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Privacy Policy
LAST UPDATED: August 5, 2017
Click here for PDF Version.
Spark Networks® USA, LLC has created this privacy policy (the “Privacy Policy”) as part of our commitment to helping our users better understand what information we collect about them and what we may do with that information.
The following discloses our information gathering and dissemination practices for the Spark Networks websites. If you have any questions regarding our privacy policy, please Contact Us.
Overview
As part of our operation of our Websites, we collect, store, use and disclose information about you. By accepting this Privacy Policy and our Terms of Service, you expressly consent to our collection, storage, use and disclosure of your personal information, and other activities in the manner described in this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Spark Networks Terms of Service.
This Privacy Policy applies to all Spark Networks websites (including both mobile and online versions), online services and mobile applications associated with Spark Networks websites (for a full list of our sites, online services and mobile applications, click here)(each a “Website” and collectively the “Websites”), regardless of how you access or use the Websites, whether via personal computers, mobile devices or otherwise. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Websites (unless otherwise stated below).
To the extent we provide you notice on our Websites of different or additional privacy policies or practices (e.g., at the point of collection), those additional terms shall govern such data collection and use.
Table of Contents
It is important that you read and understand the entire Privacy Policy before using the Websites. To ease review, this Table of Contents highlights key issues and points and you can click on the headings and the “More” links to be taken to the full explanation.
1. Types of Information We Collect
(a) Information You Provide Us
You may provide us with Personal Information and Demographic Information such as when you contact us through the Websites, sign up for an account and set up your dating profile or sign up to receive information from us on the Websites. [MORE]
(b) Information Collected and Stored As You Access and Use the Websites
Certain information may be collected from you automatically when you access and use the Websites. For example, we and third parties may use Tracking Technologies (defined below) to collect Usage Information (defined below) based on your Device Identifier (defined below) for a variety of purposes, which may include activities over time and across third party locations. [MORE]
(c) Location-Based Information
When using the Websites, we may obtain information about your location or provide other location-based services to you. [MORE]
(d) Information Third Parties Provide About You
We may obtain information about you from third parties. [MORE]
(e) Interactions with Third-Party Services
If you interact with third-party services, those services may send us information about you and you or we may send them information about you. [MORE]
(f) California/Delaware Do Not Track Disclosures
We do not look for or respond to do not track signals, but you may have certain other options regarding tracking and/or targeting. [MORE]
(g) Information You Provide About a Third Party
You may provide us information about others, such as when you send a friend a message. [MORE]
2. Our Use of Your Information
We use your Personal Information, Demographic Information and Usage Information for a variety of purposes detailed in this Section. [MORE]
3. Our Disclosure of Your Information
We may provide your information to third parties under various circumstances detailed in this Section. These may include:
(a) Third Parties Providing Services on our Behalf
Our vendors may directly collect your information on our Websites or we may share it with them. [MORE]
(b) Sweepstakes, Contests and Promotions
Promotions entrants may be required to consent to certain information sharing. [MORE]
We may share your information with our affiliates or in the event of a sale, merger or similar transaction. [MORE]
(d) Legal Requests
There are a variety of a legal reasons for which we may share your information. [MORE]
(e) To Protect The Rights of Spark Networks and Others
We may share your information with third parties to protect us or for your safety. [MORE]
4. Ads and Information About You
We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer. [MORE]
5. Information I Disclose Publicly or to Others
(a) User Content and Public Information
Posting content in public areas makes it available to others. We may share and use your public information for any reason not otherwise prohibited by this Privacy Policy. [MORE]
(b) Name and Likeness
You grant us the right to use your name and likeness in connection with your posting and activities. [MORE]
6. Your Use of Other Members Information
You may only make limited use of other members information you obtain from your use of the Websites as detailed in this Section. [MORE]
7. Your Profile
Each member’s dating profile page, may by default, be set up to display your information publicly. We may offer settings to make certain information private but we recommend that you do not post information or content as part of your profile that you are not prepared to make public. [MORE]
You are responsible for all actions taken with your login information and password. [MORE]
9. Information Collected Directly By Third-Parties
We are not responsible for your interaction with third party content, links, ads or locations. [MORE]
10. Data Security
No data security is absolute, but we take reasonable steps to secure data appropriately. [MORE]
11. Changing or Deleting Information
You may change certain information and request that we delete certain information we have collected about you. [MORE]
12. Your California Privacy Rights
California residents may request information about sharing of certain personal information with third parties for the third parties’ direct marketing purposes by contacting us using the methods described in this Section. [MORE]
13. A Special Note About Children
We do not intend to collect personal information from children. If you think we have, let us know. [MORE]
14. Transfer of Information to the United States
Data may be transferred to the United States. [MORE]
15. Changes in this Privacy Policy
We may change this Privacy Policy as explained here.
Privacy Policy
1. Types of Information We Collect
(a) Information You Provide Us
As user of one or more of our Websites, we and our third-party service providers ask you to provide us with certain categories of information, such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, phone numbers, credit card number and home addresses (“Personal Information”); and (2) demographic information, including information for your dating profile such as your gender, age, and other information that cannot be used alone to directly identify and contact you (“Demographic Information”). We may collect this information through various forms and in various places on the Websites, including when you set up your Website account and dating profile, through “contact us” forms, or when you otherwise interact with the Websites. To the extent we combine Demographic Information with your Personal Information we collect directly from you on the Websites, we will treat the combined data as Personal Information under this Privacy Policy.
(b) Information Collected and Stored As You Access and Use the Websites
In addition to any Personal Information or other information that you choose to submit to us via our Websites, we and our third-party service providers may use a variety of technologies that automatically (or passively) store and/or collect certain information whenever you visit or interact with the Websites (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Websites. To the extent we associate Usage Information with your Personal Information we collect directly from you on a Website, we may treat it as Personal Information.
This Usage Information may include:
- your IP address, UDID, or other unique identifier (collectively, “Device Identifiers”). A Device Identifier is automatically assigned to your Device used to access the Websites, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Websites;
- the areas within our Websites that you visit and your activities there, including remembering you and your preferences;
- your Device location, which may include details such as your street name, city and state. Please note that if your Device provides us with your specific location, it falls under the category of Personal Information;
- your Device characteristics; and
- certain other Device data, including the time of day, among other information.
Excluding Device Identifiers and exact Device location, Demographic Information and Usage Information are collectively referred to herein as “Non-Personal Information”, except to the extent combined with Personal Information.
When you visit and interact with the Websites, Spark Networks and its third party service providers may also collect other Non-Personal Information (for example, a catalog of Website pages you visit). This Non-Personal Information is generally collected through the Websites using various methods and technologies to store or collect information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a data file placed on your Device when you visit the Websites. The cookie gives you a unique, random ID, and this ID enables our Websites to readily recognize each user on a subsequent visit to our Websites. For example, a cookie may indicate the preferences you selected on a prior visit. This facilitates more efficient browsing on subsequent visits, by using your preferences to customize the content and/or layout of our Websites. Cookies can also help us provide information which is targeted to your interests. We use this information to determine our members’ demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL of the website that you visited prior to our Websites (whether this is on our Website or not), the URL of the website you next go to (whether this URL is on our site or not), what browser you are using, and your Internet Protocol (“IP”) address. We also use cookies to store encrypted user id/password to support a “remember me” option so that you do not have to log in again the next time you visit the Websites. Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive at the end of a session. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Websites. To learn more about how to opt out of Google’s use of the Google analytics cookies, visit, here.
- Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Websites’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Websites, to monitor how users navigate the Websites, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Websites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.
- Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
- Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
- Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Websites, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Website functionality.
- Performance Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Websites, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Websites.
- Functionality Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Websites, including identifying you when you sign in to our Websites or keeping track of our specified preferences, including in terms of the presentation of content on our Websites.
- Targeting Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Websites based on how you interact with our advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements, content that have been delivered to you. Further information on this, and your opt-out choices, is found in Section 4 below.
We obtain your consent to our information storage or collection practices by providing you with transparent information in our Privacy Policy and Cookie Statement and providing you with the opportunity to make a choice to disable cookies as set forth above. Please note that we are not required to obtain your consent to the information collection practices identified above that are strictly necessary.
There may be other Tracking Technologies now and later devised and used by us in connection with the Websites. Further, third parties may use Tracking Technologies with our Websites, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third party Tracking Technologies in connection with use of our Websites as described above and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.
(c) Location-Based Information
Our Websites may use location-based services in order to locate you so we may verify your location, deliver you relevant content, matches and ads based on your location as well as to share your location with our vendors as part of the location-based services we offer. You may be able to change the settings on your Device to prevent it from providing us with such information. You should consider the risks involved in disclosing your location information to other people.
(d) Information Third Parties Provide About You
We may receive information about you from your contacts and others that use the Websites, such as when they submit content to us or post on the Websites. Additionally, we may, from time to time, supplement the information we collect directly from you on our Websites with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with Personal Information we collect on the Websites, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.
(e) Interactions with Third-Party Services
The Websites may include functionality that allows certain kinds of interactions between the Websites and a third-party website or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Websites, you may have an option or otherwise be required to use your Facebookor other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Websites, or otherwise link accounts. If we offer and you choose to use this functionality to access or use our Websites, the third-party site or application may send Personal Information about you to us. Further, if you click on social media icons on the Websites (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Websites. In addition, we may provide third-party sites’ interfaces or links on the Websites to facilitate your sending a communication from the Websites. For example, we may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Spark Networks may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Websites.
(f) California/Delaware Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(g) Information You Provide About a Third Party
You may send someone else a communication from the Websites, such as sending an invitation to a friend. If so, the information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Websites, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
2. Our Use of Your Information
We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy Policy:
- to enable you to participate in a variety of the Websites’ features such as to enable you to create an account profile and meet others through the Websites;
- to process transactions or provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events;
- to improve the Websites, marketing endeavors or our Website offerings;
- to customize your experience on the Websites or to serve you specific content or ads that are relevant to you, including using your location information to display advertisements for businesses in your close vicinity;
- to place an order made through the Websites;
- to provide customer support;
- to contact you with regard to your use of the Websites and, in our discretion, changes to the Websites and/or Websites’ policies;
- to identify your product and Website preferences so that you can be informed of new or additional products, services and promotions;
- to enable you to participate in a variety of the Websites’ features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
- to improve the overall experience at the Websites;
- to resolve disputes and troubleshoot problems and enforce our Terms of Service;
- for internal business purposes; and
- for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
Where you have provided us with Personal Information or Demographic Information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this Personal Information or Demographic Information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.
