Last Revised on November 8, 2021
Effective as of: November 8, 2021
What is Zoosk Live?
Who can see me on Zoosk Live? How is my data handled?
3. By accessing Zoosk Live you will be viewing content from not only Zoosk users but users from other dating and social platforms such as MeetMe, Skout, Plenty of Fish, OKCupid and future partners. Your Live profile and/or any content you share on Live may be viewed by the users from the aforementioned dating and social platforms.
4. In order to provide you with the Zoosk Live feature, Zoosk may have to share certain data with the Meet Group Inc, including but not limited to your internal Zoosk user ID, first name, profile, images, gender, looking for, city, state, country, last active on Zoosk, and updates you make to your Zoosk Live profile. Please see our Privacy Notice for a full list of the information Zoosk shares with the Meet Group in order to provide you with Zoosk Live. In order to contact you after winning a contest on Live, you agree that Zoosk may share your email address with the Meet Group, Inc.
5. You understand the Meet Group Inc. is the operator of the Zoosk Live feature and will act as the controller of all the data and content you generate while using Zoosk Live.
What are Credits and Virtual Items, Goods and Gifts?
You understand and agree that Zoosk will not be liable to you in any way except for the purchase of the Zoosk Live Credits. Any and all purchase of Virtual Items and Goods on Zoosk Live and any such liability thereof will be governed by the MeetMe Terms and Conditions.
7. To the extent where you receive Gifts while using Zoosk Live, the receipt of such gifts and the ability to cash out such gifts are governed exclusively by the MeetMe Terms and Conditions. You agree to look solely to The Meet Group, Inc. to resolve any and all issues surrounding your receipt or cash out of any gifts received.
Last Revised on November 8, 2021
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU BECOME A COMPANY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
The terms (“us”, “we”, the “Company” or “Zoosk”) refer only to Zoosk, Inc., and our related companies and not to you as a user.
To cancel your subscription and/or upgrade(s) You can find instructions on how to cancel your subscription at the Zoosk Help Center. Alternatively, you can send an email to firstname.lastname@example.org, or mail a signed and dated notice to Zoosk Customer Care – Spark Networks Services, Attn: Customer Service 3400, N. Ashton Blvd, Suite 175, Lehi, UT 84043, Include your Zoosk username and the email address used to register for the Services with such notice. For additional state specific information relating to cancellation, please see Section 22 (Cancellation Rights).
Please note that if your subscription was purchased through a third-party account, such as iTunes, Amazon or Google Play, the subscription must be cancelled in accordance with that third party’s terms and conditions.
Please visit our FAQ Page for more information relating to your account and subscriptions.
Special notice to California Members: You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s).
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement (e.g. Supplemental Terms), or will be presented or accessible to you by us when you sign up to use, or use, such Services (“Supplemental Terms” or Additional Terms”). All such Supplemental and Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
This Agreement and any policy, notice, or guideline of the Services may be modified by us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account (you may change the email address associated with your account by going to the “settings” page). You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by us, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Company website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.
You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by us are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that we may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of us and are not using the Services for reasons that are in competition with us or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
You agree that you will only use the Services, including the posting of any content through 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. Use of the Services is void where prohibited.
a) Member Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publicly available.
b) Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately notify us if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that we are not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
c) Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
d) Interactions with Other Users; No Obligation to Conduct Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. We do not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that we may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
e) No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, 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.
f) User Conduct. We are not responsible or liable in any manner for the conduct of our users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
i. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
ii. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
iii. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
iv. attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
v. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
vi. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
vii. defraud, swindle or deceive other users of the Services;
viii. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
ix. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
x. use any scripts, bots or other automated technology to scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
xi. collect or solicit personal information about anyone under 18;
xii. use the Service for any phishing, trolling or similar activities;
xiii. use the Service to redirect users to other sites or encourage users to visit other sites;
xiv. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
xv. attempt to access any Services or area of the Sites that you are not authorized to access;
xvi. bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
xvii. use another user’s account or permit or allow other people or third parties to access and use the Services via your account; or
xviii. upload invalid data, viruses, worms, or other software agents through the Services.
g) Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the “Report This Profile” button or similar button or link on the Services or by contacting us at email@example.com.
h) Verification and Enforcement. Although we do not routinely conduct criminal screenings of our users, you agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if the Company believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, the Company may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
a) Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
b) Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
c) No Duty to Review User Content. Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company’s right to modify, crop or “photoshop” any photos you submit to comply with the Company’s policies, practices and procedures.
d) License of User Content to the Company. The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name, voice, or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
e) Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
f) Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Company policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
i. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
ii. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
iii. is intended to, or does, harass, or intimidate any other user or third party;
iv. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
v. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
vii. violates someone’s data privacy or data protection rights;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. contains any advertising, fundraising or promotional content; or
x. is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type.
g) Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
h) Social Networking Sites. If you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook, Google or Twitter, you permit the Company to access certain information about you that is made available to the Company through or from that Social Networking Site. The information obtained by the Company varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing the Company to collect, store, retain and use, in accordance with our Privacy Notice, any and all of your information that the Company has obtained from the Social Networking Site, including to create a Company profile page and account for you. Depending on the Social Networking Site and your privacy settings, the Company may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to the Company from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that the Company is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about the Company that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
Please refer to our Privacy Notice for information about how the Company collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of the Company or post or provide to the Company any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Notice, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company.
You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Company reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing firstname.lastname@example.org, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
The Company reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. the Company’s designated Copyright Agent to receive notifications of claimed infringement is:
Zoosk Customer Care – Spark Networks Services
Attn: Copyright Agent
3400 N. Ashton Blvd, Suite 175
Lehi, UT 84043 USA
email@example.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
“ZOOSK,” the Company’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Company websites for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company’s logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without the Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.
