Effective Date: June 1st, 2024
Your Acceptance
IMPORTANT! These Terms of Use, all linked documents and disclaimers on the pages of DatingPsychos.com (collectively, “Terms” or “Terms of Use”) are legally binding on you, so please read them carefully. These Terms apply to you whether you have registered an account on DatingPsychos.com (“Site,” “we,” “us,” or “our”) or are simply visiting the Site. The date these Terms have been modified last is indicated at the top of this page. We may periodically update these Terms at our sole discretion without prior notice to you, so please check back periodically because your visits following the Effective Date constitute your acceptance of the updated Terms. If you do not agree to these Terms of Use or any of the aforementioned documents that are hereby incorporated herein by reference, you must exit the Site.
Neutral Venue
The Site is a neutral provider of an interactive computer service for publishing information submitted by others. Therefore, the Site is immune from liability for published content pursuant to Section 230 of the Communications Decency Act of 1996, codified at 47 U.S.C. В§ 230. THE SITE IS not liable for any MONETARY, property OR REPUTATIONAL damage, bodily injury or death of the Site user or any third party. TO THE FULLEST EXTENT PERMITTED BY THE LAW OF APPLICABLE JURISDICTION, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED. Under no circumstances will the Site be liable for any amounts exceeding the fees collected by us, IF ANY.
Intellectual Property
(1) General. Site contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) are protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.
(2) License to Your Content. You retain intellectual property rights to the content you submit to the Site, provided however that by submitting any content, you grant the Site a worldwide, royalty-free, non-exclusive, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that content, including without limitation for promoting the Site in any media formats and through any media channels. You represent and warrant that you possess (and will continue to possess) all necessary licenses, rights, consents, and permissions necessary to use your content as contemplated by these Terms.
(3) DMCA. The Site respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Website if such claims are reported to our designated DMCA Copyright Agent at [email protected]. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Your Representations, Warranties and Responsibilities
By visiting or using the Site, you represent, warrant and agree that:
(1) You are of legal age and capacity to form a binding contract in your jurisdiction.
(2) All content you submit to the Site must conform to the Submission Guidelines and you acknowledge that any personal information you submit to the Site is governed by the Privacy Policy. You acknowledge that posting content in violation of any law in your jurisdiction may potentially subject you to civil and criminal liability.
(3) All user content is provided “as is,” without warranties of any kind whatsoever. We do not monitor, approve, edit, sanction, encourage, verify or agree with any user submitted content.
(4) You will only use the Site for personal, non-commercial purposes. Your access to and use of the Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or law.
(5) You will not use the Site for any illegal purpose. You must not copy, transmit, modify, create derivative works of, publicly display, publicly perform or republish any of the material on the Site, except as permitted by these Terms for personal permissible use.
(6) You may be exposed to information, images and videos you may find objectionable, lewd, indecent, vulgar or offensive.
(7) You will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
(8) You will not use the information contained on the Site for the purposes of competing with the business of the Site or any of its affiliates.
(9) You will not send, or procure the sending of, any advertising or promotional material, or any unsolicited communication without our prior written consent.
(10) You will not use any device, software or routine that interferes with the proper working of the Site or interferes with anybody’s use of the Site.
(11) You will not use any automated or manual software or processes to “crawl” or “spider” any of the Site’s pages to collect site usage statistics, pricing data, information about users, etc.
(12) You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Indemnification, Liquidated Damages
(1) Indemnification. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from the content you submit, your violation of these Terms of Use or your use of the Site, including, without limitation, any submission, use of or reliance on the Site content.
(2) Liquidated Damages. In the event of a material breach of these Terms, including without limitation the content you submit, we shall be entitled to liquidated damages from you in the amount of $10,000 (Ten Thousand Dollars) per breach. You agree that this amount is not a penalty but a reasonable estimate of the damages that would result from a breach, and such damages would be impractical or impossible to calculate. In the event that legal action becomes necessary for the enforcement of all or any part of these Terms or to collect the liquidated damages provided for herein, we shall recover reasonable attorneys’ fees in addition to any other damages or relief awarded. You acknowledge that in the event of a breach, we shall be entitled to recover injunctive relief as well as liquidated damages, and that the liquidated damages provision included herein does not provide us with an adequate remedy at law. You further acknowledge that remedies provided in these Terms of Use are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided by law, equity, statute, in any other agreement between the parties or otherwise.