3. Our Disclosure of Your Information
We may share Non-Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities. Further, we may share your Personal Information with third parties with whom we have marketing, advertising or other relationships for the third parties’ direct marketing purposes. If you are a California resident, you have the right to request additional information about this sharing, so please see Section 12 below. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. Spark Networks may disclose your information as follows:
(a) Third Parties Providing Services on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Website operations; (ii) to manage a database of customer information; (iii) hosting the Websites; (iv) designing and/or operating the Websites’ features; (v) tracking the Websites’ activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; (vii) processing payments for transactions; and (viii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them.
(b) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Websites that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(c) Other Corporate Entities. We share much of our data, including Personal Information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as carefully as they treat information they obtain from their other members. Our parent and/or subsidiaries will follow privacy practices no less protective of all members than our practices described in this document, to the extent allowed by applicable law. It is possible that Spark Networks and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that Spark Networks would share some or all of your information in order to continue to provide the services on the Websites. You will receive notice of such event (to the extent it occurs) and we will require that the new combined entity follow the practices disclosed in this Privacy Policy, as it may be amended from time to time. Further, should Spark Networks file for protection, or have a third party petition filed against it under the bankruptcy code, any assets of the company, including member personal and non-personal information may be sold or transferred, in whole or part to a new entity.
(d) Legal Requests. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law. Thus, Spark Networks cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. Further, we may use IP address or other Device Identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
(e) To Protect the Rights of Spark Networks and Others. We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to protect and/or defend the Websites’ Terms of Service [LINK] or other policies applicable to the Websites, including investigation of potential violations thereof; (ii) to protect the safety, rights, property or security of the Websites or any third party; and/or (iii) to detect, prevent or otherwise address fraud, security or technical issues.
4. Ads and Information About You
We use third parties to serve advertisements on our behalf across the Internet and use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Websites and viewing and serving of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your visits to the Websites. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Websites’ third party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services themselves set and access their own cookies (including Flash cookies), web beacons, and other Tracking Technologies on your Device and track certain Usage Information regarding users of your Device via a Device Identifier. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
There may also be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies, if any.
This collection and ad targeting takes place both on our and on third-party websites that participate in the ad network, such as websites that feature advertisements delivered by the ad network. This process also helps us track the effectiveness of our marketing efforts. Some of the third party advertisers that we use have their own privacy policies and may allow you to opt out of having your information collected as discussed above. The privacy policies of third party advertisers, analytics, and service providers that we may be using during your use of our services can be found at the following URL(s):
https://www.pepperjam.com/legal
https://www.google.com/intl/en/policies/privacy/
http://site.adform.com/privacy-policy/en/
https://www.appnexus.com/en/company/platform-privacy-policy
https://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-ads-privacy-policy
https://www.drawbridge.com/privacy
http://dstillery.com/privacy-policy/
https://www.facebook.com/privacy/explanation
https://www.tapad.com/privacy-policy
http://www.thetradedesk.com/general/privacy-policy
https://www.turn.com/trust/privacy-guidelines
https://admin.yieldmo.com/static/docs/privacy_policy.html
https://www.google.com/policies/technologies/ads/
http://www.maropost.com/privacy-policy/
https://siftscience.com/service-privacy
http://www.besedo.com/privacy-policy/
https://www.appboy.com/legal/
https://segment.com/docs/legal/privacy/
https://stripe.com/us/privacy/
https://raygun.com/privacy
https://www.kount.com/legal/privacy-policy
http://www.zayo.com/privacy/
http://www.leverinteractive.com/privacy/
http://www.incontact.com/call-center-software-company/legal/privacy-policy
https://www.vantiv.com/privacy-policy
http://www.elitesingles.com/privacy
Notwithstanding any other provision in this Privacy Policy, if you visit any of the Websites, a third-party advertiser (or its partners) may place Tracking Technologies on your Device. These Tracking Technologies enable more customized ads, content or services to be provided to you. To trigger these Tracking Technologies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a Tracking Technology on your computer. Third-party tracking technologies are not controlled by us, even if they use our technology to help store or collect data. Statements regarding our practices do not apply to the methods for collecting information used by these third-party advertisers and others or the use of the information that such third parties collect. We do however work with third parties to make efforts to provide you with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties. Further, while we may use a variety of companies to serve advertisements on the Websites, you may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link. You may also be able to opt-out of receiving third-party behavioral ads by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.
By visiting or using the Websites, you may have access to certain third party functionalities and applications that may use Tracking Technologies to enhance your experience, and provide services and content to you. One of these technologies is a Flash cookie that is embedded in the Adobe Flash Player, which is a web tool that allows rapid development of dynamic content. Adobe Flash cookies may be used in certain situations where we use Flash to provide some content such as video clips or animation and to remember settings, preferences and usage. They are similar to browser cookies (as described herein) but are managed through a different interface than the one provided by your web browser. You may access Flash management tools from Adobe’s website directly at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager06.htm. Please note that if you reject all or some cookies, you may not be able to take full advantage of all offerings on the Websites or those that require you to “sign in.”
5. Information I Disclose Publicly or to Others
(a) User Content and Public Information. The Websites may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Spark Networks does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Websites or what others do with information you share with them on the Websites. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Websites.
(b) Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Websites, please review our Websites’ Terms of Service.
6. Your Use of Other Members Information
As a member you have access to members’ identification numbers and/or user names, and you might gain access to other contact information of other members through the regular use of the services. By accepting this Privacy Policy, you agree that, with respect to other members’ Personal Information that you obtain through the Websites, Spark Networks hereby grants to you a license to use such information only for: (a) Spark Networks related communications that are not unsolicited commercial messages, and (b) any other purpose to which such member expressly agrees after complete disclosure of the purpose. In all cases, you must give members an opportunity to remove themselves from your database. In addition, under no circumstances, except as defined in this Privacy Policy, may you disclose Personal Information about another member to any third party without our consent and the consent of such other member after adequate disclosure. Spark Networks and our members do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Spark Networks member to your mail list (email or physical mail) without their express consent after adequate disclosure. To report spam from other Spark Networks members, please Contact Us.
A user’s profile page may be, by default, set up to display information such as the user’s display name, images, location (city/state/country), and optional information added by the user including, for example, the user’s likes and interests, etc. We may make it possible for users to see a report on other users that visited a profile page and this gives users access to such visitor’s profile pages. Profile information is used by us primarily to be presented back to and edited by you when you access the Websites and to be presented to others permitted to view that information on the Websites. In some cases (e.g., posting to your page), other users of the Websites may be able to supplement your profile. We may offer users the ability to manage their public profile and use profile preference settings as explained at Profile Preferences, the functionality and features of which are subject to change from time-to-time so visit it frequently to confirm the settings reflect your then current preferences and we recommend that you do not post information or content as part of your profile that you are not prepared to make public. Changing setting options may not result in immediate changes to the settings, which are subject to our operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, you should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public your information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of your profile.
You are responsible for all actions taken with your login information and password, including fees. Therefore we do not recommend that you disclose your Spark Networks password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password, and therefore should review each third party’s privacy policy. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.
9. Information Collected Directly by Third Parties
Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Websites or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since Spark Networks does not control the privacy policies of any third parties, you should investigate their policies before you disclose your Personal Information to them.
Mobile Alerts. If you opt to receive mobile alerts through a Website, you may be required to agree to additional terms and conditions for that service and you may be subject to additional charges, either by us or from your wireless carrier.
The security of your Personal Information is important to us. Spark Networks uses generally accepted commercially reasonable safeguards, including “firewalls” and Secure Socket Layers, to protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Websites and provide us with your information at your own risk.
11. Changing or Deleting Information
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If you would like to review, correct, update or delete Personal Information, you may do so by logging into your account and correcting, updating, or in some cases deleting such information. Please note that if required information (marked with an asterisk) is deleted, the service on the Websites may not function and may no longer be used in whole or in part. You may elect to close your account. If you would like us to delete your Personal Information, send this request by messaging Us through the Contact Us section of the Website.
If an account holder is unable to correct, update, or delete their information as described above or wishes to terminate his/her use of the Websites, they should contact Spark Networks with their specific request by navigating to the Contact Us section of the Website and sending Us a message. Please note that, as more fully explained above, we need to retain certain transaction information for business record keeping and reporting purposes, and, notwithstanding anything to the contrary, there may also be residual information that remains within our databases and other records, which may not be removed.
We are not responsible for removing information from the databases of third parties with whom we have already shared information. We will retain your information for as long as your account is active or as needed to provide you services or to maintain reasonable business records, but undertake no duty to do so. Notwithstanding anything to the contrary, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as permitted or required by applicable law.
If you no longer wish to receive electronic newsletters and/or promotional emails that we send to you, you may use the following options for removing your information from our e-mail database if you wish to opt out of receiving promotional e-mails and newsletters.
- Click on the “Unsubscribe” or “Update Your Email Preferences” link at the bottom of the e-mail;
- Send mail to the following postal address letting us know which promotional e-mails you wish to opt-out of:
Spark Networks USA, LLC
11150 Santa Monica Blvd., Suite 600
Los Angeles, CA 90025 - Visit the Help section of the Websites or send us an email at Contact Us; or
- Go to the message settings page from your account home page, and update your email settings there.