The Company may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
a) General. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services or virtual coins (as described below), you authorize the Company and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at the Company’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 13).
b) Payment Method. The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize the Company to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. The Company’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
c) Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 13(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
d) Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 22, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 22, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 22 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
e) Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to the Company. You agree to promptly notify the Company if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
f) Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), the Company will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that the Company may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. The Company will inform you of any additional charges that are accumulated.
h) Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, the Company shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You may access and use certain features of the Services using certain mobile devices, including, through our SMS service (the “Mobile Services”). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.
Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. To stop receiving SMS messages from us, text STOP to 96675. To get help, text HELP to 96675 for instructions. For customer support, please contact us at https://www.zoosk.com/contactinfo or write to firstname.lastname@example.org. We support the following carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, Cricket, Alltel, ACG, Cincinnati Bell, U.S. Cellular®, Virgin Mobile, Aliant Mobility, Bell Mobility, Inc., MTS/Allstream Inc., Northern Telephone, Rogers Cantel Inc., Sasktel Mobility, Telebec, Telus Mobility, and Virgin Mobile Canada. In the event you change or deactivate your mobile telephone number, you agree to update your account information on the Company platform within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
a) Mobile Software. We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Company account on one device owned or leased solely by you, for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (vii) use the Mobile Software on any device that you do not own or control; or (viii) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section 16 may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.
b) Mobile Software from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and the Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.
c) Mobile Software from Google Play Store. The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and the Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) the Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the Company’s Google-Sourced Software.
d) No Support. This Agreement does not entitle you to receive from the Company, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
e) S. Government End Users. The Mobile Software was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Mobile Software consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government end users acquire only those rights in the Mobile Software that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government end users acquire only technical data and the rights in that data as expressly provided in this Agreement. Any use, reproduction, release, performance, display or disclosure of the Mobile Software by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement.
f) Export Controls. The Mobile Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Mobile Software and other Company Services.
g) Users Outside the U.S. If you are using the Mobile Software outside the U.S.A., then the following shall apply: (a) you confirm that this Agreement and all related documentation is and will be in the English language (please see Section 24 regarding any translations that are provided for your convenience); (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
h) Injunctive Relief. You acknowledge and agree that your breach or threatened breach of this Section 16 shall cause the Company irreparable damage for which recovery of money damages would be inadequate and that the Company therefore may seek timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
THE COMPANY PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER 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.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.
a) Governing Law. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, Section 20(b) of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class Action or jury trial, as set out in Section 20(b) hereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against the Company must be resolved in a federal or state court located in New York, NY, USA or as described in the Arbitration provision below. Both you and the Company retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that the state or federal courts located in New York, NY, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with Section 20(b) hereof (or for any proceeding seeking relief in aid of such arbitration) or in the event that the Arbitration provision below is for any reason held to be unenforceable.
b) Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the Company, you agree to first contact us within 30 days of when the dispute arises at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 20(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in New York, NY, USA (or the nearest office to Santa Clara County), unless you request a hearing in your hometown area or you and the Company agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules, but if you are unable to pay any of them, the Company will pay them for you. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The Company will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and the Company submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.
c) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
d) Indemnity. You agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account; (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations.
e) Severability. If any clause within this Section 20 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
a) Termination by the Company. Notwithstanding anything to the contrary in this Agreement, the Company may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to the Company by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in the Company’s sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to Section 20 of this Agreement.
b) Termination by You. In addition to any right to cancel your subscription pursuant to Section 22, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the “settings” page of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to the Company and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
c) Survival. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including without limitation Sections 18, 19, 20 and 24.
In addition to the cancellation procedure set forth in Section 13(d) above, if you are a Company subscriber in one of the following states or provinces (as determined by the zip code / postal code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state or province. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of your subscription in accordance with this Section 22, your subscription benefits will terminate immediately.
a) Arziona. CANCELLATION. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you purchased a subscription and/or upgrade(s). To do so, please send an e-mail to firstname.lastname@example.org from the e-mail address you used to register on Zoosk with your Zoosk username. You can also send asigned written notice of cancellation (which includes your Company username and the email address used to register for the Services) by certified mail to Zoosk Customer Care – Spark Networks Services, Attn: Customer Service, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043, or personally delivered to our offices at that address. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
b) California. CANCELLATION. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. You may also mail a signed and dated notice to Zoosk Customer Care – Spark Networks Services, Attn: Customer Service, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043, send an email to firstname.lastname@example.org Include your Company user name and the email address used to register for the Services with such notice. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
c) Connecticut. NOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY SENDING AN E-MAIL TO SUPPORT@ZOOSK.COM FROM THE E-MAIL ADDRESS YOU USED TO REGISTER ON ZOOSK WITH YOUR ZOOSK USERNAME. YOU MAY ALSO MAIL A SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: ZOOSK CUSTOMER CARE – SPARK NETWORKS SERVICES, ATTN: REFUND REQUEST, 3400 N. ASHTON BLVD, SUITE 175, LEHI, UT 84043. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR COMPANY USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
d) Illinois. CANCELLATION. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days after the first business day after the date you purchased a subscription and/or upgrade(s). Please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. A written notice of cancellation (which includes your Company user name and the email address used to register for the Services) must be sent by certified or registered mail to Zoosk Customer Care – Spark Networks Services, Attn: Customer Service, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
e) Iowa. Notice of Cancellation. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). Please send an e-mail to firstname.lastname@example.org from the e-mail address you used to register on Zoosk with your Zoosk username. A signed and dated written notice of cancellation (which includes your Company user name and the email address used to register for the Services) must be mailed or delivered to Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043 or send a telegram. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 business days of receipt of the notice of cancellation.
