This online dating service accessible via the website located at www.SpeedDate.com and related URLs and other related online applications (the "Service") is provided by SpeedDate.com, Inc. ("SpeedDate", "We" or "Us").
This agreement ("Agreement") is made between You (the user of the Service) and SpeedDate. Your use of the Service is subject to and governed by this Agreement. By using this site You do confirm to SpeedDate that You are "signing" this Agreement for all purposes under applicable law.
By using the Service You represent and warrant that You are at least 18 years old and that You have the authority and capacity to enter into this Agreement and that Your use does not violate any applicable law or regulation. Your membership in the Service is for Your personal use. You may not authorize third parties to use Your membership (including passwords and profiles) and You may not assign or otherwise transfer Your membership to any other person or entity.
If You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by SpeedDate registration forms ("Membership Data"), and to maintain and update such information to keep it accurate, current and complete. You agree that SpeedDate may rely on Your Membership Data as accurate, current and complete. You acknowledge that if Your Membership Data is untrue, inaccurate, not current or incomplete in any respect SpeedDate may terminate this Agreement and Your use of the Service, and You shall not be entitled to a refund of any unused fees or charges You have paid to SpeedDate (if any). Please note that SpeedDate does not verify information or pictures in Member profiles and SpeedDate has no control over, does not guarantee, and is not responsible for the quality, truth, accuracy, or legality of any user's Membership Data. All members are subject to United States law. A member shall not be located in a country covered by a United States embargo, including Côte-d'Ivoire, Cuba, Democratic Republic of the Congo, Iran, Republic of the Congo, Somalia, Myanmar, North Korea, Sudan, and Syria.
You may register as a Member of the Service for free, but if You wish to use certain premium features of the Service You must become a subscriber and pay the fees that are set out in the price list made available via the Service. This price list is part of this Agreement and SpeedDate may, at any time, change any fees or charges for using the Service by posting new or revised fees or charges on the price list. All fees paid and purchases made via the Service are subject to the following terms: (i) all fees and purchases are final. No refund will be given for the unused portion of Your subscription even in the event that a Member chooses to suspend or cancel his or her membership or SpeedDate terminates Your membership due to a violation of this Agreement; and (ii) by purchasing a periodic (e.g., monthly) subscription service, unless You contact SpeedDate to cancel prior to the expiration of the current terms, You authorize SpeedDate to renew such subscription automatically at the end of every period and charge the credit card or debit card on file at the renewal rate in effect at the time to such service until such time as You instruct SpeedDate through its cancellation policy that You wish to modify Your account or cancel. SpeedDate reserves the right to bill You in smaller increments if billing upfront fails. For example, if an annual billing fails, SpeedDate may convert Your subscription to a monthly term with auto-renewal of the same term.
The Term of the subscription is the length of time that You have selected, which term will be automatically renewed unless You modify Your account or cancel. If You cancel Your subscription, You are NOT eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If You have pre-paid for a certain period of services (for example if You paid a lump sum for 6 months of service), You are NOT eligible for a prorated refund of any portion of the pre-paid amount UPON cancellation.
You may terminate Your membership at any time by sending an email to firstname.lastname@example.org or by logging into Your Premium Account and modifying the Account Status within Your Profile's Account Settings.
You represent and warrant that the information posted in Your profile or that You post on other portions of the Service that are made available to other users or to the public, including Your photograph, is posted by You and that You own or have all rights necessary to post such information. By posting such information and photographs, You grant SpeedDate and its subsidiaries, licensees, and affiliates a non-exclusive, perpetual, irrevocable license to use, reproduce, publicly display, publicly perform, distribute, create derivative works of, incorporate into other works, sublicense and otherwise make available the information and content You submit for Your profile or to other portions of the Service that are made available to other users or to the public, including any photographs for purposes of publicizing SpeedDate or for any other lawful purpose.
Your profile and information may be used in printed publications, multimedia presentations, on websites or in any other distribution media without any right to inspect or approve finished product. You agree that You will make no monetary or other claim against SpeedDate for the use of Your information and photograph. You waive any and all moral rights and any similar rights with respect to such information and content in any jurisdiction in the world. Other members may post copyrighted information and You agree that You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such information posted by other members in violation of such members' proprietary rights. You agree to hold SpeedDate harmless and release SpeedDate from all claims, demands and causes of action which You Your heirs, representatives, executors, administrators or any other persons acting on the Your behalf or on behalf of Your estate have or may have by reason of this authorization.
You will use the Service in a manner consistent with applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URLs or email addresses other than in response to information SpeedDate requests in the information-gathering sections of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services. You will not transmit any chain letters, junk email, or similar items to other members. You are solely responsible for Your interactions with other members. SpeedDate does not conduct background checks on the members or subscribers to the Service. SpeedDate reserves the right, but have no obligation, to monitor disputes between You and other members as well as all other activity involving You and/or other members that takes place on the Service.