12. Your California Privacy Rights
We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2016 will receive information about 2015 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send, please send a request by email to the Privacy Administrator at legal@spark.net or by postal mail to Spark Networks USA, LLC, 11150 Santa Monica Blvd., Suite 600, Los Angeles, CA 90025, Attn: Your California Privacy Rights, c/o Privacy Administrator. All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
13. A Special Note About Children
We understand the importance of protecting children’s privacy in the interactive world. We only operate general audience services and do not use the Websites to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Websites and should not send any information about yourself to us through the Websites.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please Contact Us.
14. Transfer of Information to the United States
Our Websites are operated in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Websites or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.
15. Changes in this Privacy Policy
We may change this Privacy Policy from time to time based on changes in the law, technology, our business, your comments, our attempts to better serve user needs, or our need to accurately reflect our data collection and disclosure practices. If we decide to change our Privacy Policy, we will post changes within the Privacy Policy itself, with an alert on the homepage or in other places we deem appropriate. If we change how we use your Personal Information we will notify you about significant changes in the way we treat personal information by sending you a notice via email or by placing a prominent notice on our Websites. We reserve the rights to modify this Privacy Policy at any time, so please review it frequently. All information collected after any updates to the Privacy Policy may be subject to the new policy; provided, however, that Personal Information collected under a prior version of the Privacy Policy may not be used in a way materially different than allowed under the version of the Privacy Policy in effect at the time the data was collected unless you consent.
Terms and Conditions of Purchase
All purchases are subject to the following Terms and Conditions of Purchase, and both You and Us hereby agree as follows:
The current Subscriber and renewal rates offered by JDate.com are available on the subscription page. Current Subscribers can view their subscription plan including any applicable renewal rate and period on the Account Information page.
The TERMS AND CONDITIONS OF SERVICE to which You and We agreed also are part of this Terms and Conditions of Purchase (the “Purchase Agreement”), and they are incorporated into this Purchase Agreement as if set forth in their entirety. Any capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the TERMS OF SERVICE. Please consult the TERMS OF SERVICE if you have any questions. Among other provisions, please note the following: THIS PURCHASE AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES, AS STATED IN THE “RESOLUTION OF DISPUTES” SECTION OF THE TERMS OF SERVICE (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY DISPUTES DEFINED THEREIN, AND CLAIMS THAT MAY BE ADJUDICATED IN SMALL CLAIMS COURT), WHICH YOU SHOULD READ IN ITS ENTIRETY. YOU UNDERSTAND THAT THIS IS LEGALLY BINDING AND AGREE TO ABIDE BY THESE TERMS. YOU EXPRESSLY AGREE WITH US THAT THAT ANY DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION BETWEEN YOU AND US, AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Additional terms and conditions:
- All purchases are final. No refund will be given for unused portions of your subscription period.
- JDate.com guarantees that mail sent by Purchaser will be processed by the JDate.com system and sent to the recipient’s mailbox on the JDate.com system. Notwithstanding, JDate.com does not guarantee receipt by or a response from the recipient nor does it make any other promises or warranties of any kind.
- Purchaser hereby agrees that subscription privileges are non-refundable in the event that Purchaser chooses to cancel his/her subscription three (3) days after the date of purchase. Furthermore, no refund will be made in the event of termination of Purchaser’s subscription due to a violation of the Terms of Service as outlined therein. In that respect, Purchaser hereby agrees that offensive behavior towards other members or use of foul language in the chat room, emails to members or in Purchaser’s profile will constitute sufficient grounds for such termination of Purchaser’s subscription by JDate.com.
- All disputes resulting from the purchases, communication privileges or any other purchase made within the JDate.com website shall be brought to a binding arbitration in accordance with the provisions in the RESOLUTION OF DISPUTES section of the website’s Terms of Service.
- By submitting this purchase, Purchaser hereby acknowledges, agrees and authorizes JDate.com to renew Purchaser’s subscription, automatically, at the guaranteed renewal rate and for the period of time that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs JDate.com to stop the renewals. Renewals can be stopped by logging in as a member and clicking on “Your Account” or by going to: Cancel Subscription. Once a cancellation is submitted, your subscription will not be renewed after the current period. You will not be eligible for a prorated refund of any remaining time on the current subscription period.
- If you are awarded a “Gift Membership for a Friend” that membership may only be used by someone other than yourself. Gift Memberships expire one year after their grant date. All terms and conditions contained on the award or subscription page or in any applicable award email apply. Please contact Customer Service for further details.
Terms of Service
Last Updated: August 5, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AND SERVICE. THESE TERMS OF SERVICE REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Introduction and Overview
Spark Networks, Inc provides online personals services for single adults to meet each other. These Terms of Service (the “Agreement”) constitute a legal agreement between You and Us. The Agreement, as it may be amended from time to time, applies to all users of any Spark Networks websites (including both mobile and online versions), online services and mobile applications associated with Spark Networks websites (for a full list of Our sites, online services and mobile applications, click here) (each a “Website,” and collectively the “Websites”). It also applies to Your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that: (i) We own and control and make available through a Website; or (ii) that post a link to this Agreement (collectively, with the Websites, the “Service”). This Agreement applies regardless of how You access or use the Service, whether via personal computers, mobile devices or otherwise. By visiting or using the Service, You expressly agree to this Agreement, as updated from time to time.
You may not use the Service if You are under the age of eighteen (18) or You are not able to form legally binding contracts, or if Your membership has been suspended by Us. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SERVICE. By registering for the Service, You become a Spark Networks Member (a “Member”), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR OR USE THE WEBSITES OR THE SERVICE. In some instances, both this Agreement and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to Your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
The business realities associated with operating the Service are such that, without the limitations that are set forth in this Agreement, such as Your grants and waivers of rights, the limitations on Our liability, Your indemnity of Us, and the arbitration of certain disputes – We would not make the Service available to You.
Risk Assumptions and Precautions
We are not responsible for the conduct, whether online or offline, of any Member of the Service. You assume all risk when using the Service, including, but not limited to, all of the risks associated with any online or offline interactions with other Members, including meeting up and dating with another Member You meet on the Service. You agree to take all necessary precautions if You choose to contact, communicate and/or meet an individual through the Service. You understand that we make no guarantee, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
You promise to never send money, ask another Member for money, or share financial information with anyone you meet on the Service. In addition, you pledge to report anyone who asks You for money or for Your financial information.
Agreement Definitions
In this Agreement, the following terms have the following meanings unless the context requires otherwise:
“Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein;
“We”, “Us”, and “Our” means Spark Networks, Inc and
“You”, “Your”, “Yourself” means the person who accesses or utilizes the Service.
“Member” means an individual who provides information to Spark Networks on our Service or who participates in the Service in any manner whether such individual uses the Service as a free Member or a subscriber.
This Agreement is posted in interactive format to ease Your review, especially using smart phones and other devices with small screens. It is important that You read and understand this entire Agreement before using the Service. To ease review, each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation. Any capitalized terms that appear, but are not defined in the introduction, have the meanings given to them elsewhere in this Agreement.
1. Service Content, Ownership Limited License and Rights of Others
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. [MORE]
2. Eligibility: Minors May Not Become Members
You must meet the Service’s eligibility requirements to become a Member. [MORE]
3. Registration and Subscription
You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer you the ability to make choices regarding how and to whom some aspects of your account are used and seen, but these may not be completely effective. [MORE]
4. Terms Applicable To Subscription Purchases
If you purchase a subscription to the Service or other products or services, these terms apply. [MORE]
5. Term and Termination of Membership
We may change or discontinue our Service in whole or in part. [MORE]
6. Content You Submit and Community Usage Rules
You grant us a broad license, which we may sublicense, to the content you submit which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Service is subject to community usage rules and we have the right to manage our Service to keep its content appropriate. [MORE]
Your use of our Service is subject to various restrictions identified here. [MORE]
8. Service and Content Use Restrictions
Your use of our Service and Content is subject to various restrictions designed to protect the Service and our users. [MORE]
9. Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services. We may make advertisements and third-party content or services available to you on or via our Service, which we do not control. Use caution when dealing with third parties. [MORE]
10. Mobile Features
Wireless carrier charges may apply to use of the Service via wireless networks or Devices. [MORE]
As a user of the Service, you agree to indemnify for specific claims identified in this Section. [MORE]
12. Release
As a user of the Service, you agree to release us from liability for specific types of claims identified in this Section. [MORE]
13. Online Content
Don’t rely upon content or information provided by third parties. [MORE]
14. Notice of Procedure for Making a Claim of Copyright Infringement
Users may not post content they do not own or control, and may be suspended or terminated if they do so. Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section. [MORE]
15. Privacy
By using the Service, you acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. [MORE]
16. Disclaimers
We disclaim warranties to the extent permitted by applicable law, and provide the Service “As Is”. [MORE]
Our liability is greatly limited. [MORE]
18. Resolution of Disputes
You agree to arbitrate most disputes and waive jury trial and class actions. [MORE]
19. Limitation of Time Period to Commence Any Dispute
You agree to bring any types of claims within six (6) months. [MORE]
20. Updates to the Terms of Service
This Agreement and Additional Terms posted on the Service at each time of use apply to that use, and this Agreement may be prospectively updated as our Service evolves. Posting of a new Agreement on the Service is notice to You thereof. [MORE]
21. Miscellaneous
You agree to various other terms and conditions, which you should read here. [MORE]
22. Terms Applicable For Apple iOS and Microsoft Windows
There are some other things You should know if You are accessing or using our mobile applications through an Apple or Windows Phone Device. [MORE]
Full Details of Terms of Service
1. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE AND RIGHTS OF OTHERS:
A. Content. The Service contains a variety of: (i) materials and other items relating to Spark Networks, and its products and services, and similar items from Our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Spark Networks (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Spark Networks, Our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Spark Networks or Our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Spark Networks owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
C. Limited License. Subject to Your strict compliance with these this Agreement (including payment of a subscription fee pursuant to Section 4 below) and any Additional Terms, Spark Networks grants You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for Your personal, non-commercial use only. The foregoing limited license: (i) does not give You any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Spark Networks’ sole discretion, and without advance notice or liability. In some instances, We may permit You to have greater access to and use of Content, subject to certain Additional Terms.