f) Minnesota. MEMBERS’ RIGHT TO CANCEL. If you wish to cancel this contract, please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. You may cancel by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you purchased a subscription and/or upgrade(s). The notice must be delivered or mailed to: Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Company user name and the email address used to register for the Services with such notice.
g) New York. NOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. PLEASE SEND AN E-MAIL TO SUPPORT@ZOOSK.COM FROM THE E-MAIL ADDRESS YOU USED TO REGISTER ON ZOOSK WITH YOUR ZOOSK USERNAME. YOU MAY ALSO MAIL A SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT ZOOSK CUSTOMER CARE – SPARK NETWORKS SERVICES, ATTN: REFUND REQUEST, 3400 N. ASHTON BLVD, SUITE 175, LEHI, UT 84043. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR COMPANY USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
h) North Carolina. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), please send an e-mail to firstname.lastname@example.org from the e-mail address you used to register on Zoosk with your Zoosk username. You may also mail or deliver a written notice of cancellation (which includes your Company user name and the email address used to register for the Services) to Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043 no later than midnight of the third business day after the date you purchased a subscription and/or upgrade(s). Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid. Payments made pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days after the notice of cancellation is given.
i) Ohio. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) for any reason, without any penalty or obligation, until midnight of the third business day after the date you purchased a subscription and/or upgrade(s), or if the Services are not available when you purchased a subscription and/or upgrade(s), you may cancel your subscription and/or upgrade(s) prior to midnight of the seventh business day after the date on which you receive your first Service. Please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. You may also send a written notice of cancellation (which includes your Company user name and the email address used to register for the Services) by certified mail (return receipt requested) or delivered to Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043, or sent by email to firstname.lastname@example.org or by a telegram. Notice of cancellation by certified mail is effective upon the date of post marking. Delivery is effective when delivered to the address above. When notice is sent by electronic mail, notice is effective when the electronic mail is sent to the Company’s electronic mail address.
j) Quebec, Canada. NOTICE OF CANCELLATION. You may cancel your subscription at any time. If you wish to cancel your subscription and claim a refund for the unused portion of the balance of your subscription term, please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. You mayalso send a signed and dated copy of your Notice of Cancellation to Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043, USA. If you cancel under this provision, the Company will be entitled to retain a cancellation indemnity calculated in accordance with the Quebec Consumer Protection Act. Any payments made by you for the unused portion of your subscription (after deducting the cancellation indemnity) will be returned within ten (10) business days following receipt of your cancellation notice. You must include your Company user name and the email address used to register for the Services with your cancellation notice.
k) Rhode Island. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after you purchased a subscription and/or upgrade(s). Please send an e-mail to firstname.lastname@example.org from the e-mail address you used to register on Zoosk with your Zoosk username, or mail by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation to Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043. If you cancel under this provision, any payments made by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Company user name and the email address used to register for the Services with such notice.
l) Wisconsin. CANCELLATION AND REFUNDS. RIGHT TO CANCEL. You are permitted to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, please send an e-mail to email@example.com from the e-mail address you used to register on Zoosk with your Zoosk username. You may also do so by notifying the Company by any written notice mailed or delivered to the Company at the address shown on the contract, within the previously described time period. If you do cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by the Company and arrangements will be made to relieve you of any further obligation to pay the same. Include your Company user name and the email address used to register for the Services with such notice.
If you are a Company subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your Company user name and the email address used to register for the Services) to firstname.lastname@example.org or by mail at Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043.
a) If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to the Company. If the physician determines that the duration of the disability will be less than six months, we may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation.
b) You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of California Civil Code¬§ 1694.3(b), the term “Dating Service Office” shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from the Company’s Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation. Upon such election, if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you If you elect to be relieved of further obligation pursuant to this subdivision, the Company may charge you a fee of $100.00 or, if more than half the life of the contract has expired, a fee of $50.00, not to exceed the amount of the refund to which you are entitled. Such fee shall be deducted from any refund which the Company is required to make to you.
a) You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an “enterprise” shall mean any location where the Services are available. If you relocate your primary residence to a location that is more than 25 miles from where our Services are comparably offered, you may cancel this contract and shall be liable only for that portion of the charges allocable to the time before reasonable evidence of the relocation is presented to the Company plus a fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such fee shall be deducted from any refund which the Company is required to make to you.
b) If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death.
a) If you subscribe for any Paid Services, the Company will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that the Company shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals.
b) Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of the Company’s business by another company or third party or in the event of bankruptcy, the Company will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
c) If you permanently relocate your primary residence further than 50 miles from any area in which the Company offers the Services, you may elect to terminate your subscription by notifying us in writing at Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
d) You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify the Company in writing (which includes your Company user name and the email address used to register for the Services) at Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043.
a) If by reason of death or disability you are unable to receive the benefits from the Services, the contract shall be proportionally divided by all of the days in which the Services were made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the Services were made available to you free of charge as part of the contract offering, and within 30 days after receiving notice of your death or disability, we shall refund your representative or you the amount paid in excess of the proportional amount. We shall have the right to require and verify reasonable evidence of the death or disability.
b) If you relocate your residence 25 miles or more from any area in which the Company offers the Services, you may elect to terminate your subscription by notifying us in writing at Zoosk Customer Care – Spark Networks Services, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043 of your intention to relocate and requesting that the contract be terminated. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. You agree that this Agreement, and any Additional or Supplemental Terms, contains the entire agreement between you and the Company regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement. You also acknowledge that you have read and understood the Company’s Privacy Notice. If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. The failure of the Company to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any affiliate of the Company, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement. Zoosk, Inc. is a corporation organized under the laws of the State of Delaware, USA (file number 4328757).
