Last Revised: March 22, 2011
By submitting an order for our Virtual Goods or Zoosk Coins through our Services, you authorize Zoosk, 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 Zoosk 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 Zoosk Coins for use with our Services. We may charge fees for the right to use Zoosk Coins, or we may distribute the Zoosk Coins without charge, each in our sole discretion. When you redeem Zoosk Coins, we will redeem Zoosk Coins that you have purchased before redeeming Zoosk 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 Zoosk Coins.
Your Zoosk Coins will be stored in an account for you. The Zoosk Coins may be redeemed solely by Zoosk 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 Zoosk Coins based on your place of residence. For clarification, although you may buy Zoosk Coins via mobile services, the Zoosk Coins are not redeemable for content or services offered by any carrier.
While the Zoosk 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 Zoosk 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 Zoosk account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. Zoosk 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 Zoosk’s 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 Zoosk 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 Zoosk Coins account balance, your right to use your Zoosk Coins account balance immediately ceases.
We may limit your use of the Zoosk Coins service by applying limits to: the number of Zoosk Coins you may have credited to your Zoosk Coins account balance at one time; the number of Zoosk Coins you may redeem within a given time period (for example, one day); the number of promotional Zoosk Coins you may obtain in a single event; and other features and uses determined by us in our sole discretion.
If we post Zoosk Coins to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those Zoosk Coins from your account. You must ensure that we properly post your Zoosk Coins to your Zoosk Coins account. If you believe that you have validly acquired Zoosk Coins that we have not posted to your Zoosk Coins account, you must contact us within one hundred twenty (120) days after the date you claimed to have acquired those Zoosk Coins. We may require reasonable documentation to support your claim.
The existence of a particular Virtual Good available for redemption with Zoosk 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 Zoosk 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, Zoosk 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 ZOOSK COINS AND VIRTUAL GOODS, ARE PROVIDED “AS-IS” AND ZOOSK, 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 ZOOSK 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 ZOOSK COINS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF ZOOSK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOSK’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.