D. Rights of Others. When using the Service, You must respect the intellectual property and other rights of Spark Networks and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in Your personal liability, including potential criminal liability. If You believe that Your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 16 below.
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2. ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least eighteen (18) years old. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. By using the Service, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender with any government entity. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
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3. REGISTRATION AND SUBSCRIPTION: Although You may register as a Member of the Service for free, if You wish to use the Service to initiate most communication with other Members and use certain other elements of the Service, You must become a subscriber and pay the fees that are set out on the applicable Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form, which shall include any updates You make thereafter (“Registration Data”), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We may terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees. Although We aim to verify the accuracy of the information provided by Our Members, We do not verify information in profiles, and We have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of Our Members.
If You register for any feature that requires a password and/or username, and you are not using your Facebook login information, then You will select Your own password at the time of registration (or We may send You an e-mail notification with a randomly generated initial password) and You agree that with respect to your login information: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in Our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about Yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under Your account, password, and username – whether or not You authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of Your password and for restricting access to Your Device so that others may not access any password protected portion of the Service using Your name, username, or password; (v) You will immediately notify us of any unauthorized use of Your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign Your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with any of the foregoing obligations. If any information that You provide, or if We have reasonable grounds to suspect that any information that You provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then We may either make the necessary edits, suspend, or terminate Your account. We also reserve the more general and broad right to terminate Your account or suspend or otherwise deny You access to it or its benefits – all in Our sole discretion, for any reason, and without advance notice or liability.
A. Unique and Bona Fide Profile. As a Member of the Service, you will create only one unique profile. In addition, your use of the Service must be for a bona fide relationship-seeking purpose in order to maintain the integrity of the Service. Not all Members are available for matching.
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4. TERMS APPLICABLE TO SUBSCRIPTION PURCHASES
A. Generally. To purchase access and use of the Service and become a subscriber, You must be at least eighteen (18) years of age or the applicable age of majority in Your jurisdiction of residence. Prior to the purchase of any services or products, You must provide us with either Your Paypal information, Apple in App Payments (IAP) information, or a valid credit card number and associated payment information including all of the following: (i) Your name as it appears on the card, (ii) Your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge Your card or otherwise use a valid gift card. By submitting that information to us or Our third party credit card processor, You agree that You authorize us and/or our processor to charge Your card at Our convenience but within thirty (30) days of credit card authorization. For any product or service that You order on the Service, You agree to pay the price applicable (including any sales taxes and surcharges) as of the time You submit the order. Spark Networks will automatically bill Your credit card or other form of payment submitted as part of the order process for such price.
B. Subscription Term & Termination. Except in the event of a free trial offer (See Section 4(C) for further detail), Your subscription will commence as of the date Your payment for a subscription is received by Spark Networks. Your subscription will continue in full force for the length of the term You specifically purchased until such time as the Member cancels the subscription as further explained below (the “Subscription Term”). Spark Networks will have the right, upon written or email notice to Member, to terminate this Agreement, and suspend a Member’s access to their subscription, if: (a) Member fails to pay Spark Networks any amount due to Spark Networks under this Agreement; and/or (b) the Member materially breaches any term or condition of this Agreement. Spark Networks shall have the right to terminate this Agreement and suspend a Member’s access to their Membership or subscription with or without cause immediately, upon sending written or email notice to user in which case user will no longer be charged for access to the subscription (. Upon the expiration or termination of this Agreement for any reason, Member’s access to, and use of, their subscription will terminate.
C. Free Trials/Promotional Offerings. We may offer promotional trial subscriptions to access the Service for free for a limited time or at special discounted prices. If You sign up for a trial use, Your rights to use the Service are limited by the terms of such trial and will terminate or renew on the terms of Your trial arrangement and/or any applicable Additional Terms. Please be aware that when You sign up for a free trial, You may be required to provide Your credit card number and Spark Networks will confirm Your credit card is valid. When We process Your credit card, some credit card companies may place a temporary hold on Your account for Your first payment. Please contact Your credit card company if You have questions. Please note that We do not provide price protection or refunds in the event of a price drop or promotional offering.
D. Auto-Renewal of Member Subscription. In order to provide continuous service, your subscription to the Service will automatically renew at the end of Your Subscription Term continuously without action by You, and the Member subscription fee is charged to You at the time of renewal. We will always communicate the renewal periods to You on the page you enter your payment information on, before you finalize the purchase of your subscription, and upon confirmation of purchase. A subscriber whose subscription fee has been paid is entitled to all privileges included in the subscription until the subscription is cancelled by the subscriber as set forth in the paragraph below. By providing Your payment method information for Your subscription, You are agreeing to pay a subscription fee, and any applicable taxes and service fees (collectively, “Fees”), that will automatically renew, at the then current rate, unless You cancel prior to the expiration of the current Subscription Term. The Fees will be charged to Your original payment method automatically at the beginning of Your Subscription Term, and at the beginning of each renewal Subscription Term thereafter on the calendar day corresponding to the commencement of Your current Subscription Term, unless You cancel Your subscription or Your account is suspended or terminated pursuant to this Agreement. The renewal Subscription Term will be the same length as Your initial Subscription Term unless otherwise disclosed to You at the time of sale. The rate for the renewal Subscription Term will be the then current subscription-rate. The Fees charged to Your payment method may vary from Subscription Term to Subscription Term due to changes in Your subscription plan or applicable taxes, and You authorize Spark Networks to charge Your payment method for these amounts. Spark Networks reserves the right to change the pricing of subscription at any time. In the event of a price change, Spark Networks will post the new pricing on the Service and notify You in advance by sending an email to the address You have registered for Your account. You agree that we may change the pricing we charge You for Your subscription and any services/products offered in Your subscription package by providing You with notice through an electronic communication from us and You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. If You do not wish to accept a price or subscription package change made by us, You may cancel Your subscription as described below, otherwise You will be deemed to have consented to the price/subscription package change and authorize Spark Networks to charge the new Fees to Your payment method. If there are any discrepancies in billing, You hereby waive Your right to dispute such discrepancies if You do not notify Spark Networks within sixty (60) days after they first appear on an account statement.
E.Cancellation of Subscription. A subscriber will have the right to cancel a Subscription Term at any time upon notice to Spark Networks (See Section 5 for terms on cancelling a Membership). If You wish to cancel You may cancel by clicking on the Contact Us link at the bottom of the Website and filling out the Contact Form notifying Us of Your intent to cancel. Cancelling a subscription does not automatically cancel your Membership (See Section 5(b) for cancelling Your Membership). Cancellation of Your Subscription Term any time after purchase will result in forfeiture of the subscription fee (In the event that a Member cancels a subscription in the middle of their Subscription Term, the Member will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. To avoid forfeiture of the subscription renewal fee, the subscription should be cancelled prior to the end of the then current Subscription Term. Upon cancellation of the Subscription Term, and where the Subscription Term has not ended upon cancellation and the subscriber has not removed his/her account, the subscriber will remain a subscriber and have the same subscription access he/she had prior to cancellation. However, once the Subscription Term has ended the subscriber loses access to the areas of the Service designated for subscribers only and then only has access to the areas of the Service accessible to non-paying Members. This loss of access could include any credit and other data and analyses that have been displayed during Your subscription. To the extent that You continue to get charged after cancellation of Your subscription due to Spark Networks error or otherwise, You agree that Your sole remedy will be to receive a refund from Spark Networks for the overcharged amounts.
(1) Supplemental state specific provisions are also added to this Agreement that apply to subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, and can be located under the Supplemental State Specific Terms
F. Methods of Payment, Credit Card Terms and Taxes. All payments must be made via Visa, MasterCard, American Express, JCB, Discover, PayPal, and Apple inApp Payments, which payment methods may be revised from time to time. We currently do not accept cash, personal or business checks or any other payment form, although in the future We may change this policy. Your card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. You represent and warrant that You will not use any credit card or other form of payment unless You have all necessary legal authorization to do so. YOU, AND NOT SPARK NETWORKS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Spark Networks of any discrepancies within sixty (60) days after they first appear on Your credit card statement, You agree that they will be deemed accepted by You for all purposes. If Spark Networks does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by Spark Networks or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. Spark Networks shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with Our order policy in effect at the time of purchase.
G. Refund Policy. All purchase transactions made through the Service are subject to Spark Networks’ refund policy. Spark Networks’ in its sole and absolute discretion shall issue refunds where necessary and on a case-by-case basis. Notwithstanding the foregoing, if You made Your purchase transaction through Apple inApp Payments, than any refund shall be handled through Apple and not through Spark Networks, but shall still be subject to Spark Networks’ refund policy.
H. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to provide Services or sell. Spark Networks reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Spark Networks further reserves the right any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by Spark Networks upon our delivery of services or products that You have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, Except in the cases of a breach of this Agreement or a termination for cause, You agree that, if we cancel all or a portion of Your order or if We provide You less than the quantity You ordered, Your sole and exclusive remedy is either that: (a) We will issue a credit to Your credit card account in the amount charged for the cancelled portion or the quantity not provided, or a pro-rated refund of the amount (if Your credit card has already been charged for the order); or (b) We will not charge Your credit card for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order You have placed with Spark Networks has been effected until You receive a confirmation from Spark Networks via email or the Service. As stated above, You will be responsible for, and Your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed before Your cancellation/change request or a request to terminate Your account was received.
I. No Responsibility to Sell Mispriced Services or Products. We do Our best to describe every service, item, or product offered on this Service as accurately as possible. However, We are human, and therefore We do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Spark Networks shall have the right to refuse or cancel any orders in its sole discretion. If We charged Your credit card or other account prior to cancellation, We will issue a credit to Your account in the amount of the charge. Additional terms may apply.
