Terms of Service
Effective Date: May 24, 2012
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE AREYOUINTERESTED.COM WEBSITE (“SITE”) AND OTHER AREYOUINTERESTED INTERACTIVE PROPERTIES INCLUDING, BUT NOT LIMITED TO, OUR FACEBOOK AND MOBILE APPLICATIONS (THE SITE AND OTHER AREYOUINTERESTED INTERACTIVE PROPERTIES ARE COLLECTIVELY REFERRED TO HEREIN AS “AREYOUINTERESTED APPLICATIONS”) WHICH ARE OWNED AND OPERATED BY SNAP INTERACTIVE, INC. (“SNAP”) CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE SITE AND AREYOUINTERESTED APPLICATIONS AND ALL SERVICES OFFERED THROUGH THE SITE OR AREYOUINTERESTED APPLICATIONS.
ACCEPTANCE OF TERMS OF SERVICE.
Updates to Terms. AreYouInterested reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the AreYouInterested Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the AreYouInterested Applications and terminate your membership in AreYouInterested.
Electronic Form. By accessing the AreYouInterested Applications or becoming a member of AreYouInterested (“Member”), you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: Snap Interactive, Inc., 462 7th Avenue, 4th Floor, New York, NY 10018.
USE OF THE AREYOUINTERESTED APPLICATIONS.
Prior to using the AreYouInterested Applications you certify that you:
* are over the age of 18,
* are single or separated from your spouse,
* have never been convicted of a felony or any criminal offense characterized as a sexual offense,
* will not contact anyone under the age of 18, and
* agree that you are solely liable and responsible for your interactions with other Members.
Registering as a Member. You do not have to be an AreYouInterested Member to view our benefits available through AreYouInterested Applications but only Members can access the AreYouInterested Applications’ features and Services and only Premium members can access all our Services. You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying subscriber to our Premium Service. Please see your offer copy for a description of the current subscription plans and their prices.
Please note that the subscription policies that are disclosed to you when subscribing to the Service are deemed part of these Terms. By registering and/or becoming a Member you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the AreYouInterested Applications and the Services (or any portion thereof). Snap reserves the right to deny, in its sole discretion, any user access to the AreYouInterested Applications or Services without notice for any or no reason.
Registration. Upon registration you will be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by Snap), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided. You will not include any telephone numbers, street addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any content, email, chat message, mobile messages, or any other communication.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SNAP immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by SNAP). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by SNAP or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
Blocking IP Addresses. You understand that in order to protect the integrity of the Services, SNAP reserves the right at any time in its sole discretion to block members or subscribers from certain IP addresses or unique device identifiers from accessing the Services.
Posting Email Addresses. You are not permitted to post your email address in your profile. This includes IM addresses or any other similar address referencing a means of communicating with you outside of the Services. You are not permitted to include such addresses in direct emails and private communications where the inclusion of such email address or other communication device serves as an attempt to circumvent any restrictions on the use of the Services, your membership or subscription plan or other premium features. Snap may, in its sole discretion, terminate your membership immediately in such cases where posting an email address is done to avoid subscribing to the Services or for spam or other prohibited purposes.
Termination. Snap can suspend or terminate your Membership in AreYouInterested and your access to the AreYouInterested Applications or the Services, in whole or in part, (collectively your “Access”), at any time, immediately and without notice. Snap has the right to terminate your Access if you fail to comply with any of the Terms or misuse the Services in any way or behave in a way which could be regarded as inappropriate, unlawful, or unsafe. Upon termination, you must destroy all materials obtained from AreYouInterested Applications and the Services and all copies thereof. All decisions regarding the termination of Access shall be made in the sole discretion of Snap. Snap is not required to provide you notice prior to terminating your Access. Snap is not required, and may be prohibited, from disclosing a reason for the termination of your Access. Even after your Access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Facebook Requirements. Snap is not responsible in the event that you are no longer able to access the Services or Snap Sites through Facebook as a result of a violation for failure to comply with Facebook’s guidelines. Additionally, Snap is not responsible in the event that you are no longer able to access the Services or Snap Site due to your account on Facebook being suspended, blocked, closed or terminated for any reason whatsoever. Suspension or termination of your AreYouInterested account(s), membership(s) or subscription(s) shall not affect your status on your social networking website account(s).