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with the Company. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
Last Revised: November 8, 2021
If you have specific questions on virtual gifts or currencies on Zoosk Live, please send an email to email@example.com.
By submitting an order for our Virtual Goods or Coins through our Services, you authorize the Company, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.
You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Virtual Goods or Coins. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.
In our sole discretion, we may offer you the opportunity to obtain and redeem Coins for use with our Services. We may charge fees for the right to use Coins, or we may distribute the Coins without charge, each in our sole discretion. When you redeem Coins, we will redeem Coins that you have purchased before redeeming Coins that you have obtained on a promotional basis, or otherwise without charge. We have no obligation to continue offering any feature or function through the Services, including any feature or function that enables the use or redemption of Coins.
Your Coins will be stored in an account for you. The Coins may be redeemed solely by the Company through our Services, cannot be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may further restrict your ability to redeem your Coins based on your place of residence. For clarification, although you may buy Coins via mobile services, the Coins are not redeemable for content or services offered by any carrier.
While the Coins you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is deactivated (as described below), we may, without further notice to you, redeem all paid Coins remaining in your account for any Virtual Goods (as defined below) we select, in our sole discretion, and distribute such Virtual Goods, as applicable, to your “friends” (and, if you have no “friends” to any other users that we may identify, in our sole discretion). For purposes of this Section 4, the term “Inactive” means that, based on our records: (a) for a period of two (2) years, or more, you have not logged into your Company account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. Coins that are obtained on a promotional basis, or otherwise without charge, may expire, be redeemed or removed from your account or be subject to other limitations at our sole discretion, including without limitation the actions described above if your account becomes inactive or is deactivated.
Further, we may suspend or otherwise limit your access to your Coins if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your Coins account balance, your right to use your Coins account balance immediately ceases.
We may limit your use of the Coins service by applying limits to: the number of Coins you may have credited to your Coins account balance at one time; the number of Coins you may redeem within a given time period (for example, one day); the number of promotional Coins you may obtain in a single event; and other features and uses determined by us in our sole discretion.
If we post Coins to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those Coins from your account. You must ensure that we properly post your Coins to your Coins account. If you believe that you have validly acquired Coins that we have not posted to your Coins account, you must contact us within one hundred twenty (120) days after the date you claimed to have acquired those Coins. We may require reasonable documentation to support your claim.
The existence of a particular Virtual Good available for redemption with Coins is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.
While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or Coins or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, Coins as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, click here (make sure you choose the topic “Billing Questions” in the form). You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.
ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, INCLUDING COINS AND VIRTUAL GOODS, ARE PROVIDED “AS-IS” AND THE COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY VIRTUAL GOODS OR COINS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S AND ITS LICENSORS’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Last Updated on November 8, 2021
Updates in this version: Section 4 DISCLOSURES OF YOUR PERSONAL DATA
If you have any questions or comments about this Privacy Notice, please contact us at firstname.lastname@example.org
Welcome to the Zoosk community! At Zoosk, we value your privacy and trust, so we’re providing you with this Privacy Notice (“Notice”) about how we handle your data, who we share it with, and your rights around the data. This Notice applies when you use our services through our websites linked to this Notice, as well as our products, features, and applications (including our mobile applications, downloadable products and applications and pages operated by us on social networking sites and other platforms) (collectively, the “Services”).
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
If you are a resident of the State of Nevada in the United States: Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at email@example.com.
This Notice is provided in a layered format so you can click through to the specific areas set out below.
6. CONTACT US
This Notice is issued on behalf of Zoosk, Inc. (the “Company”) and any affiliated entities (the “Company Group”), so when we mention the “Company”, “we”, “us” or “our” in this Notice, we are referring to the relevant company in the Company Group responsible for processing your data and not you as a customer
The Company is the controller and primarily responsible for the Services. The Company, however, is not responsible for the practices of companies that we do not own or control, such as companies we partner with for certain services like Zoosk Live or Zoosk Great Dates.
We restrict the use of our Services to individuals age 18 and above. We do not intentionally collect or maintain personal data from children under the age of 16. If you become aware that personal data about a person under 16 has been provided to us, please immediately contact us at firstname.lastname@example.org.
The Services may include content or links from third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the terms of services and privacy notice of every website you visit.
When we use the term “personal data” or “personal information” in this Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, to you. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to you.
We may collect, use, store and transfer different kinds of personal data about you that we have categorized as follows:
1. Information You Provide. When you register, use or subscribe to any of our Services or take part in any interactive features of the Services (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we may collect a variety of information, including:
1. Contact Information such as your name, email address, phone number, and address (“Contact Information”); and
2. Sensitive Information such as race, ethnicity, sexual preferences and experiences, political affiliation, religious affiliation, union memberships, or any biometric information you provide through the use of our Services (your “Sensitive Personal Data”).
3. Other Information such as birth date, videos, password, billing information, credit card information, demographic information, place of work or education, your personal interests and background, gender, age, dating age range preference, physical characteristics, personal description, life experiences, geographic location, your photos and any information derived from them, and any other information you share with the Services. We may collect billing or payments information if you engage with a paid Service.
2. Information About How You Use the Services. We may automatically collect information about your participation and actions on the Services. This may include information such as the pages and profiles you view, how you browse the Services, dating insights, your Company coin balance and purchases you make through the Services such as boosts and gifts. It can also include the various functions and features that you use, the connections you make, other friends or contacts you invite to the Services and profile searches you perform or your use of our applications.