J. Modifications to Prices or Billing Terms. The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. SPARK NETWORKS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
K. Apple in App Payment. Apple in App Payments shall be governed by the Terms and Conditions of Purchase. All questions, concerns, or requests involving the Apple in App Payment shall be directed to Apple and not to Spark Networks terms and conditions of purchase
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5. TERM AND TERMINATION OF MEMBERSHIP: This Agreement will remain in full force and effect while You use the Websites or the Service and/or are a Member, and after You have ended use of the Websites or the Service and/or ceased to be a Member, including without limitation the “Resolution of Disputes” section below (For Term and Termination of Subscription See Section 4(B).
A. Termination by Spark Networks of Your Membership. Spark Networks reserves the right to immediately suspend, deactivate, or terminate Your access to any of the Services, and may block or prevent your Membership access to and use of the Services at any time in its sole discretion, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your Membership access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, or third party complaints, we reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
B. Termination by You of Your Membership. In addition to the right to cancel your subscription pursuant to Section 4(E) above, You may terminate Your membership and remove your profile at any time via the Websites or by accessing the “settings” page of your account, or sending Us written or email notice of termination. To learn how to terminate Your membership, visit the Help section of the Websites. You may terminate Your membership by removing Your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to Spark Networks. Again, even after membership is terminated, this Agreement will remain in effect.
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6. CONTENT YOU SUBMIT AND COMMUNITY USAGE RULES:
A. User-Generated Content.
(i) General. Spark Networks may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, data, dating profiles, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Spark Networks may allow You to do this through forums, rooms, workspaces, email, and other communications functionality. Subject to the license You grant in this Agreement, You retain whatever legally cognizable right, title, and interest that You have in Your User-Generated Content and You remain ultimately responsible for it.
(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted Privacy Policy or any Additional Terms, You agree that: (a) Your User-Generated Content will be treated as non-confidential – regardless of whether You mark them “confidential,” “proprietary,” or the like – and will not be returned; and (b) Spark Networks does not assume any obligation of any kind to You or any third party with respect to Your User-Generated Content. Upon Spark Networks’ request, You will furnish us with any documentation necessary to substantiate the rights to such content and to verify Your compliance with this Agreement or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that You are aware that submissions of User-Generated Content may not be secure, and You will consider this before submitting any User-Generated Content and do so at Your own risk. In Your communications with Spark Networks, please keep in mind that We do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials You post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, Spark Networks retains all of the rights held by Members of the general public with regard to Your Unsolicited Ideas and Materials. Spark Networks’ receipt of Your Unsolicited Ideas and Materials is not an admission by Spark Networks of their novelty, priority, or originality, and it does not impair Spark Networks’ right to contest existing or future intellectual property rights relating to Your Unsolicited Ideas and Materials.
(iii) License to Spark Networks of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms, You grant to Spark Networks the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of Your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and You consent thereto and represent and warrant You have all necessary authority to do so. In order to further effect the rights and license that You grant to Spark Networks to Your User-Generated Content, You also hereby grant to Spark Networks, and agree to grant to Spark Networks, the unconditional, perpetual, irrevocable right to use and exploit Your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to You. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that You will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(A)(iii).
(iv) Exclusive Right to Manage Our Service. Spark Networks may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of Your User-Generated Content, and Spark Networks may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to You or any third party in connection with Our operation of User-Generated Content venues in an appropriate manner. Without limitation, We may do so to address content that comes to Our attention that We believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or this Agreement or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 6(B)). Such User-Generated Content submitted by You or others need not be maintained on the Service by us for any period of time and You will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
(v) Representations and Warranties Related to Your User-Generated Content. Each time You submit any User-Generated Content, You represent and warrant that You are at least the age of majority in the jurisdiction in which You reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content You submit, and that, as to that User-Generated Content: (a) You are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or You have a lawful right to submit the User-Generated Content and grant Spark Networks the rights to it that You are granting by this Agreement and any Additional Terms, all without any Spark Networks obligation to obtain consent of any third party and without creating any obligation or liability of Spark Networks; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Spark Networks’ permitted uses and exploitation set forth in this Agreement, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate this Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.
(vi) Enforcement. Spark Networks has no obligation to monitor or enforce Your intellectual property rights to Your User-Generated Content, but You grant us the right to protect and enforce Our rights to Your User-Generated Content, including by bringing and controlling actions in Your name and on Your behalf (at Spark Networks’ cost and expense, to which You hereby consent and irrevocably appoint Spark Networks as Your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B.Community Usage Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help You understand the conduct that is expected of Members of the Service’s online forums and work spaces (each a “Community” and collective the “Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Agreement, including these Rules
- Your User-Generated Content. All of Your User-Generated Content either must be original with You or You must have all necessary rights in it from third parties in order to permit You to comply with this Agreement and any Additional Terms. Your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-Generated Content that belongs to other people and pass it off as Your own; this includes any content that You might have found elsewhere on the Internet. If anyone contributes to Your User-Generated Content or has any rights to Your User-Generated Content, or if anyone appears or is referred to in the User-Generated Content, then You must also have their permission to submit such User-Generated Content to Spark Networks (for example, if someone has taken a picture of You and Your friend, and You submit that photo to Spark Networks as Your User-Generated Content, then You must obtain Your friend’s and the photographer’s permission to do so.).
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If You choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of You or of You and someone You know – and only if You have their express permission to submit it.
- Act Appropriately. All of Your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so We can continue to build Communities for everyone to enjoy. If You think Your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that You believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents Your identity or affiliation with a person or company.
- Others Can See. We hope that You will use the Communities to exchange information and content and have venue appropriate discussions about job search-related issues with other Members. However, please remember that the Communities are public or semi-public and User-Generated Content that You submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
- Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Spark Networks.
- Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
- Don’t Promote Illegal Drugs Or Products. Your User-Generated Content must not promote the use or sale of illegal, prescription, or recreational drugs or related products.
If You submit User-Generated Content that Spark Networks reasonably believes violates these Rules, then We may take any legally available action that We deem appropriate, in Our sole discretion. However, We are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Service.
(ii) Your Interactions With Other Users; Disputes. You are solely responsible for Your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between You and other users. Exercise common sense and Your best judgment in Your interactions with others (e.g., when You submit any personal or other information) and in all of Your other online activities.
C. Alerting Us of Violations. If You discover any content that violates this Agreement, then You may report it to us here [Note: Link to contact tool or insert an email address]. For alleged infringements of intellectual property rights, see Section 14 below.
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7. YOUR USE OF THE SERVICE: As a Member, You agree that:
(A) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL’s or email addresses, other than in response to Our prompts in the personal or general information sections of the Websites. You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other Members. To protect Our Members against such conduct, depending on the Website, We currently limit the number of messages that any Member may send in a day. We reserve the right to change this number, at Our sole discretion, at any time. You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other Members.
(B) You are solely responsible for the content or information You publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone, at Our sole discretion.
(C) By becoming a Member, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, “Your Match” emails, emails informing You about events and parties We organize, emails informing You of changes to the Service and emails informing You of promotions that either We provide or that are being provided by third parties. If You choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about You, then their use of Your information is governed by their privacy policies. Message notification emails such as “Your Match” emails, emails informing You about events and parties We organize and emails informing You of changes to the Service are provided by Us as part of the operation of the Service and You will receive these messages to the extent that you opt in to receiving these messages, for as long as You are Our Member. Should You not wish to receive any of Our email communications, you may control most of the email communications you receive by changing your email settings. You may also opt-out of receiving Email communications sent from Us or through Us offering You third party goods or services. To learn how to do so, visit the Help section of the Websites.
(D) Our customer service employees are here to make Your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.
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8. SERVICE AND CONTENT USE RESTRICTIONS:
We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
A. Service Use Restrictions. You agree that You will not: (i) engage in activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities, or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Spark Networks;; (ii) use the Service for any political or commercial purposes (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (iii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vi) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (vii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means (viii) express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent; or (ix) otherwise violate this Agreement or any applicable Additional Terms.
B. Content Use Restrictions. You also agree that in using the Service: (i) You will not interfere with or disrupt any Service or any Website, servers or networks connected to any Service or Website;(ii) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;(iii) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (iv) You will not use meta tags or code or other devices containing any reference to Us or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose;(v) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so; (vi) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
C. Content Removal. We reserve the right, but have no obligation to monitor the information or material you submit to the Service or post in the public areas of the Service. We have the right to remove any such information or material that in Our sole opinion violates, or may violate, any applicable law or either the letter or spirit of the Agreement or upon the request of any third party. We further reserve the right to remove matches previously delivered to You, in our reasonable discretion, in order to assure that you have a quality experience with our Service.
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9. LINKED-TO WEBSITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES:
A. Third-Party Services; Advertisements. The Service may contain links to third-party sites that are not owned, controlled or operated by Spark Networks, and the Service may also include links to third-party ads, tools, plug-ins and/or other content on the Service that link third-party sites (collectively, “Third-Party Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Spark Networks. This may include the ability to register or sign in to Our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on Our Services. We may also host Our content, apps and tools on Third-Party Services. Spark Networks may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and Spark Networks does not assume any obligation to review any Third-Party Services. Spark Networks does not endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Spark Networks is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Spark Networks will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Services. Any activities You engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. SPARK NETWORKS DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that You have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between You and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Spark Networks disclaims all liability in connection therewith.
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A. Mobile Features. The Service may offer certain features and services that are available to You via Your mobile Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and get notifications from the Service through push notifications (the “Push Notifications ”), as well as download applications to Your mobile Device (the “Mobile App”) (collectively, “Mobile Features”). Standard messaging, data, and other fees may be charged by Your carrier to participate in Mobile Features, for which You are responsible. Fees and charges may appear on Your mobile bill or be deducted from Your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with Your carrier or Device. You should check with Your carrier to find out what plans are available and how much they cost. Contact Your carrier with questions regarding these issues. Account information and features may be limited when using the Mobile Features.
B. Terms of Mobile Features. You agree that some of the Mobile Features for which You are registered may send communications via such features or apps to Your Device regarding us or other parties. Further, We may collect information related to Your use of the Mobile Features. To stop using Mobile Features, You may need to update Your Account settings and/or delete the Mobile App from Your Device. By opting into any Mobile Features You represent that You are the owner of the Device and that You are at least eighteen years old. To contact us, You may send an email to Contact Us.