MEMBERSHIP SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT.
If you sign up for our Premium Service AreYouInterested bills you for your online account using the billing information you provide (your “Billing Account”) for use of the Service. You agree to pay AreYouInterested all charges at the prices then in effect for your use of the Service using your Billing Account, and any applicable taxes, and you authorize AreYouInterested to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. AreYouInterested reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
PREMIUM SERVICE SUBSCRIPTION FEES ARE NON-TRANSFERABLE AND NON-REFUNDABLE. Prices do not include Internet service provider, telephone, and other connection charges.
Cancelation Rights. NOTWITHSTANDING THE FOREGOING, YOU HAVE A ONE TIME RIGHT TO CANCEL YOUR PREMIUM SUBSCRIPTION WITHOUT OBLIGATION WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU BECOME A PREMIUM SUBSCRIBER.
Recurring Billing. Access to the Service requires a subscription for membership and may consist of an initial period, where you can try the Services for free, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your membership subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. To change or cancel your membership at any time, go to “Profile” near the top right of your page, and click on “Premium Account.” Your membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional membership rate. If you cancel you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. Your non-termination or continued use of the Service reaffirms that AreYouInterested is authorized to charge your Payment Method. AreYouInterested may submit those charges for payment and you will be responsible for such charges. AREYOUINTERESTED MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE AREYOUINTERESTED REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO: https://apps.facebook.com/areyouinterested/index.php?action=premium_status OR http://www.areyouinterested.com/index.php?action=premium_status. To change or cancel your subscription at any time, go to “Profile” near the top right of your page and click on “Premium Account”. In order to avoid any charge for a new term you should cancel at least 2 days prior to the 30 day anniversary of your first charge for monthly plans or the date referenced in your renewal notice for longer subscription terms. If you cancel prior to the end of a new billing period but are charged for a subsequent term prior to the date of your term renewal but are charged based upon the timing of third party billing systems, please contact Customer Care to have the charges reversed. 1 month terms are billed every 30 days, 3 month terms are billed every 90 days, 6 month terms are billed every 180 days and 12 month terms are billed every 360 days.
Current Information Required. YOU MUST PROMPTLY NOTIFY AREYOUINTERESTED IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT EDIT/SETTINGS. IF YOU FAIL TO PROVIDE AREYOUINTERESTED ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT AREYOUINTERESTED MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICE.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If AreYouInterested does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), AreYouInterested shall provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that AreYouInterested may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Free Trials and Other Promotions. Any free trial or other promotion that provides membership access to the Service must be used within the specified time of the trial. You must cancel your membership before the end of the trial period in order to avoid being charged a membership fee. If you cancel prior to the end of the trial period and are inadvertently charged for a membership, please contact Customer Service to have the charges reversed. Only one free trial per person.
For Billing-Related Inquires. For assistance with billing-related issues please use “Help/Contact Us” links or email us at Help@Snap-Interactive.com.
USE OF THE SERVICES.
Personal Use. This Site and the Services offered are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not (i) copy, display or distribute any part of the AreYouInterested Applications, in any medium, without AreYouInterested’s prior written consent, or (ii) alter or modify any part of the AreYouInterested Applications other than as may be reasonably necessary to use the AreYouInterested Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the AreYouInterested Applications, or to manipulate the AreYouInterested Applications or the Services, or otherwise exceed the limited access granted to you by AreYouInterested. You will take no action to interfere with, interrupt, destroy or limit the functionality of the AreYouInterested Applications or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. You will not use the information obtained from any AreYouInterested Applications or Service to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from any AreYouInterested Application or Service. You may not use the AreYouInterested Applications or Services in any manner that could damage, disable, overburden, or impair any Snap server, or the network(s) connected to any Snap server, or interfere with any other party’s use and enjoyment of any AreYouInterested Applications or Services. You may not attempt to gain unauthorized access to any AreYouInterested Applications or Services, other accounts, computer systems or networks connected to any Snap server or to any of the AreYouInterested Applications or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the AreYouInterested Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through AreYouInterested Applications or Services, including any proprietary communications protocol used by Snap.