6. Your Communications with Us and Other Users. We collect communications you send to us (such as emails), comments that you post on the pages we have on a third-party service, such as our Instagram, Twitter, Facebook, Pinterest, Tumblr, and YouTube pages and messages that you send us directly through those services. We may also collect and analyze any comments, photos, messages or other content or communications you and other users share on the Services or send to each other, including through in-app messages, chat or other functionalities.
7. Third-Party Social Networking Sites You Connect to the Services. When you have enabled the use of our Services through a third-party social networking site or mobile or other application such as Facebook, Google or Twitter (a “Social Networking Site”) or connect or link our Services to a Social Networking Site, you permit us to access and use certain information about you that is made available to us through or from that Social Networking Site. The information obtained by us varies by Social Networking Site and may be affected by the permission and privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, public Facebook profile, network, gender, username, user ID, age range or birthday, place of work, relationship interests, language, location, country, interests, photos, photos you are tagged in, videos, contacts list, friends lists or followers and other information such as information about Facebook friends you might share in common with other members of the Services. By using or linking our Services through or with a Social Networking Site, you are authorizing us to collect, store, retain and use, in accordance with this Notice, any and all of your information that we have obtained from the Social Networking Site, including to create a profile page and account for you. Depending on the Social Networking Site and your privacy settings, we may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms, such as tapping “Okay”) our application from a Social Networking Site, when you go to a Social Networking Site from the Services, when you sign up or login to the Services through a Social Networking Site (such as by tapping “Sign up with Facebook” or “Log in with Facebook” on the Services), when you otherwise connect or link your Social Networking Site to our Services or when you transfer information to us from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that we are not responsible for, and have no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about us that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services.
8. Location Data. We collect information about your location through GPS, Wi-Fi, wireless network triangulation, or other methods in order to obtain your location for the purposes of providing our Services. We may also approximate your location by your IP Address. In some cases, we assign the latitude and longitude of the center of a city or state on record for you to your profile as a way to improve our analytics and matches for you.
9. Social Networks Through Your Interactions. When you interact with our Services through various social media networks, such as when you “Like” us on Facebook or when you follow us or share our content on Facebook, Twitter, LinkedIn, Instagram or other social networks, we may receive some information about you that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before linking or connecting them to our Services.
10. Information Provided by the Company Group. We may receive information about you from other companies and affiliates in the Company Group, so that information you provide may be used by us to provide you the Services, communicate with you or provide you advertisements or other personalized content.
11. Information Provided by Others. We may be provided with information relating to you or your conduct on the Services by other users of the Services. For example, we will collect your email address if another user tries to refer us to you. We also collect information that third-party organizations may provide to us, such as contact details, demographic information, credit reference or fraud prevention information. Financial institutions or payment processors may also provide us updated payment information or payment methods related to your paid account or paid subscription and services.
12. Address Book. We may also offer you the ability to import your address book contacts from your mobile device with your permission or to manually enter email addresses so that you can (i) locate your contacts on the Services or other products or services offered by us; or (ii) invite your contacts to join you on the Services or other products or services offered by us. We will store those contacts for purposes of alerting you when your contacts join the Services or other products or services offered by us at a later time, so that you may connect with them on our platform, and to suggest friends and connections to other members of the Services or other products or services offered by us.
We also collect, use and share aggregated, deidentified and/or anonymous data (“Aggregated Data”) for any purpose. Examples include aggregated statistical or demographic data or data provided in hashed, non-human readable form. For example, we may aggregate your usage data on how you use the Services (“Usage Data”) to calculate the percentage of users accessing a specific website feature. Aggregated Data may be derived from your personal data but does not directly or indirectly identify you and therefore does not amount to personal data.
If you log in to your account with us using multiple devices (for instance, your phone and laptop), we will link your devices to your account. This allows us to provide a seamless user experience to you. We also work with third parties to employ technologies, including the application of statistical modelling tools, which attempt to recognize you across multiple devices so that we understand how you use our Service across various devices, to ensure the safety and security of your data and the Company Services, to show you targeted advertising (with your consent) tailored to your interests and experience, and to measure the performance of advertising campaigns.
Where you do not provide the personal data detailed in this Notice, we may not be able to provide you with the Services.
Generally, we will use your personal data in the following circumstances:
· To process your registration on our services, including verifying your information to ensure its accuracy and validity.
· To fulfill your purchases (e.g., to process credit card payments in connection with your transaction) and fulfill your requests (e.g., to provide you with information that you request).
· To personalize your experience and customize content on our Services relevant to your interests, including but not limited to targeted offers and ads through our website, email, social media channels, third-party sites or on other devices you may use.
· To operate, maintain and provide to you the features and functionality of the Services.
· To send you important information regarding the Services, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the services, you may not opt out of receiving such communications.
· To inform you of products, features, programs, services, and promotions that we believe may be of interest to you, including, without limitation, adding you to our email/mailing lists and permitting you to participate in sweepstakes, contests and similar promotions.
· To help maintain the safety, security and integrity of our service, technology assets and business.
· For our internal business purposes, such as data analysis, customer research, audits, fraud prevention, developing new products and/or features, enhancing the Services, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns, including to inform our machine learning for purposes such as user engagement.
o Where we need to perform the contract we are about to enter into or have entered into with you for the Services.
o Where you have given consent for us to use your personal data and your sensitive personal data to provide certain Services (you may withdraw your consent for some uses of the data at any time by contacting us at the information provided below).
o Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
o For purposes disclosed at the time you provide your personal data or as otherwise set forth in this Notice.
We have set out in the table below a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so.
