User account

Terms of Service for Services Provided by The Daters Incorporated

This Agreement is effective September 14, 2009

Last updated November 25, 2009

Please read the following terms and conditions carefully, as they form the Agreement between you and The Daters Incorporated. If you do not agree to these terms and conditions, you may not use the Service and should not proceed to register. By using the Service on and/or after the Effective Date above you are agreeing to be bound by this Agreement, including all amendments made to date or thereafter.

User Agreement

This Agreement constitutes your agreement with The Daters Incorporated, hereafter referred to as The Daters, with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means The Daters or any successor or assign of The Daters.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. If you are a non-resident of Canada then your right to access the Service, and in particular log-in or access any database, is limited and restricted to a location situated outside of Canada. Any use of a database by a non-resident of Canada from a location within Canada is expressly prohibited.

Adult

You must be at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register and/or use the Service. By using the Service, you represent, warrant, and covenant that you are at least 18 years old. Other Services, which may be added or discontinued at any time without notice or liability, may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

1. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Daters is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
2. You are solely responsible for, and assume all liability regarding:
1. the information and content you contribute to the Service;
2. the information and content you post, transmit, publish, or otherwise make available (hereinafter ‚"post") through the Service; and
3. your interactions with other Registered Users through the Service.
3. You will not provide inaccurate, misleading or false information to The Daters or to any other user. If information provided to The Daters or another user subsequently becomes inaccurate, misleading or false, you will promptly notify other users, update your profile, or notify The Daters accordingly;
4. As a Registered User of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. For example, from time to time, The Daters may create test profiles in order to monitor the operation of the Service;
5. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
6. You will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
7. You will not forward chain letters, spam, junk mail, or the like through the Service;
8. You will not use, whether directly or indirectly, the Service as a medium to engage in any activity related to spamming, spimming, phishing, trolling, or similar activities;
9. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
10. You will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which:
1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
2. is fraudulent, misleading or otherwise unlawful or violates any law;
11. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
12. You will not use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, ‚"spam" or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to The Daters, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Daters $50 for each such unsolicited communication you send through the Service;
13. You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, The Daters' systems, or to other members' systems in any way;
14. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information;
15. 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 others, including dating. You agree to take all necessary precautions when meeting individuals through the Service. Dating safety tips are available to you at the bottom of all pages of the Service. You understand that The Daters makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals. You further understand that The Daters makes no guarantees as to number or frequency of matches through the Service;
16. You will promptly report to The Daters any violation of the Agreement by others, including but not limited to, Registered Users;
17. The Daters reserves the right, but has no obligation, to monitor the information or material you submit to the Service or post in the public areas of the Service. The Daters reserves the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party; and
18. You will not harass, annoy, intimidate, or threaten any employees or agents of The Daters engaged in providing any portion of the Service to you.

Advertising

You agree to grant The Daters license for the right to use your images*, text* or recordings* on our Service, our partners' sites, or in the marketing of the Service.

*Excludes your personal information, such as your email address or full name, unless you decide to violate Code of Conduct provision (n) and use your real name as your username (i.e. pseudonym). Read our Privacy Policy.

Proprietary Rights

1. You hereby acknowledge and agree that The Daters is the owner of highly valuable proprietary information, including without limitation, the copyrighted and proprietary compatibility matching system, rating system, personal profiles, and search algorithm (collectively, ‚"Confidential Information"). The Daters owns and hereby retains all proprietary rights in the Service and the Site, including but not limited to, all Confidential Information.
2. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service, without first obtaining the prior written consent of the owner of such proprietary rights.
3. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any proprietary information of The Daters or affiliated Third Party available via the Service or the Site.
4. By posting information or content to any profile pages or public area of the Service such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to The Daters and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

User Information

1. For information about the collection and possible use of information and material provided by you, please click on The Daters' Privacy Policy located on the Site. By using the Site or the Service, you are consenting to the terms of The Daters' Privacy Policy.
2. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in any public communications you may have with other users. You may, at your discretion, exchange such information after you reach the mutually interested phase with your match.
3. You acknowledge and agree that The Daters may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to:
1. Comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law);
2. Protect or defend The Daters', or a third party's rights or property; or
3. Protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
4. Notwithstanding any other provision of this Agreement or the Privacy Policy, The Daters reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, The Daters suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that The Daters, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that The Daters is permitted to make such disclosure.
5. By using the Services, you agree to allow The Daters to anonymously use the information from you and your experiences through the Service to continue The Daters' research and to improve the Service and/or future Services. Research conducted by or on behalf of The Daters may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing any personal identifying information.

Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors

The Service may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of The Daters, and The Daters is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. The Daters provides these links to you only as a convenience, and the inclusion of any link does not imply that The Daters endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers, sweepstakes, or any third party sponsors found on or through the Service (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser, sweepstakes, or third party sponsor. You agree that The Daters will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to The Daters with advertisers, sweepstakes, or third parties.

Membership Categories

Users of the Service may become "Free Members" or "Paid Members" of the Service.

1. Free Members are allowed access to a minimal level of the Service's features (not all of the features accessible to Paid Members) and are not charged by us for the use of the features they can access.
2. Paid Members are provided with access to additional features of the Service that are not available to Free Members.

Fees and Payments

A Paid Member receives a subscription giving access to the "paid features" of the Service for as long as the subscription remains active. In order to purchase a subscription, you may make an online charge to a credit card account via PayPal or pay directly from your PayPal balance or linked bank account in accordance with our pricing policy for subscriptions as posted on the Service from time to time. A subscription is valid for 30 days from the time of payment. Once purchased, and UNLESS CANCELLED BY YOU, SUBSCRIPTIONS AUTOMATICALLY RENEW EACH MONTH IN 1 MONTH INCREMENTS, as the case may be, and are charged to the credit card or PayPal balance or linked bank account originally used to purchase the subscription. Not all payment options or methods are available in all geographic areas.

CANCELLATION

Subscriptions may be cancelled at any time prior to the end of any 30 day period as the case may be, by clicking on the "cancel subscription" button on your account page. Cancellation will be effective as of the next billing date as long as notice is given at least 24 hours prior to the end of the applicable 30 day period.

If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.

THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the subscription has no monetary value and only entitles you to use of paid features on the Service for the subscription period as the case may be. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the subscription. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.

You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes¹) at the rates in effect when the charges were incurred. ALL FEES AND CHARGES ARE NON-REFUNDABLE. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

¹The Daters is a Federally Incorporated Company with operations based in Ontario, and as such we are required to charge a Goods and Services Tax ("GST") or other applicable tax on any purchase of The Daters' Services made by a Canadian resident. The Daters will charge and collect GST or any other applicable tax on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Policy. You acknowledge that:

1. We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties;
2. We are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service;
3. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users.

As part of the Service, we may from time to time, provide you with or email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us at our sole discretion.

You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile (including any member profile which we may present to you as a potential match to your pre-selected search criteria), advice, opinion, statement or other information displayed, uploaded or distributed through the Service by The Daters, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by The Daters or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Advice Columnists

The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counselling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counsellor with respect to such issues.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service or of any related products and/or services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

Governing Law

This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. The Daters has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of The Daters, if The Daters' obligations hereunder are assumed by a third party, The Daters shall be relieved of any and all liability under this Agreement.

© The Daters Incorporated 2010