Free Standard Service. As a free user of our standard service you can create a profile, upload photos and/or choose photos from Facebook albums, browse other users, click Yes on users, search by location, age and interest, see who likes you, read messages from and respond to premium users for free, and participate in a chat room with other users online now in your age group.
Premium Service. As a member of our Premium Service you have unlimited contact with all our members, free access to iPhone app & AreYouInterested.com, all non-Premium members can contact you for free, you can see your matches, see who’s viewing your profile, send unlimited messages, add friends from Are You Interested? on Facebook, browse without any advertisements, access “Hotties” browse for free, receive priority customer service care which ensures that your questions are answered.
Communication Services. The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service (“User Content”). AreYouInterested has no obligation to monitor the User Content. However, AreYouInterested reserves the right to review materials posted to the Communication Services and to remove any User Content at any time, without notice, for any reason and in its sole discretion. AreYouInterested reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by AreYouInterested, and such communications shall not be considered reviewed, screened or approved by AreYouInterested. User Content, including statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. AreYouInterested specifically disclaims any liability with regard to the User Content and any actions resulting from your participation in any Communication Services. Managers and hosts of Communications Services are not authorized Snap spokespersons, and their views do not necessarily reflect those of AreYouInterested.
AreYouInterested representatives may monitor your User Content on the AreYouInterested Applications. But we cannot monitor all of the User Content on the AreYouInterested Applications, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms, you can report it to help@Snap-interactive.com.
By using the Communication Services and submitting User Content to the AreYouInterested Applications, you grant to Snap, and its successors in business and assigns, a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content, for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, voice, performance, and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice. You also grant each user of the AreYouInterested Applications a non-exclusive license to access your User Content as permitted through the functionality of the AreYouInterested Applications and under these Terms. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the User Content you submit.
Featured Members Profiles. Featured Members Profiles. From time to time, SNAP may choose member profiles to feature on the Site for enhanced visibility at no extra cost, in the sole discretion of SNAP.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services or your User Content. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Snap is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users. All User Content must comply with User Posting Requirements.
User Posting Requirements. You agree that you may not access or use the Services and/or related Communication Services, in order to:
* Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
* Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs which contain any materials that could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use the materials in this manner.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the AreYouInterested Applications or Services or other users’ computers.
* Except as expressly authorized by Snap, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
* Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
* Encourage behavior that does not support a safe and comfortable environment for all users, including but not limited to posting or transmitting any materials that are threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.
* Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
* Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
* Impersonate or create a false identity (such as a celebrity or AreYouInterested representative) for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
* Attempt to get a password, other account information, or other private information from a member or any other user of the Services.
* Improperly use support or complaint buttons or make false reports to AreYouInterested administrators.
* Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
* Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
* Use the AreYouInterested Applications or Services to resell or make any commercial use of the AreYouInterested Applications or Services, or otherwise commercially exploit the same, without the prior express written consent of Snap .
* Use the Services for fraudulent transactions.
* Sell, buy, or transfer access to your account.
* Exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
The Services and all material published on the AreYouInterested Applications, including, but not limited to text, photographs, video, text, graphics, music, images, animations, audio, text, “applets” incorporated into the software data) sounds, messages, comments, ratings, and other materials on the AreYouInterested Applications is owned by Snap or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. Snap owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site. AreYouInterested and its logos are trademarks of Snap Interactive, Inc. and are protected by state and federal laws. All other trademarks appearing on this Site (“Marks”) are trademarks of their respective owners. Users are prohibited from using any Marks without the written permission of AreYouInterested or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without Snap’s prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the AreYouInterested Applications or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted. Except for allowing you to use the AreYouInterested Applications and Services for your personal use as set forth in the paragraph above, when you use the AreYouInterested Applications or Services, you are not receiving a license or any other rights from Snap, including intellectual property or other proprietary rights of AreYouInterested. You understand that you have no rights to the AreYouInterested Applications or Services or any other AreYouInterested property except as we indicate in these Terms.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Snap has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. We reserve the right to remove any User Content on the AreYouInterested Applications which allegedly infringes another person’s copyright. We are under no obligation to, and do not, scan content posted for any violations of third party rights, however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the AreYouInterested Applications or the Service. If you believe any materials on the AreYouInterested Applications or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
* Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
SNAP Interactive, Inc.