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11. YOUR INDEMNITY TO US: You agree to, and You hereby, defend, indemnify, and hold Spark Networks, its parent company and subsidiaries, and each of their respective employees, officers, directors, Members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Spark Networks Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Spark Networks Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) Your Registration Data posted or otherwise provided on the Service; (ii) Your User-Generated Content; (iii) Your use of the Service and Your activities in connection with the Service, including Your communications and meetings with Members You meet through the Service; (iv) Your breach or alleged breach of this Agreement or any Additional Terms; (v) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with Your use of the Service or Your activities in connection with the Service; (vi) information or material transmitted through Your Device, even if not submitted by You, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vii) any misrepresentation made by You; and (viii) Spark Networks Parties’ use of the information that You submit to us (including Your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Spark Networks Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Spark Networks Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Spark Networks Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Spark Networks Party.
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12. RELEASE: If You have a dispute with one or more of Our Members, You release the Spark Networks Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
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13. ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
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14. NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT:
A. DMCA Notice. Spark Networks asks Our users to respect the intellectual property rights of others. It is Our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Spark Networks’ sole discretion, Spark may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the Digital Millennium Copyright Act (“DMCA”), and other applicable law, Spark Networks has adopted a policy of terminating, in appropriate circumstances and at Spark Networks’ sole discretion, users who are deemed to be repeat infringers. If We remove or disable access in response to a DMCA Notice, We will make a good faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter-notification. If You own a copyright in a work (or represent such copyright owner) and believe that any content on the Service constitute work that is owned by You or a third party, and is displayed on the Service without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- A legend or subject line that says “DMCA Copyright Infringement Notice”;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that You claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- a description of where the material that You claim is infringing is located on this Web Sites that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);
- Your full name, address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Spark Networks Copyright Agent
Spark Networks USA, LLC
11150 Santa Monica Blvd. Suite 600
Los Angeles, CA 90025
By email: copyright@spark.net
It is often difficult to determine if Your copyright has been infringed. Spark Networks may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Spark Networks may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that You provide in Your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Spark Networks’ other rights, Spark Networks may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Spark Networks.
B. Counter-Notification. If access on the Service to a work that You submitted to Spark Networks is disabled or the work is removed as a result of a DMCA Notice, and if You believe that the disabled access or removal is the result of mistake or misidentification, then You may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) Your full name, address, telephone number, e-mail address, and the username of Your account;
(v) a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that You will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) Your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If We receive a DMCA Counter-Notification, then We may replace the material that We removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, We will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that We may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
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15. PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers and/or servers. You consent to the use this information to create a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our Privacy Statement and the terms and conditions thereof. If You are located outside of the United States, please note that the information that You provide is being sent to the United States. By becoming a Member of the Service, You consent to Your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.
16. DISCLAIMERS: WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each Member must agree to Our terms and conditions, We cannot guarantee that each Member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
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17. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT CONDUCT BACKGROUND CHECKS ON MEMBERS REGISTERING FOR THE SERVICE IN ANY WAY. ANY ATTEMPT BY SPARK NETWORKS TO SCREEN MEMBERS IS NOT A GUARANTEE OF SAFETY ON THE WEBSITE. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE WEBSITE AND WHEN MEETING OTHER MEMBERS IN PERSON. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING, BY NOT LIMITED TO, PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE. COMPLAINTS: To resolve a complaint regarding the Service, You should first contact Our customer service department by clicking: Contact Us or by calling 1-877-453-3861.
You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
(a) Arbitration of Any And All Disputes (Other Than Certain Intellectual Property Disputes As Defined Below, And Claims That May Be Adjudicated In Small Claims Court).
This provision shall apply to the resolution of any dispute arising out of or in any way related to the Websites, the Service, this Agreement, any amendments or addenda thereto, and the subject matter hereof, including without limitation any contract, tort, statutory or equity claims between You and Us or Our officers, directors, employees, agents, subsidiaries, or joint ventures (the “Dispute”); provided, however, that any claims specifically described in subparagraph (b) below will not be included in the definition of Dispute. You may also assert claims in small claims court if Your claims qualify. In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means. If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.
Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. Any Dispute shall be subject only to binding arbitration. The parties expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court. In the event of any Dispute, both parties agree that the arbitration provision in this Agreement will be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the maximum extent permitted by applicable law.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive, or declaratory relief in an appropriate court of law. This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.
The parties expressly agree that any Dispute is personal to them, and any Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither party agrees that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. If Your agreement to waive any right to a jury trial or to participate in a class action is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither You nor We will be entitled to arbitrate Our dispute.
The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that You and We mutually agree upon. If, after making a reasonable effort, You and We are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by You and Us or appointed by a court, subject to the following modifications:
- The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge and will have at least five (5) years of legal experience in the resolution of commercial disputes.
- As limited by the FAA, the terms of this Agreement, and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute. This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
- The parties may take discovery through interrogatories, depositions and requests for production that the arbitrator determines to be necessary and appropriate.
- The prevailing party in any of the following matters (without regard to the Limitation of Liability provisions) shall be entitled to recover its reasonable attorneys’ fees and costs incurred in any of the following circumstances: (i) a motion which any party is required to make in any court to compel arbitration of a Dispute; (ii) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or (iii) any action to enforce the confidentiality provisions stated herein
- We will pay the amount of any arbitration costs and fees charged by the AAA for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. In no event will We pay for Your attorneys’ fees unless required by law.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to: Spark Networks USA, LLC 11150 Santa Monica Blvd., Suite 600, Los Angeles, CA 90025 Attn: Legal Department. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where You live or at another mutually agreed location. The AAA Commercial Rules and Consumer Procedures, the forms You may need to begin the arbitration proceeding, and other information about the AAA, are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.
(b) This Agreement does not require You or Us to submit to arbitration any Dispute involving Our intellectual property rights in and to the Websites or the Service, including, without limitation: (1) claims of infringement or misappropriation of any United States or foreign copyright, patent, trade secret, trademark, service mark or trade dress, (2) claims alleging violations of Title 17 of the United States Code, Sections 1201 and/or 1202, or of any similar foreign law, or (3) in any matter that involves any of the foregoing claims, for resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and/or 1202.
(c) With the exception of the provision above that the enforceability of this section on “Resolution of Disputes” is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, this Agreement otherwise will be construed and enforced in accordance with the laws of the State of California applicable to contracts entered into and performed in California to the maximum extent permitted by law (and without giving effect to California’s conflict of law principles). This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
(d) You and We acknowledge and agree that any violation of this “Resolution of Disputes” section of this Agreement may cause the parties irreparable harm, and therefore You and We agree that the parties will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the parties may have for a breach of the “Resolution of Disputes” section of this Agreement.
(e) With the exception of Your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this RESOLUTION OF DISPUTES section is held to be illegal, invalid or unenforceable, such provision shall be fully severable, the RESOLUTION OF DISPUTES section shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of the RESOLUTION OF DISPUTES section a legal, valid and enforceable provision as similar as possible to the former provision.
19. LIMITATION OF TIME PERIOD TO COMMENCE ANY DISPUTE: Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Websites, the Service, or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control. The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.
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20. UPDATES TO THE TERMS OF SERVICE: This Agreement (or if applicable Additional Terms), in the form posted at the time of Your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, You should review the posted Terms of Service and any applicable Additional Terms each time You use the Service (at least prior to each transaction or submission). The applicable Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to You. However, the Terms of Service (and any applicable Additional Terms) that applied when You previously used the Service will continue to apply to such prior use and any specific term to which We previously committed to apply those Terms of Service (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to You of new, revised or applicable Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, and the e-mail You associated with Your Account for notices, all of which You agree are reasonable manners of providing You notice. You can reject any new, revised or applicable Additional Terms by discontinuing use of the Service and related services.
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A. CALIFORNIA CONSUMER RIGHTS. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
B. CONNECTIVITY. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for Your access to and use of the Service and You will be responsible for all charges related to them.
C. ENTIRE AGREEMENT AND WAIVER. This Agreement, any Additional Terms and Our Privacy Policy, and any subsequent written revisions, comprise the entire agreement between You and Us regarding the use of the Websites and the Service, superseding any prior oral or written agreements or communications between You and Us related to the use of the Websites or Service (including, but not limited to, any prior versions of this Agreement). No usage of trade or other regular practice or method of dealing between You and Us will be used to modify, interpret, supplement or alter in any manner any express terms of this Agreement. No waiver of any provision of this Agreement or any rights or obligations under this Agreement will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.
D. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
E. OPERATION OF SERVICE; AVAILABILITY OF SERVICES; INTERNATIONAL ISSUES. Operation of Service; Availability of Products and Services; International Issues. The Service is operated in the United States, and is primarily intended for users located in the U.S, Canada, United Kingdom, and France. Spark Networks makes no representation that the Service is appropriate or available for use beyond the U.S, Canada, the United Kingdom, and France. If You use the Service from other locations not listed herein, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.
F. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, CODE, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SPARK NETWORKS (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF SPARK NETWORKS.
G. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT. Spark Networks reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this Agreement and any Additional Terms, (iii) investigate any information obtained by Spark Networks in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this Agreement and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to You or any third party. Any suspension or termination will not affect Your obligations to Spark Networks under this Agreement or any Additional Terms. Upon suspension or termination of Your access to the Service, or upon notice from Spark Networks, all rights granted to You under this Agreement or any Additional Terms will cease immediately, and You agree that You will immediately discontinue use of the Service. The provisions of this Agreement and any Additional Terms (including the terms applicable to User-Generated Content), which by their nature should survive Your suspension or termination will survive, including the rights and licenses You grant to Spark Networks in this Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Spark Networks’ via electronic email at lawenforcement@spark.net.
H. ASSIGNMENT. Spark Networks may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Terms may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of an officer of Spark Networks.
