Terms of use

TERMS AND CONDITIONS

Welcome to Safedate.net! These Terms and Conditions (“Terms”), together with our Privacy Policy, constitutes a written contract (the “Agreement”) between you (“you” or “your”) and Safe Date Corp (“Company,” “we,” “our,” or “us”) governing your use of our website, mobile app, and/or any website or software whether these Terms appear or are linked (collectively, the “Service”).

By clicking/checking “Sign Up”, “Join” or “Get Started”, creating an account, or otherwise using the Service in any manner whatsoever, you agree to be bound by the Agreement.

If you don’t agree to this Agreement immediately stop using the Service.

DISPUTE RESOLUTION

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of Colorado govern this Agreement. The arbitrator will apply Colorado law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Parker, Colorado. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

OUR SERVICES

The Safe Date Service is a membership-based online community for people interested in dating, friendships, romance, and serious relationships. Our goal is to offer a safe online dating site that fosters a secure, reliable, diverse, and trusted community where members can connect, share, and interact. We aim to do this through multiple safety measures including identity verification searches and carefully monitoring user feedback for abuse, fraud, and scams.

As part of our application process, Company conducts identity verification searches on its prospective users. Please note that the results from these searches rely on public records, which are not always accurate or up to date. Users who engage with or meet other users do so at their own risk. No system is foolproof, we encourage you to exercise due diligence and common sense in communicating with and exchanging personal information with other users.

APPLICATION AND REGISTRATION PROCESS

In order to gain full access to the Service, prospective users will be asked to complete a brief application, with accepted users being offered the ability to sign up for membership. Once we receive your application, we use the information to conduct an identity verification search with our third-party service provider.

All applications will be considered; however, we reserve complete control and sole discretion regarding who is granted membership to the Service. Among the factors that we consider in reviewing applications is what, if any, information is available from the identity verification search on a potential member. For example, we have found that when no information is available or when information does not match up with what has been provided by a user, we can better filter out potential cat-fishers or scammers.

Those who are not granted access may be placed on our waitlist, which is continually reviewed by our team for additional applicants to be admitted.

By submitting an application, you agree to receive emails from us regarding, among other things, the status of your application.

ELIGIBILITY

You must be at least 18 years of age to use the Service. By submitting an application, (?) creating an account, or otherwise using the Service, you represent and warrant that:

• You are currently eighteen (18) years of age or over;
• You can enter into and form a binding contract with Company;
• You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
• You are not prohibited by law from using our Service;
• You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
• You are not required to register as a sex offender with any state, federal or local sex offender registry;
• You are not on any U.S. Government list of prohibited or restricted lists;
• You do not have more than one account on our Service; and
• You have not previously been removed from our Service by us unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately cease use of the Service and delete your account. If you do not cease and delete, Safe Date Corp will.

ACCOUNT REGISTRATION; YOUR USE OF THE SERVICE

Your Account Registration

Once granted access as a member, in order to participate in the Service, you will need to create an account and profile (collectively, your “account”). You represent and warrant that all information you provide in connection with your account and your use of the Service is current, complete, and accurate, and that you will update the information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your account, or misleading other users as to your affiliation with any person or entity. You affirmatively represent and warrant that you are a legal adult. We reserve the right, at any time and in our sole discretion to: (a) refuse to grant you access to the Service, (2) remove your profile from the Service, (c) terminate your account, or (d) suspend or terminate your right to use the Service.

Personal Use Only

You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to your account or your username. You will not share or otherwise transfer you account credentials. Your account and Service are for your personal use only and may not be used in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Company’s express consent, which consent may be withheld in our sole discretion.

Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Company immediately at admin@safedate.net if you suspect any unauthorized use or breach of your account. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Company is free of viruses or other harmful components. Company is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

No Obligation to Retain Record of Your Account

Company has no obligation to retain record of your account or any data or information that you may have stored for your convenience by means of your account or the Service. The Service is not intended for data storage. You are solely responsible for backing up your data.

