TERMS AND CONDITIONS OF SERVICE
This is a legal agreement ("Agreement") between you and Clickdate, Inc., a Delaware corporation ("Clickdate", "us", "our", or "we"), which may be contacted at 2110 BONITA DR, GLENDALE, CA, 91208, USA. By accessing the Clickdate U.S. web site, currently located at www.clickdate.com and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services.
The Clickdate services consist of the following, without limitation: a service for single people and any other services offered by or on behalf of Clickdate. Clickdate may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Clickdate also reserves the right to cease offering any of the Services. This Agreement is subject to change by Clickdate in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
We receive, store and process information that you make available to us when accessing or using our System. Examples include when you:
- Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using provided Services, you represent and warrant that you are at least 18 years old. Access or use of our Services or its contents by any person under the age of 18 is strictly prohibited.
- You are seeking a meaningful relationship.
- Criminal History. By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Clickdate DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Clickdate reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
- You are legally qualified to enter a binding contract with Clickdate;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not on any list of individuals prohibited from conducting business with the United States;
- You are not prohibited by law from using our services;
- You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
- You do not have more than one account on our Services;
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning.
USE OF SITE AND SERVICE.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
Free Membership. It is free to register for the Service, which may be used by you at no cost ("Free Membership"). Once you have registered by providing preliminary information (including email address and password), you will be asked to answer a questions. The results of the questionnair as well as other statistical data are used by Clickdate to automatically create your individual personality profile. Once you complited registration, your personality profile is matched up to the profiles of other Clickdate members, which enables Clickdate to determine your compatibility with those members. Using this information, Clickdate will send you partner recommendations ("matches"), which will appear in your online profile and be sent via email. Please note that, as a Free member, you will only be able to view normal versions of your matches' profile photos, but blured version of other parthers, who are anyhow communicated with you and your profile. You may be able to see an blurred or unblurred version of your matches' primary profile photos in some instances, at our discretion. As a Free member, you will then be able to send some predefined communications (for example, favorited notification, etc.) to other members and will have only limited ability to send and read personalized messages. Please note that we may limit the number of predefined or personalized communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.
Premium Membership. The Service includes a membership option that offers features not available under a Free Membership, for which you will need to purchase a subscription ("Premium Membership"). If you purchase a Premium Membership, you will regularly receive updated matches from Clickdate in your online profile and via email. These matches will be continuously updated to include new members who have been added to our database since you became a Premium member. As a Premium member, you will be able to see unblurred match, and other partners photos, who initiated communication, or any interactions related to your profile, contact and initiate communication with matches, respond to matches' communications without restriction, propose or receive invitation from matches to go out on a date. Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.
Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. Clickdate can offers different term lengths(e.g. 1, 3, 6, 12, 24-month, or other) Premium Memberships which automatically renew for consecutive month terms (or other term lengths, as agreed-upon by you during the purchase process) unless cancelled at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account.) You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a "network token" to facilitate your payments. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of any payment mechanism or account connected to your Clickdate subscription, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the billing account or credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable), our payment processor will automatically reschedule the billing date until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem, and may suspend or terminate your subscription. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not neccessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and to update this information in your account and use such information to process future payments. By subscribing, you authorize our payment processors partners to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject and which may vary from time to time.
Access to Services and subscription using Non-Clickdate Services. You may download an Clickdate Application and purchase a Premium Membership using your Apple ID or Google account (each, a "Non-Clickdate Service") and use the Application on your iPhone or Android mobile device. Any subscriptions purchased through a Non-Clickdate Service will be charged by the Non-Clickdate Service and will be subject to the terms of your selected Premium Membership and the applicable terms of service of the Non-Clickdate Service. Premium Memberships purchased through the Non-Clickdate Services are subject to the payment terms agreed upon by you upon subscription. To cancel auto-renewal or terminate a Premium Membership purchased through a Non-Clickdate Service, you must access your Non-Clickdate Service account and follow the prompts and instructions for cancellation on the applicable service or contact the applicable service directly. If you are eligible for a refund for a payment processed by a Non-Clickdate Service, such refund will be processed by Apple or Google, depending on the service used you may cancel the subscription by contacting Clickdate. Additional information on cancellation is provided in Section titled "CANCELLATION" of this Agreement.