Please Contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one legal basis has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new member||(a) Profile Data, such as name, age, sexual orientation, marital status, number of children, and location (b) Contact Data such as email address, phone number, or social media user account, as limited by your privacy settings (c) Data from Social Networking Sites (If you use Facebook or Google to log-in to the Company Services), including any interests or other data imported from your Social Networking Sites (d) Technical Data, such as device ID or IP Address, including timestamps||(a) Performance of a contract with you (b) With your consent in the case of sensitive personal data|
|To provide the Company Services to you, including: (a) Maintaining a profile, answering questions, and providing information about yourself; (b) Analysing your personal data to match you with other users; (c) Allowing you to communicate with other users of our platform to make a match; and (d) Enabling you to purchase subscriptions and premium add-ons to enhance your opportunities to make a match with other users of our platform.||(a) Profile Data, such as name, age, sexual orientation, race, marital status, number of children, and location (b) Contact Data such as email address, phone number, or social media user account (c) Data from Social Networking Sites (If you use Facebook or Google to log-in to the Company Services), including any interests or other data imported from your Social Networking Sites (d) Transaction Data, including, if applicable depending on your payment mechanism, your credit card, expiration date, name, address, transaction ID, timestamps, email address, bank account, and routing number (e) Communications Data, including the content of messages, the name and ID of the recipients of the communications, the timestamp, IP address and/or Device ID of the parties to the messages (f) Photos, including various analytics and scoring results (g) Usage Data (h) Analytics and other scores used to make matches with other users of our platform (i) Technical Data||(a) Performance of a contract with you (b) With your consent (with regard to your Sensitive Personal Data)|
|To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Communicating with you||(a) Profile Data (b) Transaction Data (c) Contact Data (d) Communications Data (e) Photos (f) Usage Data||(a) Performance of a contract with you (b) Necessary to comply with a legal obligation14|
|To enable you to partake in a prize draw, competition or complete a survey||(a) Profile Data (b) Contact Data (c) Usage Data (d) Any information, content, or submissions required as set forth in the contest rules when published||(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)|
|To administer and protect our business, the Company Services, this website and your personal data (including security, fraud, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Profile Data (b) Contact Data (c) Technical Data (d) Usage Data (e) Communications Data (f) Third Party Data provided to us by trusted partners, including proprietary scores, red flags, demographic information, usage data, and other information used to determine whether a Company account is being used improperly, accessed by an unauthorized third party, or represents a security or fraud risk to our community||(a) Necessary for our legitimate interests (for running our business, providing administration and IT services, cybersecurity, preventing fraud and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation|
|To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||(a) Device ID (b) IP Address (c) Location (at country, state, city, or postal code level) (d) Gender (e) Age (f) Technical Data such as OS version, hardware type, software type. (g) Cookies, pixels, or advertising tags (h) Usage Data (i) a hashed version of your e-mail address||(a) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) (b) With your consent for targeted advertising and profiling to serve more accurate advertising content to you.|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Profile Data (b) Usage Data (c) Technical Data (d) Communications Data||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To respond to requests from law enforcement||(a) Profile Data (b) Transaction Data (c) Usage Data (d) Communications Data (e) Location Data (at country, state, city, or postal code level) (f) Technical Data (g) Any other information we are compelled to provide by law||Necessary to comply with our legal obligations|
Where you have interacted with us, we will send you marketing communications from time to time. Such marketing communications are usually sent by email or text (SMS). If you do not want to receive such marketing communications, you have the opportunity to inform us by selecting certain boxes when we collect your personal data.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may choose to opt out of receiving marketing communications from us at any time by going into your account settings. You may also select the “unsubscribe” link in the communication we send to you.
When you receive communications from us, including marketing communications, we may share your personal data with third party companies who help us conduct marketing activities. For example, we may use a third party to help us send email messages to you and help us understand how you have interacted with that email.
We will generally only use your personal data for the purposes for which we collected it.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Our Services allow you to share information about yourself with other individuals and other companies, including other users and potential users of the Services or other products or services offered by us, our service providers, and third-party Social Networking Sites. Consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile, as profiles include basic information that was provided at registration and information provided through a Social Networking Site and may include other information added by you or your friends (for example, your religion, ethnicity and physical characteristics), as well as information about your use of the Service (for example, whether you were recently logged in to our platform). Please review our Online Dating Safety Guide for tips in using our Services.
Information on your profile is viewable by other users or visitors to our Services and may also be viewable through public search or on third-party sites that you use. We do not control who reads the information you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal data. Also, when sharing information about others, please consider their safety and privacy and get their consent for that sharing.
We may also share your personal data with the parties set out below for the purposes in the table above.
· With our parent company, Spark Networks, Inc. and other affiliates within the Spark Networks Group of companies (which includes any affiliates and subsidiaries of Spark Networks, Inc. and Spark Networks Services GmbH) in order to provide you with the Services.
· Services Providers, consultants and other vendors who perform functions or services on our behalf and under our instructions to make our Services and features available and operable to you, including infrastructure partners (such as AWS), customer support service providers, marketing outreach and analytics service providers, safety check providers, payment providers, cybersecurity partners, anti-fraud analytics companies, payment providers, chargeback representation services, and service providers we partner with in order to provide you with certain features. These providers agree to adhere to confidentiality obligations consistent with this Notice and the agreements we enter into with them.
· Advertising networks and technology companies, including Google, Facebook and Twitter, and companies that measure advertising performance and attribution. We share personal data with advertising networks or permit these networks to collect information from you directly on our websites to facilitate online advertising, such as search engines and social network advertising providers, to serve targeted ads to you or to groups of other users who share similar traits, such as likely commercial interests and demographics, on third-party platforms. For more information, including how to opt out of interest-based advertising, please read our Cookie Notice.