Safety; User Interactions and Meetings

Though Safe Date strives to provide a safe experience for users, SAFE DATE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR YOUR EXPERIENCE AT ANY IN-PERSON MEETING OR EVENT YOU ATTEND THROUGH USE OF THE SERVICE OR OFF OF THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE SERVICE, MOBILE APP, TEXT CONVERSATIONS, VIDEO CHAT INTERACTIONS, CHAT ROOMS, INTERACTIVE GAMES, AND IN-PERSON INTERACTIONS. You understand, acknowledge, and assume all responsibility for your communications and interactions that are initiated through the Service. As with any internet-based service that allows you to communicate with persons previously unknown to you, you should use caution in disclosing personal information about yourself, including personal details about yourself, home address, details about your finances or family, and so forth. While we endeavor to ensure the privacy and safety of all users’ interactions through the Service, we have no involvement, and disclaim all responsibly, with respect to in-person interactions. You should only elect to disclose your location after careful consideration. In no event shall Company, its affiliates or its officers, directors, employees or agents be liable (directly or indirectly) for any losses or 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, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons you meet through the Service. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.

Prohibited Conduct

Company imposes certain restrictions on your use of the Service. By using or accessing the Service, you represent, warrant, and agree that you will not:

• provide any false, misleading, or inaccurate information, create more than one account, transfer your account, create an account for anyone other than yourself (unless you have been authorized to create an account on behalf of that person), or create an account without authorization; 
• do anything that could disable, overburden or impair the proper working order of the Service;  attempt to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization;
• use any robot, spider, scraper or other automated means to access the Service; 
• send spam or any other unauthorized advertisements or solicitations through or using the Service; 
• harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses; 
• solicit private information (including social security numbers, credit card numbers and passwords) from users;  use the Service or your account for any commercial purpose; 
• intimidate, bully, stalk, assault, harass, mistreat or defame any users; 
• post any Content that is considered hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• do anything that is illegal, infringing, fraudulent, malicious or could expose us or users to harm or liability; create another account if we have already terminated your account, unless you have Company’s prior written permission; or 
• attempt, encourage or facilitate any of the above.

Company reserves the right to investigate and/or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that we regard, in our sole discretion, as inappropriate or unlawful, including actions or communications that occur on or off the Service.

To report violations of Prohibited Conduct to Company, you may contact us at admin@safedate.net.

USER CONTENT

Your Content

We refer to all content uploaded, posted, or communicated by you to the Service as “Content.” Your Content includes your posts and comments, images, photographs, profile pictures and information, artwork, music, literary works, gifs, memes, reviews, comments, ratings, and your interactions with other users through the Service (both public and private messages). Your Content includes all Content posted through your account, regardless of whether you personally posted it.

It is up to you to make sure that your Content obeys this Agreement and all applicable laws. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.

License to Display Your Content

You are always the owner of your Content; however, we require the following license from you to display your Content as expressly permitted by you. You hereby grant Company an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to host, store, use, copy, display, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant Company the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with the Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Abusive and Illegal Content

You agree not to post any of the following types of Content:

• Infringing Content. Infringing Content is any Content that does not belong to you and for which you have not obtained permission from the owner to post it. For example, any photograph you did not personally take is infringing Content; however, if your friend took a photograph of you and gave you permission to post it on the Service, it is no longer infringing.
• Illegal or Obscene Content. Any Content prohibited by law—such as child pornography or unlawful or invasive recordings—is also prohibited on the Service. We also prohibit obscene Content, including Content depicting violence, rape, drug use, and similar illegal acts, whether fictionalized or real. We do not allow Content containing pornography, depiction of sexual acts, or nudity, whether legal or not.
• Threatening, Defamatory, or Invasive Content. We don’t allow any Content that threatens or spreads misinformation about other users or persons. We don’t allow any Content that violates a user’s privacy, such as recordings of non-public areas made without their consent, or doxing. The enforcement of this section is within our exclusive discretion. This means that we do not have to take down Content just because you feel it is dishonest or threatening.
• Commercial Solicitations or “Spam.” Do not post Content that solicits other users or constitutes spam. Spammy comments are a great way to get your account terminated. If you see other users posting spam, you should report it. We appreciate your help with our effort to keep the Service spam-free.