Exclusive Use. 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, except if previously agreed to by us. You acknowledge that Clickdate is not responsible for third party access to your account that results from theft or misappropriation of your email(user names) and passwords.
Clickdate reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
Risk Assumption and Precautions. You assume all risk when using the Services, 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. In addition, you agree to review and follow the recommendations set forth in Clickdate's Safety Tips, which is available at the bottom of all pages of the Service.
No Guarantees. Clickdate may not be able to provide matches for everyone seeking to use its services. Further, Clickdate makes no guarantees as to the number or frequency of matches through the Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that Clickdate 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.
Reporting of Violations. You will promptly report to Clickdate any violation of the Agreement by others, including but not limited to, Registered Users.
Content Removal. Clickdate reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Clickdate will have 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 reasonable request of any third party. Clickdate further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Services.
Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
iv. infringes the intellectual property right of Clickdate or any third party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else's identity, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xix. uses scripts, bots or other automated technology to access the Services;
xv. uses the Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information. You will not provide inaccurate, misleading or false information to Clickdate or to any other user. If information provided to Clickdate or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Clickdate of such change.
No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services 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 Services, you acknowledge that you will have caused substantial harm to Clickdate. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay Clickdate $50 USD for each such unsolicited communication you send through the Services.
Unique and genuine and legitimate Profile. As a Registered User of the Service, you will create only one unique profile. In addition, your use of the Service must be genuine and legitimatee and used for 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 university research paper). Not all registered users are available for matching. From time to time, Clickdate may create test profiles in order to monitor the operation of the Services.
Reverse Engineering and Non-Interference. In addition to any Clickdate information or documents containing information that constitute a "trade secret" as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of Clickdate and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to Clickdate or its affiliates; and (iii) all Service plans of Clickdate or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that Clickdate takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (v) discover or use any trade secrets of Clickdate without Clickdate's prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by Clickdate.
Ownership of Proprietary Information. You hereby acknowledge and agree that Clickdate is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, "Confidential Information"). Clickdate owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
No Use of Confidential Information. 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 Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Other Users' Information. Other Registered Users may post 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 Clickdate or third-party proprietary information available via the Services.
License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Clickdate account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to Clickdate and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify 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 Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Service that will be made available to other Registered Members. You may, at your discretion, exchange such information after you reach the "Ready to Date" phase with your match.
LINKS TO THIRD-PARTY WEB SITES WITH ADVERTISERS AND SPONSORS
DISCLAIMER OF WARRANTY
No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. CLICKDATE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CLICKDATE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CLICKDATE DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by clickdate, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CLICKDATE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CLICKDATE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CLICKDATE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, clickdate may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at clickdate's sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
LIMITATION OF LIABILITY
Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLICKDATE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CLICKDATE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CLICKDATE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CLICKDATE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$5.00 OR ITS EQUIVALENT.
No Liability for non-Clickdate Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CLICKDATE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
Information Verification. Clickdate may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Clickdate will have no liability to you arising from any incorrectly verified information.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Clickdate and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an "Indemnified Party"), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Clickdate. Clickdate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Clickdate in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
COMPLAINTS / LAW ENFORCEMENT CONTACT
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the Clickdate Services, or email us by creating service ticket clicking here.