I. LINKS BY YOU TO THE SERVICE. We grant You a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on Your website do not suggest any affiliation with Spark Networks or cause any other confusion, and (c) the links and the content on Your website do not portray Spark Networks or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Spark Networks. Spark Networks reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to You or any third party.
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22. TERMS APPLICABLE FOR APPLE iOS:
If You are accessing or using the Service through an Apple Device, the following applicable Additional Terms and conditions are applicable to You and are incorporated into this Agreement by this reference:
(i) To the extent that You are accessing the Service through an Apple Device, You acknowledge that this Agreement are entered into between You and Spark Networks and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated below.
(ii) The license granted to You in Section 22 of this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that Spark Networks, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the Service.
(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, You acknowledge that, solely as between Apple and Spark Networks, Spark Networks, and not Apple is responsible for addressing any claims You may have relating to the Service, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, You agree that if the Service, or Your possession and use of the Service, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
(ix) When using the Service, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
Return to Linkable Table of Contents
Date of Last Revision to Terms of Service: [Insert Date]
Cookie Policy
We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files placed on Your device that assist us in providing customized services. We offer certain features that are only available through the use of a “cookie.” These cookies are essential in order to enable You to move around the website and use its features.
In addition, we place cookies that collect information about how You use our website. These cookies aggregate anonymous information regarding how visitors use our site so that we can improve how our website works. For example, it will let us know which pages visitors go to the most or if our visitors are seeing an error page on our site. We also place cookies to remember the choices You make on our site so that we can provide You with a more enhanced and personalized experience.
Cookies can also help us provide information which is targeted to Your interests. We use this information to determine our Members’ demographics, interests, and behavior to better understand and serve You and our community. This information may include the URL of the website that You visited prior to our Website (whether this is on our site or not), the URL of the website You next go to (whether this URL is on our site or not), what browser You are using, and Your Internet Protocol (“IP”) address.
Most of our cookies are “session cookies”, meaning that they are automatically deleted from Your device at the end of a session. However, some cookies are persistent. This means that those cookies are stored on Your device in between Your sessions so that we can remember Your preferences and choices.
You are always free to decline our cookies if Your browser permits. To do this look in the Tools or Preference menu option for Your browser. You can also look at the Help menu to learn more information about Your specific browser and how it manages cookies. Disabling cookies will restrict Your use of our site and affect the way in which it operates.
We use third parties to serve advertisements on our behalf across the Internet and use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Websites and viewing and serving of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your visits to the Websites. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Websites’ third party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services themselves set and access their own cookies (including Flash cookies), web beacons, and other Tracking Technologies on your Device and track certain Usage Information regarding users of your Device via a Device Identifier. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
There may also be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies, if any.
This collection and ad targeting takes place both on our and on third-party websites that participate in the ad network, such as websites that feature advertisements delivered by the ad network. This process also helps us track the effectiveness of our marketing efforts. Some of the third party advertisers that we use have their own privacy policies and may allow you to opt out of having your information collected as discussed above. The privacy policies of third party advertisers, analytics, and service providers that we may be using during your use of our services can be found at the following URL(s):
https://www.pepperjam.com/legal
https://www.google.com/intl/en/policies/privacy/
http://site.adform.com/privacy-policy/en/
https://www.appnexus.com/en/company/platform-privacy-policy
https://advertise.bingads.microsoft.com/en-us/resources/policies/microsoft-bing-ads-privacy-policy
https://www.drawbridge.com/privacy
http://dstillery.com/privacy-policy/
https://www.facebook.com/privacy/explanation
https://www.tapad.com/privacy-policy
http://www.thetradedesk.com/general/privacy-policy
https://www.turn.com/trust/privacy-guidelines
https://admin.yieldmo.com/static/docs/privacy_policy.html
https://www.google.com/policies/technologies/ads/
http://www.maropost.com/privacy-policy/
https://siftscience.com/service-privacy
http://www.besedo.com/privacy-policy/
https://www.appboy.com/legal/
https://segment.com/docs/legal/privacy/
https://stripe.com/us/privacy/
https://raygun.com/privacy
https://www.kount.com/legal/privacy-policy
http://www.zayo.com/privacy/
http://www.leverinteractive.com/privacy/
http://www.incontact.com/call-center-software-company/legal/privacy-policy
https://www.vantiv.com/privacy-policy
http://www.elitesingles.com/privacy
Notwithstanding any other provision in this policy, in visiting this site, a third-party advertiser (or its partners) may place or recognize a unique cookie on Your browser. These cookies enable more customized ads, content or services to be provided to You. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to Your email address to a Web advertising partner, who may place a cookie on Your computer. No Personal Information is on, or is connected to, these cookies. To opt-out of these cookies, please go to www.privacychoice.org/companies orwww.aboutads.info/choices.
By visiting or using the Websites, You may have access to certain third party functionalities and applications that may use tracking technologies to enhance Your experience, and provide services and content to You. One of these technologies is a Flash cookie that is embedded in the Adobe Flash Player, which is a web tool that allows rapid development of dynamic content. Adobe Flash cookies may be used in certain situations where we use Flash to provide some content such as video clips or animation and to remember settings, preferences and usage. They are similar to browser cookies (as described herein) but are managed through a different interface than the one provided by Your web browser. You may access Flash management tools from Adobe’s web site directly at www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager06.html. Please note that if You reject all or some cookies, You may not be able to take full advantage of all offerings on the Website or those that require You to “sign in.”
Date of Last Revision to Cookie Policy: [Insert Date]
Supplemental State Specific Terms
(a) Arizona: YOU, THE BUYER, MAY RESCIND (CANCEL) THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD DAY FOLLOWING THE INITIAL DATE OF THE AGREEMENT. TO CANCEL THIS AGREEMENT, YOU MUST, WITHIN THE THREE-DAY PERIOD, PERSONALLY DELIVER, OR SEND BY CERTIFIED MAIL, A SIGNED AND DATED WRITTEN NOTICE, WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE DELIVERED OR SENT TO: SPARK NETWORKS USA, LLC, ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES. Please include your username and email address in any correspondence, or your refund may be delayed.
If you cancel your initial subscription within the time period provided above, we will refund the full amount of your subscription within 30 days, and you will no longer have access to our subscriber services. If you cancel your subscription after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
(b) California: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD DAY FOLLOWING THE INITIAL DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: SPARK NETWORKS USA, LLC, ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES. Please include your username and email address in any correspondence, or your refund may be delayed.
If you cancel your initial subscription within the time period provided above, we will refund the full amount of your subscription, and you will no longer have access to our subscriber services. If you cancel after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
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 made for your subscription which is allocable to the period after your death.
In the event that you become disabled (such that your physician confirms in writing that you are physically unable to use the services of Spark Networks) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your disability. However, if your physician determines that the duration of the disability will be less than six months, we may elect to extend the term of your subscription for a period of six months at no additional charge to you in lieu of cancellation.
If you relocate your primary residence further than 50 miles from our service area and are unable to use the services of Spark Networks, you may elect to receive a refund of that portion of any payment you made for your subscription which is allocable to the period after your relocation. However, we will deduct from such refund one hundred dollars ($100) or, if more than half the term of your subscription has expired, fifty dollars ($50).
(c) Connecticut: YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
(d) Illinois: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD DAY FOLLOWING THE INITIAL DATE OF THIS AGREEMENT. TO CANCEL THIS AGREEMENT, SEND A SIGNED AND DATED NOTICE BY CERTIFIED OR REGISTERED MAIL WHICH STATES THAT YOU ARE CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT, TO: SPARK NETWORKS USA, LLC , ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES. Please include your username and email address in any correspondence, or your refund may be delayed.
If you cancel your initial subscription within the time period provided above, we will refund the full amount of your subscription within 30 days of receiving your notice of cancellation, and you will no longer have access to our subscriber services. If you cancel after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
If you relocate you primary residence further than 25 miles from our service area and are unable to use the services of Spark Networks (and if you provide us with reasonable evidence of such relocation), you may elect to receive a refund of that portion of any payment you made for your subscription which is allocable to the period after your relocation. However, we will deduct from such refund the lesser of 10% of the unused balance or fifty dollars ($50).
In the event that you die before the end of your subscription period (and if your estate provides us with reasonable evidence of that fact), your estate shall be entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your death.
(e) Iowa: YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
(f) Minnesota: IF YOU WISH TO CANCEL THIS CONTRACT, YOU MAY CANCEL BY DELIVERING 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 AGREE TO THIS CONTRACT. THE NOTICE MUST BE DELIVERED OR MAILED TO: SPARK NETWORKS USA, LLC, ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES. If you cancel, we will return, within 10 days of the date on which you give notice of cancellation, any payments you have made, and you will no longer have access to our subscriber services. Please include your username and email address in any correspondence, or your refund may be delayed.
Date of transaction: Today’s Date
If you cancel your subscription after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
(g) New York: YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
(h) North Carolina: YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS CONTRACT, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS. TO CANCEL, YOU MUST MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELLING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: SPARK NETWORKS USA, LLC, ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES. Please include your username and email address in any correspondence, or your refund may be delayed. Your notice must be sent not later than midnight of the third business day after the date of this contract.
If you cancel your initial subscription within the time period provided above, we will refund the full amount of your subscription within 30 days, and you will no longer have access to our subscriber services. If you cancel after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
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 made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that your physician confirms in writing that you are physically unable to use the services of Spark Networks) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you made for your subscription which is allocable to the period after your disability.
If you relocate your primary residence further than 30 miles from our service area and are unable to use the services of Spark Networks, or if our services are materially impaired, you may elect to receive a refund of that portion of any payment you made for your subscription which is allocable to the period after your relocation.
At the expiration of your subscription, you may request that we return you within 30 days all information of a personal or private nature that we received from you, including but not limited to answers to tests and questionnaires, photographs, evaluations, and background information. To exercise this right, you must send a written request by certified or registered United States mail to us at the address specified below.
(i) Ohio: YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
(j) Rhode Island: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOUR RECEIPT OF THIS CONTRACT. SEE THE NOTICE OF CANCELLATION FOR AN EXPLANATION OF THIS RIGHT.