When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content. As you can see, it’s easier and cheaper if you don’t post the prohibited Content in the first place!

To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so and we do not conduct such reviews as a matter of practice.

Reviews

If your Content contains any reviews or comments—including reviews of the Service and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted to your Content, Company will have the right to republish all or part of your reviews and comments on the Service, Company’s social media accounts, advertising, and other media as Company deems fit.

Other Users’ Content

Other users will also share content on our Service. Other users’ content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to other users’ content, and you may only use other users’ content to the extent that your use is consistent with our Service’s purpose of allowing use to communicate with and meet one another. You may not copy other users’ content or use other users’ content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse other users’ content.

PAYMENTS

Your Payments

You agree to pay Company all fees associated with any purchases made by you through the Service, including any enrollment in a subscription plan.

Subscriptions

Company may offer access to certain parts of the Service on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed according to the terms of the Scription as displayed to you at the time you first enrolled (the “Subscription Terms”).

Timing of Subscription Payments

At the time you enroll in your Subscription, you will be required to provide payment card information to pay for the fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that your credit or debit card on file will be charged fees for additional Subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless cancelled in advance of the next payment period by you. Please pay attention to the fees, payment terms and disclosures provided during the order process for your Subscription.

Changes and Cancellation

Deleting your account does not cancel your Subscription. To change or cancel a Subscription, including a free trial for a Subscription, you may either log into your account or email Company at admin@safedate.net. If you choose to change or cancel your Subscription by email, you must provide Safe Date sufficient information to identify your account, such as your username, real name, billing address, and the email address associated with the account. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next Subscription payment in order to avoid said payment.

Changes in Subscription Fees

Company may find it necessary to change its subscription fees and reserves the right to do so in its sole discretion. We will not increase subscription fees without prior notice to you that is sufficient to afford you an opportunity to cancel your account or Subscription before incurring any increased fees.

Free Trials

If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account does not cancel your free trial.

No Refunds

Due to the nature of the Service, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS.

Notice to subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, and as otherwise required by law, the terms below apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. To cancel, you may contact us at admin@safedate.net. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

INTELLECTUAL PROPERTY

Your License to Use the Service

Subject to your compliance with this Agreement, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access the Service, and to use the Service, in the manner intended by the Service for your personal use. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Service without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company.

Company’s License to Use Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Service. Without this license, we could not allow you to upload any Content to the Service. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

Use of Your Content to Promote the Service

As we explain above, we may use your reviews and comments to promote the Service. Aside from your reviews and comments about the Service, we will not use your Content in advertising without first obtaining your permission.

Our Intellectual Property

Our name, logo, product names, the website domain, the apps, and all source code, product design, content and other intellectual property associated with the Service other than your Content (collectively, the “Company IP”) are trademarks, copyrights, trade dress, patents, and other intellectual property that are owned by Company and our third-party licensors, service providers, and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

Copyright Infringement and Our DMCA Policy

Company respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA"). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.

If you believe Content located on or linked to the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice ("Infringement Notice"), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person who made the Content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following:

• (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
• (b) an identification of the copyright claimed to have been infringed;
• (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material;
• (d) your name, address, telephone number, and email address; and
• (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to admin@safedate.net with the subject line “DMCA NOTICE.” Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

REPORTING USERS TO COMPANY

The Service allows users to “Rate their Date”, which is viewable to Company. This gives Company valuable feedback to ensure (1) that our users are who they say they are, and (2) add an additional layer of safety. Company has a strict 48-hour policy to reply to any and all complaints filed against other users.

MOBILE APPS AND COMMUNICATIONS

Mobile Networks

When you access the Service through a mobile network, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all Apps or Products from working.

Apps and Software

When you use our apps or other software products, you may be given the opportunity to turn on or off certain permissions for us to access your mobile device or third-party accounts. For example, we may ask for permission to track your activity across third-party apps. For apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.