462 7th Avenue, 4th Floor
New York, NY 10018
Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to join AreYouInterested and to use the Services.
Links. You may be able to access other websites or resources through links on the Site. Because AreYouInterested has no control over such sites and resources, you acknowledge and agree AreYouInterested is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources nor does AreYouInterested endorse any such sites or the products or services assessable on such sites. You further acknowledge and agree that AreYouInterested shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your Interactions With Other Members. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS WHETHER ONLINE OR OFFLINE. YOU UNDERSTAND THAT SNAP DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES SNAP INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SNAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL SNAP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW SNAP’S SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT SNAP MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE AREYOUINTERESTED APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING AREYOUINTERESTED APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE AREYOUINTERESTED APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE AREYOUINTERESTED APPLICATIONS OR SERVICES, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE AREYOUINTERESTED APPLICATIONS IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL ADVICE. SNAP MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE AREYOUINTERESTED APPLICATIONS OR SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. YOU ACKNOWLEDGE THAT AREYOUINTERESTED MAKES NO WARRANTY THAT THE AREYOUINTERESTED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT AREYOUINTERESTED DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE AREYOUINTERESTED APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE AREYOUINTERESTED APPLICATIONS IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE AREYOUINTERESTED APPLICATIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE AREYOUINTERESTED APPLICATIONS AND SERVICES.TO THE FULLEST EXTENT PERMITTED BY LAW, AREYOUINTERESTED DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE AREYOUINTERESTED APPLICATIONS AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE AREYOUINTERESTED APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE AREYOUINTERESTED APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE AREYOUINTERESTED APPLICATIONS ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. AREYOUINTERESTED DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE AREYOUINTERESTED APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL SNAP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE AREYOUINTERESTED APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE AREYOUINTERESTED APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNAP OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE AREYOUINTERESTED APPLICATIONS OR THE SERVICES, EVEN IF SNAP HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SNAP’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SNAP’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT YOU PAID FOR ONE MONTH OF SERVICE.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the AreYouInterested Applications or using the Services and agree to indemnify and hold Snap, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that we may incur arising out of or related to your use of the AreYouInterested Applications or Services or in connection with a third party claim or otherwise, in relation to your use of the AreYouInterested Applications or Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any persons you interact with who you met through the AreYouInterested Applications or Services. To the extent permitted under applicable laws, you hereby release Snap from any and all claims or liability related to your use of the AreYouInterested Applications or the Services.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Access to Services. You understand and agree that your membership in AreYouInterested is subject to and conditioned upon the following: Your continued adherence to these Terms and any future modifications thereto and compliance with the Terms. Your violation of these Terms, or any other agreement between you and AreYouInterested constitute grounds for immediate termination of your membership without further notice at our sole discretion. We may also terminate your membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the AreYouInterested community. Termination of your Membership will result in cancellation of all rights of Access and use of Services granted to Members. AreYouInterested reserves the right to change, discontinue or suspend AreYouInterested or any of the Services at any time for any reason. Members may terminate their Membership at any time by going to Premium Account and clicking on “Cancel Auto-renew” or going to AreYouInterested.com to Premium Account and clicking on “Cancel Auto-renew” or sending your request to us, using the “Help/Contact” button on any page of the Site. AreYouInterested shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision AreYouInterested makes relating to termination or suspension of any Member’s account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the AreYouInterested Applications or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access to Services, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Snap (‘Dispute”) shall lie in the state or federal courts located in New York, N.Y. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Snap, the Services, the content or the AreYouInterested Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and Snap. They supersede any and all prior or contemporaneous agreements between you and Snap relating to your use of the AreYouInterested Applications or the Services. Snap may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Snap to partially or fully exercise any rights or the waiver of Snap of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Snap or be deemed a waiver by Snap of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Snap under these Terms and any other applicable agreement between you and Snap shall be cumulative, and the exercise of any such right or remedy shall not limit Snap’s right to exercise any other right or remedy.
Please Contact Us if you have any questions about the Terms.
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