We may use the email address associated with your account to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
TERM AND TERMINATION
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
Either you or Clickdate may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Clickdate reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to Clickdate by you will be nonrefundable. You may terminate your account by following the steps in the applicable section titled "CANCELLATION" below, or by sending a notice of cancellation to: Clickdate, Inc., Attn: Cancellations, 2110 Bonita dr, Glendale, CA 91208 USA. Following any termination of your Service account due to a violation of our Agreement, Clickdate reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing Settings > Subscription > Cancel Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription, and do not cancel it at least 24 hours before the end of your current term, cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your credit card or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
Section titled "CANCELLATION" paragraf 3 and 4 only apply to subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin.
- 3-Day Cancellation. Regarding the Premium Membership, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, you can email email@example.com or mail a signed and dated notice, which states you, the buyer, are canceling this Agreement, or words of similar effect. This mailed notice shall be sent to Clickdate, Inc., Attn: Cancellations, 2110 Bonita dr, Glendale, CA 91208 USA. Please include the email address associated with your Clickdate account in this notice. You may receive further information on this process by clicking here. For a Premium Membership, the day that you successfully purchased a subscription will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 14 days after Clickdate's receipt of your written cancellation notice.
Please note that Clickdate cannot directly process refunds for purchases made through Apple via the iOS application. Please contact Apple regarding cancellation requests for subscriptions purchased through the iOS application.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the full Premium Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (c).
a. If you have prepaid any amount for a Premium Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
b. "Disability" means a condition which precludes you from physically using the Premium Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Clickdate.
c. If the physician determines that the duration of the disability will be less than six (6) months, Clickdate may extend the term of the Premium Membership contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
Section "CANCELLATION" paragraf (5) only applies to subscribers residing in New York.
- Account Holds and Other New York-specific terms:
i. Clickdate does not guarantee a certain number of matches will be delivered to you as part of a Premium Membership. You will receive all your available matches upon successful registration, and Clickdate will continue to add additional matches as they become available during the term of your subscription.
ii. You may pause your Premium Membership for up to one (1) year by providing written notice to Clickdate, Inc. 2110 Bonita dr, Glendale, CA 91208 USA or emailing [email protected]
iii. You can review the New York Dating Services Consumer Bill of Rights here.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, CLICKDATE AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER "CANCELLATIONS AND ACCOUNT HOLDS" SECTION ABOVE.
GOVERNING LAW & VENUE
Unless prohibited by local law, this Agreement is governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section titled "ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER" of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party's right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section titled "ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER") is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Los Angeles, CA to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of California law shall not exclude, limit or supersede a consumer's rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
- Purpose: This section titled "ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER" of the Agreement (henceforth referred to as "Arbitration Agreement") facilitates the prompt and efficient resolution of any Disputes that may arise between you and Clickdate. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Clickdate shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney's fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, "Clickdate" means CLICKDATE, INC. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Clickdate regarding any aspect of your relationship with Clickdate, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). "Dispute" is to be given the broadest possible meaning that will be enforced.
YOU AND CLICKDATE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes you must first give Clickdate an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Clickdate, Inc. 2110 Bonita dr, Glendale, CA 91208 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Clickdate does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution") either you or Clickdate may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA's Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with Clickdate, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration: You may initiate arbitration in Los Angeles, CA, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Clickdate will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Clickdate as provided in the section above titled "Pre-Arbitration Dispute Resolution" and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Clickdate your actual and reasonable attorney's fees and costs as determined by the arbitrator.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Clickdate specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of Clickdate and/or user of Clickdate services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Clickdate are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Clickdate might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Continuation: This Arbitration Agreement shall survive the termination of your contract with Clickdate and your use of Clickdate Services.
Right to Seek Injunction. Violation of this Agreement may cause Clickdate irreparable harm, and therefore agree that Clickdate will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Clickdate may have for a breach of this Agreement.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Clickdate's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit Clickdate to contact you, such as your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Clickdate, Inc. 2110 Bonita dr, Glendale, CA 91208 USA
firstname.lastname@example.org (only copyright-related notices will be accepted at this email address. All other inquiries or requests will be discarded.)
This Agreement was last revised on Jan 15, 2021.
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