Terms

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions that apply to your use of the Website and all services offered by Datingfound. By completing the subscription process You are indicating that You agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for Your records. By accessing the Website or using any Services, You consent to receive this Agreement electronically. We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your subscription upon our posting such Agreement to the Website.

In any way, you represent that (1) you have read, understand, and agree to be bound by these terms of use, (2) you are of legal age to form a binding contract with datingfound, and (3) you have the authority to enter into these terms of use personally or on behalf of the company you have named as the user, and to bind that company to these terms.

Datingfound also offers offline matchmaking services. These Terms of Use will NOT apply to those matchmaking services, which are governed by a separate agreement you may sign with Datingfound.

USERS

You must be 18 years of age or older to visit or use this Website or the Services in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to Datingfound that You: (i) are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Website in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.

You may simply browse the Site, or you may register with Datingfound and create an "Account". You must, however, only provide us with true, accurate, current and complete information for your Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).

REGISTRATION

If you set up an Account, you are required to provide your name and email address and select a password, which you may not transfer to or share with any third parties. You must provide accurate and complete information and keep your Account information updated. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account.

You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. 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. You agree to immediately notify Datingfound of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.

RISK ASSUMPTION AND INTERACTION WITH OTHERS

You are solely responsible for your interactions with other members. You understand that Datingfound currently does not conduct criminal background checks on its members. Datingfound also does not inquire into the backgrounds of all of its members. Datingfound makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. Datingfound reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. In no event shall Datingfound 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. You understand that Datingfound 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.

In no event and under no circumstances will Datingfound be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction of Datingfound under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You agree you will only post photographs through your Account that have been taken in the previous two (2) years.

SERVICES

Membership Options: All membership and date fees are non-refundable or transferrable. Submitting an application does not guarantee acceptance into the network, and members can be denied acceptance for any reason. To gain access to our services, members must choose a subscription plan. A “Match” is defined as a webpage that displays information about another member of the Site. The information will often, but not always, include that member’s first name, photo, age, and height. We do not guarantee that Matches will happen on a regular schedule. Members will have the option to “Accept” or “Reject” a Match. To “Accept” a match means to agree to be put in contact with that Match if the Acceptance is mutual. To “Reject” the Match means to choose to not be in put in contact with the Match. Accepting a Match in no way guarantees that the Match will also accept. If that Match does not also Accept, then the Member will not be put in touch, and no further action will be taken. If both matches Accept, they will be put in touch via a private phone number, or will be given the phone number and/or email of the other Member. The way in which they are put in touch is at our discretion. Being put in touch in no way guarantees that the Members will meet or go on a date. Subscription gives Members access to Matches, and does not guarantee contact from a dating expert, by email or phone, or other services.

Our ability to provide matches depends on the number of compatible matches in our system, which fluctuates and cannot be guaranteed. If we do not have a match for a Member, we may put member in the waiting list or suspend the Member’s subscription and refund the Member a prorated amount for that month, based on the number of matches the Member has already received.

Criminal History: By registering to use the Matching, 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. Datingfound reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section. However, as a matter of practice, Datingfound does not conduct background checks.

MODIFICATIONS TO THE SITE OR SERVICES.

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the site or services.

RULES OF CONDUCT

1. 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.

2. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.

3. You will not forward chain letters through the Service.

4. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.

5. You will not post messages, pictures or recordings or use the Service in any way that; 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, or 2. is fraudulent or otherwise unlawful or violates any law.

6. 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. Parties responsible for the distribution, promotion or publication of any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay Datingfound One Thousand US Dollars ($1000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.

7. You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, Datingfound, its systems, or any other members' systems in any way

8. You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.

9. You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.

10. You will not constitutes unauthorized or unsolicited advertising, junk or bulk e-mail.

11. You shall not run any form of auto-responder or "spam" on the Services.

12. You shall not interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.

13. You shall not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,

14. You shall not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Site and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Site and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Site and Services may contain links to websites that are operated by us but which operate under different Terms of Use. It is your responsibility to review the privacy policies and Terms of Use of any other website you visit and you should make any investigation you deem appropriate. You agree that in no event will we be liable to you in connection with any websites, content, materials, or practices of any third party.

BILLING AND PAYMENTS

We use a third-party payment processor (the "Payment Processor") to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method: 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. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring periodic charges as agreed to by you (the "Subscription Services"). By choosing a recurring payment plan, you acknowledge that Subscription Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice needs to be provided with at least 5 days notice prior to termination.

Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle

Auto-Renewal for Subscription Services: Unless you opt out of auto-renewal, which can be done by emailing support@datingfound.com, any Subscription Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription 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 subscription fee paid for the then-current subscription period.