· Promotional partners with whom we partner to provide contests and sweepstakes or other joint promotional activities. These partners will usually be identified in the contest rules or promotional materials.
· Social Networks, to the extent applicable, such as Facebook and Google, where you have given permission to do so or where you have used your social network account to log in to our platform. If you have chosen to do this, your data will be governed by the privacy notice of that social network.
· The public when you provide feedback or post user content on our Services (e.g., if you post a product review on our website or comment on our social media sites), your information (e.g., your first name and comments) may be displayed on our websites or on our social media pages. When you engage with us on social media, we may tag your social media account or the social media account of others (e.g., to give photo credit to another user).
· In connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
· With your consent or at your direction. In addition to the sharing described in this Notice, we may share information about you with third parties whenever you consent to or direct such sharing.
· We may also share Aggregated Data with third parties.
· User ID
· Profile image
· User images
· First name
· Display name
· About Me
Optional Additional Data:
· E-mail address*
· Looking for
· Body type
*You acknowledge that Zoosk may share your email address with the Meet Group, Inc. in order to contact you should you win a contest on Zoosk Live.
When using Zoosk Live, you may be visible to users from other dating and social platforms outside of Zoosk. For a list of those current Live partners, please click here.
For additional disclosures and rights you have under the California Consumer Privacy Act (“CCPA”), please visit our CCPA privacy notice.
Our full details are:
3400 N. Ashton Blvd, Suite 175
Lehi, UT 84043
This Notice does not create rights enforceable by third parties or require disclosure of any personal data relating to users of the Service.
We reserve the right to modify this Notice from time to time. If we make changes to this Notice, we will change the “Last Revision” date above and will post the updated Notice on this page.
The language of this Notice is English. Where we have provided a translation of the English version of this Notice, you agree that the translation is provided for your convenience only and that the English language version of this Notice will govern your relationship with us. If there is any contradiction between what the English language version of this Notice says and what a translation says, then the English language version will take precedence.
Effective Date: March 27, 2020
Unless otherwise expressly stated, capitalized terms in this Notice have the same meaning as defined in the Privacy Notice.
Scope of Notice
What Are Cookies and Related Technologies
Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
What We Collect When Using Cookies
Third-party partners and providers may also collect personal information about your online activities over time and across different websites when you use our websites and online services.
What types of cookies does the Company use?
|Strictly Necessary Cookies||These cookies are essential to make our website work. They enable you to move around our site and use its features. Without these cookies, services that are necessary for you to be able to use the site such as accessing secure areas can’t be provided. These include cookies used to authenticate users during log-in.|
|Analytics Cookies||These cookies collect information about how people are using our website, for example which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. These cookies don’t gather information that identifies you. All information these cookies collect is grouped together with information from other people’s use of the website on an anonymous basis. Overall, these cookies provide us with analytical information about how our website is performing and how we can improve it.|
|Functionality Cookies||These cookies allow us to remember choices you make and tailor our website to provide enhanced features and content to you. For example, these cookies can be used to remember your username, language choice or country selection and they can also be used to remember changes you’ve made to text size, font and other parts of pages that you can customize. In addition, they may be used to provide services you’ve asked for such as using our chat program.|
|Advertising Cookies||These cookies are used to deliver advertisements on our Service and applications and to deliver advertisements on other sites and/or mobile applications to users that have visited or used our website or services, or to deliver advertisements that are more relevant to you and your interests. These cookies are also used to limit the number of times you see an advertisement as well as help measure and report the results and effectiveness of an advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertisers. This means you may see advertisements on our Service based on your activity elsewhere on the Web and after you have been to our Service you may see advertisements about our services or other services elsewhere on the Internet or on other devices you use.|
|Fraud Prevention Cookies||These cookie files, flash storage tokens, smart phone SDK applications, or other software on the end user’s device contain a unique identifier. Subsequently, in transactions between you and us, that identifier is accessed and checked through third party databases to determine if the device has been associated with suspected fraud or abuse reported by other online service providers in connection with prior transactions involving that device.|
Third Party Data Collection & Interest-Based Advertising
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our services, on other websites, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”), which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider. See “Your Choices About Online Ads”, to learn more about interest-based advertising.
Social Media Widgets and Advertising. Our services may include social media features, such as the Facebook Like button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks. You may learn more about advertising preferences by clicking on the links provided below. Please note that these links are provided for your convenience only and we do not control the content or features that may be available on these third party services.
· Facebook. To learn more about your advertising preferences on Facebook Companies, click here.
· Twitter. To learn more about privacy controls for personalized ads on Twitter, click here.
· LinkedIn. To learn more about advertising preferences on LinkedIn, click here.
Third Party Partners. The following is a sample of the third-party service partners we work with to provide advertising services. We will strive to update this list if or when we work with new partners which offer you choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
· Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our websites or services on your browser or mobile device, log in to your account on our services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
How We Use That Information
We use or may use the data collected through cookies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit our websites and online services; (b) provide and monitor the effectiveness of our websites and online services; (c) monitor online usage and activities of our websites and online services; (d) diagnose errors and problems with our websites and online services; (e) otherwise plan for and enhance our online services; and (f) facilitate the purposes identified in the How We Use Your Personal Data section of our Privacy Notice. We and our advertising partners also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver ads and information about products and services that may be of interest to you.
Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.
Your Choices About Cookies
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Your Choices About Online Ads
Controlling Cookies and Tracking Technologies. Most browsers allow you to adjust your browser settings to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Blocking or deleting cookies may negatively impact your experience using the Service, as some features and services may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all tracking technologies. You may set your e-mail options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you viewed or engaged with our emails.