You are solely responsible for the content and information You publish or display ("post") on the Service or transmit to other members via the Service. You will not post on the Service, or transmit to other members or to SpeedDate or Our employees, any defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually suggestive, threatening, harassing, racially discriminatory, or illegal material, or any material that infringes or violates another party's rights (including intellectual property rights and rights of privacy and publicity). You will not post any photos containing nudity, profanity, or personal information. SpeedDate reserves the right, but have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and to otherwise remove content from the Service in Our sole discretion.
SpeedDate shall have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted on the Service. You acknowledge that features, parameters or services SpeedDate provide as part of the Service may change or be discontinued at any time without notice to You. SpeedDate reserves the right to sign out, terminate, delete or purge Your account and all information and content therein from the Service if it is inactive, meaning that You have not signed in to the Service for a period of time determined by SpeedDate.
SpeedDate may investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate (including conduct offensive to Our customer service personnel), or illegal, or otherwise violated this Agreement. The following is a partial list of the types of actions that are prohibited under this Agreement:
You will not harass or impersonate any person or entity. You will not utilize false or multiple identities to access the Service, or to return to the Service if We have prevented You from doing so. You will not advertise for functions, parties or engagements of a similar nature created for networking for a commercial purpose. You will not harass, solicit, or harm any member based on the information that has been displayed by means of the Service. You will not promote prostitution or solicitation thereof and will not request or make any references to a maintenance agreement or any type of financial arrangement of any kind with another member. You will not 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. You will not imply that any of Your statements are endorsed by SpeedDate without SpeedDate's prior written consent. You will not interfere with or disrupt any portion of the Service or related servers or networks connected to the Service. 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. 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. You will not use meta tags or code or other devices containing any reference to SpeedDate or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose. You will not modify, adapt, translate, sell, rent, 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. You will not post, email or otherwise transmit via the Service 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.
You can connect Your account to connect with Facebook. If You choose to connect, You may be able to take advantage of various social features SpeedDate may be creating as part of the Service, as well as features available on Facebook. These features will be designed to share information with others - the essence of social media. For example, SpeedDate may personalize and otherwise enhance Your experience based on Your Facebook information, such as Your basic information, and "Likes." Please pay careful attention to Your Facebook Connect settings in "Your Account" as well as Your Privacy Settings in Facebook which will impact this feature and may give You some control over the information that is shared and who it is shared with. Please note that only one Facebook account can be connected to each SpeedDate account. All SpeedDate account activity will be posted automatically to the Facebook account that is connected to SpeedDate.
While SpeedDate hopes that You find the Facebook Connect feature to be a great way to share information, You may nonetheless disconnect Your accounts at any time by clicking http://www.facebook.com/editapps.php#!/editapps.php?v=allowed. Sign in to Facebook and you will be directed to the Authorized Applications within your profile. Locate SpeedDate on the list and click the "X" in the rightmost column to remove the authorization.
In order to connect with others on SpeedDate, You may use the services to send invitations either to their SpeedDate profiles or email addresses of people You know if they have not registered with SpeedDate. The names and email addresses of people whom You invite will be used to send Your invitations and reminders as well as to allow SpeedDate to help expand Your network. Please note that when You send an invitation to connect to another user, that user will have access to Your email address because it is displayed in the invitation. Your SpeedDate connections will also have access to Your email address. You may not invite anyone You do not know and trust to connect with You.
You will defend, indemnify, and hold SpeedDate and Our officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, and employees harmless, for any losses, costs, liabilities and expenses relating to or arising out of Your use of the Service, including: (i) Your breach of this Agreement; (ii) any allegation that any information or content that You submit to SpeedDate or transmit to the Service infringes or otherwise violates the copyright, trademark, trade secret, patent or other intellectual property or other rights (including rights of privacy and publicity) of any third party; and (iii) Your activities related to the Service that occur outside of the Service.
SpeedDate is not responsible for the actions, content, information, or data of third parties, and you release Us, our directors, officers, employees, and any agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against such third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. SpeedDate's liability will be limited to the fullest extent permitted by applicable law. Unless the law provides otherwise, We will not be liable to You for any lost profits or other consequential, special, or indirect damages arising out of or in connection with Your use of the Service. Our aggregate liability will not exceed the greater of one hundred dollars or the amount you have paid us in the last 12 months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in such cases.
If You have a dispute with one or more of Our Members, You release SpeedDate (and Our officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way related to such dispute.
Opinions, advice, statements, offers, or other information or content made available through the Service by parties other than SpeedDate are those of such parties. Such parties are solely responsible for such content. SPEEDDATE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE. SPEEDDATE DOES NOT GUARANTEE A RESPONSE FROM A RECIPIENT OF ANY OF YOUR COMMUNICATIONS NOR DOES IT MAKE ANY PROMISES OR WARRANTIES OF ANY KIND. SPEEDDATE NEITHER ADOPTS NOR ENDORSES, NOR IS SPEEDDATE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SPEEDDATE. UNDER NO CIRCUMSTANCES ARE BE 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.