(j) Wisconsin: YOU ARE PERMITTED TO CANCEL THIS INITIAL CONTRACT 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 US BY ANY WRITING MAILED OR DELIVERED TO SPARK NETWORKS USA, LLC, ATTN: CANCELLATIONS, PO BOX 540, LEHI UT 84043 UNITED STATES, WITHIN THE PREVIOUSLY DESCRIBED TIME PERIOD. Please include your username and email address in any correspondence, or your refund may be delayed. 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 cancelled by us and arrangements will be made to relieve you of any further obligation to pay the same.
If you cancel your initial subscription within the time period provided above, you will no longer have access to our subscriber services. If you cancel your subscription after the time period provided above relating to your initial subscription, you will continue to have access to our subscriber services for the remainder of your subscription period, and you will not receive a refund.
CONNECTICUT:
Notice of Cancellation – Connecticut
Date of transaction: __________
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT, BY PRINTING AND MAILING THIS SIGNED AND DATED NOTICE BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: SPARK NETWORKS LIMITED, ATTN: CANCELLATIONS, PO BOX 540 LEHI, UT 84043 UNITED STATES. IF YOU CANCEL, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. PLEASE INCLUDE YOUR USERNAME AND EMAIL ADDRESS IN ANY CORRESPONDENCE, OR YOUR REFUND MAY BE DELAYED.
I wish to cancel my subscription.
___________________________
Signature
___________________________
Printed Name
___________________________
User Name
___________________________
Email Address
IOWA:
NOTICE OF CANCELLATION – Iowa
Date of transaction: __________
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do not agree to return the goods to the seller or if the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Spark Networks Limited, Attn: Cancellations, at PO Box 540 Lehi, UT 84043 United States, not later than midnight of the third business day following the Transaction Date.
Please include your username and email address in any correspondence, or your refund may be delayed.
I wish to cancel my subscription.
___________________________
Signature
___________________________
Printed Name
___________________________
User Name
___________________________
Email Address
NEW YORK
Notice of Cancellation – New York
Date of transaction: __________
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 THE ADDRESS SPECIFIED HEREIN. 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. TO CANCEL THIS TRANSACTION, MAIL BY CERTIFIED OR REGISTERED UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE TO:
SPARK NETWORKS LIMITED, ATTN: CANCELLATIONS
PO BOX 540 LEHI, UT 84043
UNITED STATES
NOT LATER THAN THREE BUSINESS DAYS OF AFTER THE DATE OF THIS CONTRACT.
I wish to cancel my subscription.
___________________________
Signature
___________________________
Printed Name
___________________________
User Name
___________________________
Email Address
Dating Service Consumer Bill of Rights (New York)
1. No social referral service contract shall require the payment by you, the purchaser, of an amount greater than one thousand dollars. In addition, no such contract may extend over a period of time greater than two years.
2. No social referral service contract shall require you, the purchaser, to purchase a good or service which is directly or indirectly related to the social referral service. These extra services are known as ancillary services and, while these ancillary services may be offered to you, the law prohibits the seller from requiring that you purchase these services as a condition of your social referral service contract.
3. If your social referral service contract costs more than twenty-five dollars, the seller must furnish a minimum number of referrals per month to you. [In the case of our Service, if you become a Subscriber, you will have access to all of the other users available through the Service.] If this minimum amount is not furnished to you for two successive months, you have the option of canceling the contract and receiving a full refund of all the money you paid, less a cancellation fee which cannot exceed either fifteen percent of the cash price or a pro rata amount for the number of referrals furnished to you.
4. Your social referral service contract must specify the distance which you, the purchaser, are willing to travel to meet any social referral. No social referrals shall be furnished where you and the referral live at a distance greater than the distance specified in the contract.
5. The provider must have an established policy to address the situation of your moving outside the area it services. This policy must be explained in your contract. [In the case of our Service, if you relocate your primary residence further than 50 miles from our service area and are unable to use the services of Spark Networks, you may elect to receive a refund of that portion of any payment you made for your subscription which is allocable to the period after your relocation. However, we will deduct from such refund a processing fee of ten dollars ($10.00).]
6. If any provision of the social referral service contract is violated, you have the right to bring a court action against the provider which has violated the contract.
7. Every contract for social referral service shall specify the distance which the buyer is willing to travel to meet any social referral. No social referral shall be furnished by the seller to the buyer if either the buyer or the social referral reside at a distance further than the distance specified in either the buyer’s or social referral’s contracts.
8. Every social referral service provider must establish and administer a fair and reasonable policy for the situation in which a purchaser moves to permanently reside at a location outside the service area of such provider. This policy must be set forth in every contract for social referral service.
9. (a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation.
In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.
(b) Any person who has been injured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation, an action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.
(c) In cities having a population over one million, the provisions of this section may be enforced concurrently with the attorney general by the director of a local or municipal consumer affairs office. In cities having a population over one million, such local entities may also require social referral services to be licensed. Such licensing requirements may be promulgated as are reasonably necessary to effectuate licensure, provided, however, that such localities may not impose substantive requirements that are inconsistent with or more restrictive than those set forth in this section. Any fee for such license may not exceed three hundred forty dollars for a two year period.
Except as provided in our Privacy Policy, we will not 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 you directly or indirectly, including but not limited to answers to tests and questionnaires, photographs or background information.
If you so desire, you may place your subscription on hold for a period of up to one year. To exercise this right, you must send written notice of your intention to place your subscription on hold by certified or registered United States mail to us at the address specified below.
At the expiration of your subscription, you may request that we return you by certified mail all information and material of a personal or private nature that we received from you, including but not limited to answers to tests and questionnaires, photographs or background information. To exercise this right, you must send written notice of your intention to place your subscription on hold by certified or registered United States mail to us at the address specified below.
OHIO:
Notice of Cancellation – Ohio
Date of transaction: __________
You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.
To cancel this contract you must deliver in person, manually, or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send a telegram, to Spark Networks Limited, Attn: Cancellations, PO Box 540 Lehi, UT 84043 United States, not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.
I wish to cancel my subscription.
___________________________
Signature
___________________________
Printed Name
___________________________
User Name
___________________________
Email Address
Dating Service Consumer Bill of Rights (Ohio)
1. No social referral service contract shall require the payment by you, the purchaser, of an amount greater than one thousand dollars. In addition, no such contract may extend over a period of time greater than two years.
2. No social referral service contract shall require you, the purchaser, to purchase a good or service which is directly or indirectly related to the social referral service. These extra services are known as ancillary services and, while these ancillary services may be offered to you, the law prohibits the seller from requiring that you purchase these services as a condition of your social referral service contract.
3. If your social referral service contract costs more than twenty-five dollars, the seller must furnish a minimum number of referrals per month to you. [In the case of our Service, if you become a Subscriber, you will have access to all of the other users available through the Service.] If this minimum amount is not furnished to you for two successive months, you have the option of canceling the contract and receiving a full refund of all the money you paid, less a cancellation fee which cannot exceed either fifteen percent of the cash price or a pro rata amount for the number of referrals furnished to you.
4. Your social referral service contract must specify the distance which you, the purchaser, are willing to travel to meet any social referral. No social referrals shall be furnished where you and the referral live at a distance greater than the distance specified in the contract.
5. The provider must have an established policy to address the situation of your moving outside the area it services. This policy must be explained in your contract. [In the case of our Service, if you relocate your primary residence further than 50 miles from our service area and are unable to use the services of Spark Networks, you may elect to receive a refund of that portion of any payment you made for your subscription which is allocable to the period after your relocation. However, we will deduct from such refund a processing fee of ten dollars ($10.00).]
6. If any provision of the social referral service contract is violated, you have the right to bring a court action against the provider which has violated the contract.
7. Every contract for social referral service shall specify the distance which the buyer is willing to travel to meet any social referral. No social referral shall be furnished by the seller to the buyer if either the buyer or the social referral reside at a distance further than the distance specified in either the buyer’s or social referral’s contracts.
8. Every social referral service provider must establish and administer a fair and reasonable policy for the situation in which a purchaser moves to permanently reside at a location outside the service area of such provider. This policy must be set forth in every contract for social referral service.
9. (a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation.
In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.
(b) Any person who has been injured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation, an action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.
(c) In cities having a population over one million, the provisions of this section may be enforced concurrently with the attorney general by the director of a local or municipal consumer affairs office. In cities having a population over one million, such local entities may also require social referral services to be licensed. Such licensing requirements may be promulgated as are reasonably necessary to effectuate licensure, provided, however, that such localities may not impose substantive requirements that are inconsistent with or more restrictive than those set forth in this section. Any fee for such license may not exceed three hundred forty dollars for a two year period.
Except as provided in our Privacy Policy, we will not 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 you directly or indirectly, including but not limited to answers to tests and questionnaires, photographs or background information.
If you so desire, you may place your subscription on hold for a period of up to one year. To exercise this right, you must send written notice of your intention to place your subscription on hold by certified or registered United States mail to us at the address specified below.
At the expiration of your subscription, you may request that we return you by certified mail all information and material of a personal or private nature that we received from you, including but not limited to answers to tests and questionnaires, photographs or background information. To exercise this right, you must send written notice of your intention to place your subscription on hold by certified or registered United States mail to us at the address specified below.
RHODE ISLAND:
NOTICE OF CANCELLATION – Rhode Island
Date of transaction: __________
You may cancel this contract, without any penalty or obligation, at any time prior to midnight of the third business day after your receipt of this contract by printing and mailing this signed and dated notice of cancellation by certified or registered United States mail to the seller at the address specified herein.
If you cancel, any payment made by you under the contract will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Please include your username and email address in any correspondence, or your refund may be delayed.
To cancel this transaction, mail by certified or registered United States mail a signed and dated copy of this cancellation notice to:
Spark Networks Limited, Attn: Cancellations
PO Box 540
Lehi, UT 84043
United States
I wish to cancel my subscription.
___________________________
Signature
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Printed Name
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User Name
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Email Address