Interest-Based Advertising. We support the self-regulatory principles for online behavioral advertising (Principles) published by the Digital Advertising Alliance (DAA). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.
If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.
Updates to This Cookie Notice
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Effective Date” at the beginning of this Notice. If we make material changes to this Notice, we will notify you by email to your registered email address, by prominent posting on this website or our online services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
If you have any questions or requests in connection with this Cookie Notice or other privacy-related matters, please first send an email to email@example.com
Alternatively, inquiries may be addressed to:
3400 N. Ashton Blvd, Suite 175
Lehi, UT 84043
This section applies to you if you are a resident of the state of California. California law requires us to disclose certain information regarding the categories of personal information we collect. For purposes of this section, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope, such as personal information covered by certain sector-specific privacy laws, such as HIPAA, the FCRA, the GLBA or the Driver’s Privacy Protection Act of 1994. This section does not apply to information relating to our employees, contractors, applicants and other personnel.
Collection of personal information. In the last 12 months, we have collected the following categories of personal information:
|Category of Personal Information||Collected|
|Identifiers, such as name, nickname or pseudonym, email address, address, telephone number, zip code, account name and password, or other similar identifiers.||✔|
|California Customer Records (Cal. Civ. Code § 1798.80(e)), such as bank account information, credit or debit card information, or any other financial information.||✔|
|Protected Classification Characteristics, such as ethnicity, age, religion, gender and sexual orientation.||✔|
|Commercial Information, such as your purchasing and ordering behavior.||✔|
|Internet/Network Information, such as device information, log, and analytics data.||✔|
|Geolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g., latitude and/or longitude).||✔|
|Sensory Information, such as pictures of you and recordings of phone calls between you and us, where permitted by law.||✔|
|Profession/Employment Information, such as current occupation and income, job history and experience.||✔|
|Other Personal Information, such as information you post on our applications or on social media pages, including pictures or videos of you, or other information you submit to us. We also collect information from the dating profile you create, such as level of education and colleges or universities attended, political views, details about your physical appearance, and partner preference information.||✔|
|Inferences, including information generated from your dating profile, as well as any of the information above and your use of our services.||✔|
Sources of personal information. We collect personal information about you from one or more of the following categories of sources:
· Directly from you
· Indirectly from you
· Our business partners and affiliates (including service providers)
· Third parties you direct to share information with us, such as third-party social networks
· Social network services
· Spark Networks Group (defined below)
· Your browser or device
· Generated or derived from other personal information
Please note: In addition to the categories of sources identified above, we may collect information from publicly available sources and other third-party information providers in order to supplement the information we have otherwise collected.
Purposes for collecting personal information. We collect personal information from and about you for a variety of purposes. For example, we use personal information to fulfill your requests, process your transactions and provide our Services to you; to communicate with you; for marketing and advertising purposes; to monitor, improve, and develop our products and Services; and to protect the security and integrity of our business, comply with legal requirements and obligations; for our business and operational purposes; and as otherwise permitted or required by law.
To learn more about the types of personal information we collect and the purposes for which we collect this information, please refer to How We Use Your Personal Data section of the Privacy Notice.
Disclosure of personal information. We share personal information with a variety of third parties for business purposes. The categories of third parties to whom we disclose your personal information for a business purpose include: (i) other companies owned or controlled by our parent company, Spark Networks, Inc., and other affiliates within the Company Group of companies; (ii) our service providers and advisors; (iii) security providers; (iv) ad networks and advertising partners; (v) analytics providers; (vi) social networks; (vii) other Zoosk users; and (viii) third parties at your request. To learn more about how we disclose personal information to third parties, please refer to the Disclosures of Your Personal Data section of the Privacy Notice.
In the previous 12 months, we have disclosed all of the categories of personal information we collect, explained in the table above, to third parties for a business purpose.
We do not “sell” personal information, as that term is defined based on our understanding of the CCPA and its implementing regulations. Specifically, we do not sell personal information, such as your name, email, or other information that identifies you personally, to third parties for monetary or other valuable consideration. If we exchange personal information with third party partners for monetary or other valuable consideration in the future, we will take steps to avoid activities that could be considered a “sale” of California consumer personal information, such as by seeking consent or by excluding California residents from such promotions or activities.
However, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect personal information (including Internet/Network Information, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and they may sell that information to other businesses for advertising and other purposes. By visiting www.privacyrights.info or www.optout.privacyrights.info, you can opt out from sales of this type of personal information by businesses that participate in the opt out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices. You can also learn more about how you can manage cookies and tracking technologies in our Cookie Notice.
Your Rights and Choices. As a California resident, you may be able to request to exercise the following rights:
· The Right to Know any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
o The specific pieces of personal information we have collected about you;
o The categories of personal information we have collected about you;
o The categories of sources of the personal information;
o The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
o The categories of personal information we have sold and the categories of third parties to whom the information was sold; and
o The business or commercial purposes for collecting or selling the personal information.
· The Right to Request Deletion of personal information we have collected from you, subject to certain exceptions.
· The Right to Opt Out of Personal Information Sales to third parties.
You also have the right to be free of discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our Services or engage with you in the same manner.
To submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
To exercise your California Consumer Rights, please submit a request by:
· Emailing firstname.lastname@example.org with the subject line “California Rights Request,” or
When submitting a request, please describe your relationship with us and your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Minors. If you are under the age of 18, you may not download or use Zoosk. We do not knowingly collect, maintain, share, or sell the personal information of consumers younger than 18 years of age. Please contact us immediately at email@example.com to inform us if you, or your minor child, are under the age of 18.