Limitation of Liability
(1) ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(2) We do not warrant or make any representation regarding any Site content’s truthfulness, accuracy, completeness or reliability. We do not warrant that the functions contained in any content or your access to the Site will be uninterrupted or error-free, that any errors will be corrected or that the Site or the server which stores and transmits content to you are free of viruses or any other harmful component. You assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
(3) UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, LOSS OF GOODWILL OR REPUTATION, PERSONAL INJURY, PAIN AND SUFFERING, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN YOUR JURISDICTION.
(4) Under no circumstances will we be liable for any amounts exceeding the amounts actually paid to us, if any. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST us MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.
User Accounts
(1) Certain features of the Site, such as uploading content, are only available to users who register an account. By registering an account, you agree to only provide truthful, non vulgar, non offensive and not misleading information. You are responsible for maintaining the confidentiality of your login credentials. You agree to update your registration information as it changes. You must notify us immediately in the event you suspect any unauthorized use of your account.
(2) We reserve the right, using reasonable discretion appropriate under circumstances, to refuse registration to anyone or to terminate any user account for any reason. We have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, posts defamatory or otherwise objectionable content, threatens the personal safety of users of the Site or the public. We may:
Disclose your identity to any third party who claims that content submitted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Block violator’s IP address and/or notify his or her Internet Service Provider.
(3) Nevertheless, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Links
(1) The Site contains links to other websites, content or resources. We are not responsible for the content of those websites or resources, therefore, we disclaim all liability related to them. The Site contains paid advertising but all third party advertising (including referral buttons and embedded hyperlinks) does not constitute recommendations or endorsements by us or our affiliates. Please verify all information and advertising with independent sources and rely on that information at your own risk. Third party websites may be governed by their own terms of use and related documents which are different from our Terms, please verify directly at those third party websites.
(2) You may link to our Site, provided you do so in a way that is fair, legal and does not suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. You cannot frame our Site on any other site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Content Removal and Modification
As a neutral venue, we do not ourselves provide any forms of dispute resolution and do not verify the truth or accuracy of any content. We remove or modify content if ordered to do so by a court order or by a neutral third party arbitration service accessible via links from our Site. We reserve the right, but have no obligation, to remove or edit any content, including without limitation obscenities, foul language, threats and private information such as telephone numbers, addresses, social security numbers and credit/debit card numbers or any material we consider inappropriate for any reason.
Governing Law
These Terms of Use shall be governed by the laws of Michigan, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing said Convention do not apply to these Terms of Use.
Arbitration
We strive to provide speedy, cost effective and neutral means of resolving any disputes. Therefore, any controversy or claim relating to DatingPsychos.com shall be settled by binding non-appearance-based arbitration administered by an alternative dispute resolution (“ADR”) provider acceptable to all parties involved. If the parties cannot agree on which ADR provider to use, the claim shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any arbitration proceeding will be conducted over the telephone and/or online, based on the submission of documents and there shall be no in-person hearing. The arbitration shall be conducted by an arbitrator in Macomb County, Michigan who is approved or otherwise affiliated with the AAA. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
PARTIES UNDERSTAND THAT THEY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.
Miscellaneous
Independent contractors. The Site and you are independent contracting parties and there is no relationship of agency, partnership, joint venture or any similar association formed by your use of the Site.
Captions and Headings. The captions and headings of these Terms are for convenience of reference only and have no legally binding effect.
Prevailing Language. If we have provided you with a translation of the English language version of these Terms or any other documents, you agree that such translation is provided for your convenience only and that the English language version, not the translation, will be legally binding.
Severability. If and to the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
No Waiver. No term or provision in the Terms of Use will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.
Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
No Third Party Rights. These Terms of Use do not confer any rights on any third party.
Entire Agreement. These Terms of Use and all linked documents that are hereby incorporated herein by reference constitute the entire agreement between you and us, and supersede any other communications or advertisements with respect to the Site.
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