SpeedDate reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. SpeedDate shall have the right to remove any such material that in SpeedDate's sole discretion violates, or is alleged to violate, the law or this Agreement. You are solely responsible for the content of the materials You post in the public areas of the Service and in Your private email messages.
As between You and SpeedDate, all intellectual property rights in and to the Service (other than content or information You post) are and shall be owned by SpeedDate. Those rights include database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights. All other trademarks, logos, service marks, company or product names owned by third parties and displayed in the Service are the property of their respective owners.
If You believe that Your work or the work of another has been copied in a way that constitutes copyright infringement or infringes on any other intellectual property right, SpeedDate has a process in place to respond to Your concerns. SpeedDate respects the intellectual property rights of others and prohibit users from uploading or otherwise displaying any materials that violate another party's intellectual property rights. When SpeedDate receives proper notification of alleged copyright infringement, SpeedDate will promptly remove or disable access to the allegedly infringing material. SpeedDate will also terminate the accounts of any repeat alleged infringers in accordance with the Digital Millennium Copyright Act. If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to Our Designated Agent and include a) information in sufficient detail to identify the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material, b) the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf, c) 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, d) information to identify the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; e) a representation that the information contained in Your Notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf, and f) Your name, mailing address, telephone number and email address. You may submit a notification of alleged copyright infringement to Our Designated Agent by mail or E-Mail as set forth below:
℅ Andrew Lustigman, Esq.
Olshan Grundman Frome Rosenzweig & Wolosky LLP
65 East 55th Street
New York, NY 10022
Upon receiving a proper notification of alleged copyright infringement as described above, SpeedDate will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. SpeedDate will also advise the alleged infringer of the DMCA Statutory Counter Notification procedure described below by which the alleged infringer may respond to Your claim and request that SpeedDate restore this material. DMCA Statutory Counter Notification Procedure:
If You believe that Your work or the work of another has been improperly removed or disabled as a result of a Notification of Claimed Copyright Infringement, You may send a written Counter Notification to Our Designated Agent and include a) Your electronic or physical signature; b) information in sufficient detail to identify 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; c) a statement under penalty of perjury that You have a good faith belief that the materials was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; d) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal Court for the judicial district in which You are located, or if You are located outside of the United States, for any judicial district in which the service provider may be found, and that You will accept service of process from the person who provided Notification of Infringement or an agent of such person. You may submit the Counter Notification to Our Designated Agent by mail or E-Mail as set forth below:
℅ Andrew Lustigman, Esq.
Olshan Grundman Frome Rosenzweig & Wolosky LLP
65 East 55th Street
New York, NY 10022
If You send SpeedDate a valid, written Counter Notification meeting the requirements described above, SpeedDate will restore Your removed or disabled material after 10 business days but no later than 14 business days from the date We receive Your Counter Notification, unless Our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing SpeedDate that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question.
SPEEDDATE PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICE. SPEEDDATE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SPEEDDATE DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
SpeedDate cannot guarantee that each member of the Service is the required minimum age for any activity, and SpeedDate shall have no liability for any content, communication or other use or access of the Service by persons under the age of 18 or other required minimum age. You are responsible for verifying the age of other members. Also, it is possible that other members (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You that You post on the Service. Those others may use Your information for purposes other than what You intended. SpeedDate is 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. SPEEDDATE DISCLAIMS 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.
IN NO EVENT WILL SPEEDDATE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SPEEDDATE OR SPEEDDATE'S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPEEDDATE FOR THE SERVICE OR $100, WHICHEVER IS GREATER. SPEEDDATE DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE. SPEEDDATE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO YOUR COMMUNICATIONS WITH OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
You consent to receiving email communications initiated by SpeedDate or on SpeedDate's behalf, including: message notification emails, emails informing You about events and parties, emails informing You of changes to the Service and emails informing You of promotions provided by SpeedDate or third parties. If You respond to promotions that are provided by third parties and thereby disclose information to such third parties or any third party service providers or grant them permission to collect information about You, their use of Your information will be governed by such parties' privacy policies.
Dispute Resolution By Binding Arbitration and Choice of Law
Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting Our customer service department at email@example.com. In the unlikely event that Our customer service department is unable to resolve a complaint You may have to Your satisfaction (or if We have not been able to resolve a dispute it has with You after attempting to do so informally), You and SpeedDate each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and SpeedDate further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, SpeedDate will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys' fees from the Company to at least the same extent as You would be entitled to in court.
This Agreement is governed by the laws of the State of California.
SpeedDate's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect. This Agreement represents the entire agreement between You and SpeedDate regarding Your use of the Service and supersedes all other agreements, whether oral or written, regarding such use.
Last revised: July 20, 2011