Consent to Receive Electronic Communications from Company

Without limitation, by registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email and push notifications, regarding the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to admin@safedate.net

Consent to Receive Electronic Communications from Users

Without limitation, by registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby consent to receive electronic communications, including email, push notifications, instant messages, video messages, and other personal messages from other users of the Service. For more information, see our Privacy Policy.

THIRD PARTIES

What are Third Parties?

Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:

• Our service providers/vendors. These third parties help us to run our website, apps, and provide the Service. For example, we use a third-party service provider to assist with identification verifications. In order to do their jobs, third-party vendors may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
• Other users. You may engage with other users of the Service. While other users may have agreed to this Agreement, they are not party to this Agreement between you and us. Accordingly, when other users post Content, it is third-party Content—meaning neither you nor we are responsible for it.
• Other websites or apps. Our website and app may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.

Third-Party Content

Third-party Content includes any posts, uploads, messages, photos, videos, opinions, advice, statements, or other information posted to the Services by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.

Third-Party Websites

The Service may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.

TERMINATION

You may terminate your account at any time, for any reason, by following the instructions in in the Service. However, if you use a third-party payment account such as Apple’s App Store or iTunes Store, as applicable or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing. If you are enrolled in any Subscription, you must cancel your Subscription as part of termination in order to avoid incurring additional Subscription Fees

Company may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Company: your payment obligations, Dispute Resolution, Safety; User Interactions and Meetings, Intellectual Property, Assumption of Risk/Indemnity By You, Disclaimers/Limitation of Liability, and General.

ASSUMPTION OF RISK; INDEMNITY BY YOU

In addition any other indemnification obligations expressly stated in this Agreement, you agree, to the fullest extent permitted under applicable law, to indemnify, defend and hold harmless Company and its owners, officers, directors, employees, contractors, attorneys, service providers, agents and licensors against any and all claims, demands, suits, actions, costs, damages, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may arise out of or in any way relate to:

• Your access to, use of, or misuse of the Service;
• Your Content;
• Your interactions with other users on the Service or off of the Service (including any violation by you of the rights of any other person or entity);
• Your breach of this Agreement or any other policies governing the Services; or
• Any third-party site, products, services, and links included on or accessed through the Service.

Company reserves the right, at your 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. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS, INTERACTIONS, AND MEETINGS WITH OTHER USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. COMPANY DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE SERVICE. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY USER. IN COMMUNICATING WITH OR MEETING OTHER USERS IN PERSON, YOU AGREE TO HOLD COMPANY AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEYS’ FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE OR IN-PERSON MEETING WITH A USER. BEFORE ENGAGING IN ANY CORRESPONDENCE OR IN-PERSON MEETING WITH A USER, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT USERS THROUGH ADDITIONAL SOURCES.

DISCLAIMERS; LIMITATION OF LIABILITY

Disclaimer of Warranties

COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ON BEHALF OF ITSELF AND ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN), ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER COMPANY NOR ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT YOU WILL FIND SOMEONE TO CORRESPOND WITH, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT.

COMPANY ASSUMES NO RESPONSBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

COMPANY DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USE, ON OR OFF THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ATTORNEYS, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY USER OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF COMPANY HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

Application of Disclaimers

Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. Company’s service providers, licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

EVENT CREATORS AND HOSTS

In addition to, and under no circumstances in limitation of, the other provisions of these Terms, by utilizing the Service to, directly or indirectly in any manner whatsoever, create, host, promote, or invite others to a private or public event, you acknowledge and agree that (i) the Company is not responsible for the event or any aspect thereof, including, but not limited to, the behavior or safety of any attendee, (ii) you will not promote, market or refer to the event as a Company event or otherwise indicate or give the impression that Company has any involvement with the event other than as an invitation platform, and (iii) you agree to indemnify and hold Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party relating to the event.

GENERAL

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Severability

If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

No Waiver

A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment

This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Service after the change takes effect. Your continued use of the Service after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your account up to date so that you don’t miss any such notifications.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available at our privacy policy.

In addition to the Privacy Policy, the following additional policies govern your use of and interactions initiated through the Service, which are incorporated into this Agreement by reference: