We currently make services, products and features available through our Sites, applications, which include mobile software and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products and all products, services and features provided by us in connection therewith shall be referred to collectively as, the “Services”). We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.
THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THORUGH INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHTS TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
IF YOU BECOME A COMPANY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTION 7(a) MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
By accessing or using the Site or Services, you represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) you will only provide us with true, accurate, current and complete information if you register for an Account and/or Orders (defined below), (c) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any governmental entity; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and (e) you are not a competitor of us and are not using the Services for reasons that are in competition with us or other than for its intended purpose. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
- Use of Services / Your Account
You agree that you will only use the Site and Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.
- Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
- Assumption of Risk and Interactions with Other Users. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. We do not make any representations, warranties or guarantees as to the conduct of the users of the Site or Services, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Site and Services. You agree to take all necessary precautions when meeting other users, particularly if you decide to meet in person.
- No Commercial Use. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Site or Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent obtained outside of the Site and Services.
- User Conduct. We are not responsible or liable in any manner for the conduct of the users of the Site and Services, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Site, the Services or the users thereof:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- engage in any unlawful, harassing, obscene, intimidating, threatening or unwanted conduct;
- use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- make any commercial use of the Services or promote or solicit involvement in or support of a political platform or religions organization;
- disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
- use any scripts, bots or other automated technology to crawl, scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large burden on our infrastructure;
- collect or solicit personal information about anyone under 18 years of age;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- obtain, harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
- attempt to access any Services or area of the Sites that you are not authorized to access;
- bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use of copying of any content or enforce limitations on use of the Service or the content therein;
- use another user’s account or permit or allow other people or third parties to access and use the Services via your account; or
- upload invalid data, viruses, worms, or other software agents through the Services.
- User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us or to another user through the Services (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for, or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
- Your Obligations.You will not post any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Site or Services may have copyright protection whether or not it is identified as being copyrighted.
- No Duty to Review User Content. Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices and procedures.
- License Granted to Company. By creating an account, you grant to Company a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute your User Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Company’s license to your User Content shall be non-exclusive, except that Company’s license shall be exclusive with respect to derivative works created through use of our Services. Additionally, so that Company can, at its own discretion, prevent the use of your User Content outside of our Services, you authorize Company to act on your behalf with respect to infringing uses of your User Content taken from our Site or Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your User Content is taken and used by third parties outside of our Site or Services. Company is not obligated to take any action with regard to use of your User Content by other users or third parties.
- Restricted Content. You agree that you will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Company policy governing your use of the Services and/or is prohibited by any applicable law in the jurisdiction in which you or the Company are located (“Prohibited Content”). Prohibited Content includes, but is not limited to, User Content that:
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without first obtaining proper permission;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone’s data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- contains any advertising, fundraising or promotional content; or
- is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type.
- Reporting Abuse or Violations. If you wish to report any violation of this Agreement by users of the Site or Services, please use the “Report Profile” button on the Services or by contacting us at email@example.com.
- Rights and Licenses to Company Content. Other than unique User Content or permitted third party content, all other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on or in our Site or Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. For as long as you comply with this Agreement, Company grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Site and Services for purposes as intended by the Company and permitted by these Terms and applicable laws.
- Purchase of Services / Use of Paid Services. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services, you authorize the Company and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due in addition to all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at the Company’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice.
UnFiltered Boost (Buy Credits) – One Time Purchase (No Recurring Charges)
Credit Package – 5 Credits – $7.99
15 Credits (Save 11%) – $19.99
30 Credits (Save 30%) – $29.99
*Unused Credits will expire 6 months from date of purchase.
UnFiltered Plus (Subscription) – Icon (Blue Heart on Home Screen)
1 Month – $19.99 – Billed Every Month Until Cancel
3 Months – $34.99 (42% Savings) – Billed Every 3 Months Until Cancel
6 Months – $49.99 ($60% Savings / Month) – Billed Every 6 Months Until Cancel
- See Who Likes you before you Swipe
- Unlimited Likes
- Global Passport – Match with anyone in the US
- 5 Super Likes Per Day
- 5 Additional Matches
UnFiltered Premium (Subscription) Icon (Green Heart on Home Screen)
1 Month – $24.99
3 Months – $44.99 (40% Savings)
6 Months – $59.99 (60% Savings)
- All “Plus” Features
- Rewind Feature
- Setup Date Feature
- Control Your Profile – Control what people see about you
- Enable Video Chat Feature
UnFiltered Elite – Unlock All Features (Subscription) Icon (Red Heart on Home Screen)
1 Month – $29.99
3 Months – $49.99 (45% Savings)
6 Months – $69.99 (62% Savings)
- All “Premium” Features
- 5 Boost Profile Feature Per Month
- Additional Filters – Ethnicity, Deal Breakers, Interest
- Unlimited Matches
- Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED. Unless otherwise indicated in any applicable additional terms or communications we send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you at least 10 days prior to the end of your current term that the subscription fee will increase. You acknowledge and agree that your payment method will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees. You agree to provide updated and accurate billing information to the Company.
- Cancellation of Subscriptions. To change or cancel your subscription at any time up to 24 hours prior to the end of your subscription term, go to the “settings” page of your dating profile, click on “subscription” and follow the instructions. PLEASE NOTE: IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO THE END OF YOUR SUBSCRIPTION TERM, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS REQUIRED BY APPLICABLE LAW. Please see Section 17 for state-specific rights of withdrawal.
- Free Trials and Promotional Offers. The Company may, in its sole discretion, offer free trials or other promotions (a “Promotion”). YOU MUST CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 7(b) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES.
- Account Termination. We, in our sole discretion and for any or no reason, may terminate and/or suspend your account with us and all of the Services accessible to you by the Site. Any suspension or termination of your access or use of your account and/or the services may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. Such suspension or termination will be in addition to any other remedies we may have at law or in equity.
- Mobile Software and/or Applications. We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on one device owned or leased solely by you, for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (vii) use the Mobile Software on any device that you do not own or control; or (viii) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section 16 may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.
- Mobile Software or Applications from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and the Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.
- Mobile Software or Applications from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and the Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) the Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the Company’s Google-Sourced Software.
- No Support for Mobile Software or Applications. This Agreement does not entitle you to receive from the Company, its licensors, or Apple, or Google, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
“AS IS” AND “AS AVAILABLE”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND COMPANY’S SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY MAKES NO EXPRESS WARRANTIES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES AND PRODUCTS AND ANY PART OF ANY OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) THE SERVICES OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE OR SERVICES WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO THE COMPANY’S GROSS NEGLIGENCE. YOU WILL IMPLEMENT REASONABLE AND APPROPRIATE MEASURES DESIGNED TO SECURE ACCESS TO (A) ANY DEVICE ASSOCIATED WITH YOU AND UTILIZED IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS OR USE OF THE SITE AND SERVICES; AND (B) ANY OTHER USERNAME, PASSWORDS OR OTHER LOGIN OR IDENTIFYING CREDENTIALS. IF YOU ARE NO LONGER IN POSSESSION OF ANY DEVICE ASSOCIATED WITH ANY ACCOUNT USED FOR THE SITE OR SERVICES OR ARE NOT ABLE TO PROVIDE YOUR LOGIN OR IDENTIFYING CREDENTIALS, THEN YOU MAY LOSE ACCESS TO YOUR ACCOUNT. THE COMPANY IS UNDER NO OBLIGATION TO RECOVER ANY INFORMATION RELATING TO THE SITE, SERVICES OR YOUR ACCOUNT.
- Third Party Websites and Links. You may be able to link to third party Websites, services or resources on the Internet from the Site or within the Services, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
- Third Party Merchants. The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your transactions.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT THE COMPANY’S TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO US UNDER THESE TERMS FOR THE SERVICES PURCHASED 30 DAYS PRIOR TO THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
- Dispute Resolution
Agreement to Arbitrate.
You and the Company agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner made unauthorized use or abuse of the Site or Services or violated or threatened to violate any Intellectual Property, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse or actual or threatened violation.
Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, then the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under these Terms shall be held in the United States in Orange County, California, under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis as judge in a court of law under the same circumstances. The award of the arbitrator is final and binding upon you and the Company.
No Class Actions.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Waiver of Jury Trial: TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and the Company, to the fullest extent permitted by law, waive all rights to a jury trial instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THESE TERMS TO ARBITRATE.
Opt-Out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing us at firstname.lastname@example.org and providing the requested information as follows: (a) your name; (b) the URL of these Terms; (c) your address; (d) your phone number; and (e) a clear statement that you wish to opt out of the arbitration agreement in these Terms. The email must be sent no later than thirty (30) days after the date you first accept these Terms.
- Governing Law; General Information
We control and operate the Site from our offices in the State of California, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of California. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
- Rights of Withdrawal and/or Cancellation. In addition to the cancellation procedure set forth elsewhere herein, if you are a Company subscriber in one of the following states (as determined by the zip code / postal code you use at the time of your subscription), you have the right to withdrawal of your subscription in accordance with the applicable terms described below. The date of your subscription is the date that you sign up for the subscription through our Services. Upon withdrawal of your subscription, your subscription benefits will terminate immediately.
- Arizona. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you purchased a subscription and/or upgrade(s). A signed written notice of cancellation (which includes your Company username and the email address used to register for the Services) must be sent by certified mail to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, or personally delivered to our offices at that address. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
- California. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a signed and dated notice to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, send an email to email@example.com or send a telegram which states that you are cancelling your subscription and/or upgrade(s) or words of a similar effect. Include your Company user name and the email address used to register for the Services with such notice. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
- Connecticut. NOTICE OF WITHDRAWAL. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR COMPANY USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
- Illinois. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days after the first business day after the date you purchased a subscription and/or upgrade(s). A written notice of cancellation (which includes your Company user name and the email address used to register for the Services) must be sent by certified or registered mail to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
- Iowa. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). A signed and dated written notice of cancellation (which includes your Company user name and the email address used to register for the Services) must be mailed or delivered to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. You may also send a telegram to the address above with the required information. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 business days of receipt of the notice of cancellation.
- Minnesota. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you purchased a subscription and/or upgrade(s). The notice must be delivered or mailed to: Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Company user name and the email address used to register for the Services with such notice.
- New York. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR COMPANY USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
- North Carolina. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a written notice of cancellation (which includes your Company user name and the email address used to register for the Services) to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, no later than midnight of the third business day after the date you purchased a subscription and/or upgrade(s). Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid. Payments made pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days after the notice of cancellation is given.
- Ohio. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) for any reason, without any penalty or obligation, until midnight of the third business day after the date you purchased a subscription and/or upgrade(s), or if the Services are not available when you purchased a subscription and/or upgrade(s), you may cancel your subscription and/or upgrade(s) prior to midnight of the seventh business day after the date on which you receive your first Service. A written notice of cancellation (which includes your Company user name and the email address used to register for the Services) must be sent by certified mail (return receipt requested) or delivered to Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, or sent by email to firstname.lastname@example.org or via telegram. Notice of cancellation by certified mail is effective upon the date of post marking. Delivery is effective when delivered to the address above. When notice is sent by electronic mail, notice is effective when the electronic mail is sent to the Company’s electronic mail address.
- Rhode Island. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after you purchased a subscription and/or upgrade(s) by mailing, by certified or registered United States mail, a signed and dated copy of a Notice of Cancellation Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. If you cancel under this provision, any payments made by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Company user name and the email address used to register for the Services with such notice.
- Wisconsin. You are permitted to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying the Company by any writing mailed or delivered to the Company at Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, within three days from the date of your subscription. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by the Company and arrangements will be made to relieve you of any further obligation to pay the same. Include your Company user name and the email address used to register for the Services with such notice.
- Miscellaneous State-Specific Provisions. If you are a Company subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your Company user name and the email address used to register for the Services) by mail at Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612
- California. The following additional provisions(s) apply if you are a California subscriber (as determined by the zip code you use at the time of your subscription):
- If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to the Company. If the physician determines that the duration of the disability will be less than six months, we may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation.
- You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of California Civil Code¬§ 1694.3(b), the term “Dating Service Office” shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from the Company’s Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation. Upon such election, if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you If you elect to be relieved of further obligation pursuant to this subdivision, the Company may charge you a fee of $100.00 or, if more than half the life of the contract has expired, a fee of $50.00, not to exceed the amount of the refund to which you are entitled. Such fee shall be deducted from any refund which the Company is required to make to you.
- Illinois. The following additional provision(s) apply if you are an Illinois subscriber (as determined by the zip code you use at the time of your subscription):
- You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an “enterprise” shall mean any location where the Services are available. If you relocate your primary residence to a location that is more than 25 miles from where our Services are comparably offered, you may cancel this contract and shall be liable only for that portion of the charges allocable to the time before reasonable evidence of the relocation is presented to the Company plus a fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such fee shall be deducted from any refund which the Company is required to make to you.
- If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death.
- New York. The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription):
- If you subscribe for any Paid Services, the Company will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that the Company shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals.
- Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of the Company’s business by another company or third party or in the event of bankruptcy, the Company will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
- If you permanently relocate your primary residence further than 50 miles from any area in which the Company offers the Services, you may elect to terminate your subscription by notifying us in writing at Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
- You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify the Company in writing (which includes your Company user name and the email address used to register for the Services) at Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612.
- Ohio. The following additional provision(s) apply if you are an Ohio subscriber (as determined by the zip code you use at the time of your subscription):
- If by reason of death or disability you are unable to receive the benefits from the Services, the contract shall be proportionally divided by all of the days in which the Services were made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the Services were made available to you free of charge as part of the contract offering, and within 30 days after receiving notice of your death or disability, we shall refund your representative or you the amount paid in excess of the proportional amount. We shall have the right to require and verify reasonable evidence of the death or disability.
- If you relocate your residence 25 miles or more from any area in which the Company offers the Services, you may elect to terminate your subscription by notifying us in writing at Unfiltered – Account Services, 2082 Business Center Drive, Ste 180, Irvine, CA 92612, of your intention to relocate and requesting that the contract be terminated. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid.