Terms of Service
Last Updated: August 27, 2016
This is a legal agreement (“Agreement”) between you and ApoLeaf, LLC. (“we,” “us,” or “our”). By using our website, located at http://datee.mobi (“Website”), our mobile app, and/or other services we provide (collectively, “Datee” or “Services”) you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Datee services consist of a service for single people, including interactive content and community services such as Datee community. Datee may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Datee also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Datee in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old to use the Site and to register for the Services. By registering to the Services, you represent and warrant that you are at least 18 years old.
- Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. DATEE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Datee reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Datee is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through our service.
- No Guarantees. Datee may not be able to provide matches for everyone seeking to use its services. Further, Datee makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that Datee makes no guarantees, either explicit or implied, regarding your ultimate compatibility with individuals you meet through our service or as to the conduct of such individuals.
- Reporting of Violations. You will promptly report to Datee at firstname.lastname@example.org any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. Datee reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Datee will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- No False Information. You will not provide inaccurate, misleading or false information to Datee or to any other user. If information provided to Datee or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Datee of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Datee, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Datee $500 for each such unsolicited communication you send through the Services.
- Unique and Bona Fide Profile. As a Registered User of Datee, you will create only one unique profile. In addition, your use Datee must be for bona fide relationship-seeking purposes in order to maintain the integrity of Datee (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Datee may create test profiles in order to monitor the operation of the Services.
- Selection of Profiles. Our service provides exclusive matching, and your profile will be selected to introduce you to specific matches based on our algorithm. You will be under no obligation to meet with or communicate with the match(es) we may introduce to you.
- No Harassment of Datee Employees or Agents. You will not harass, annoy, intimidate or threaten any Datee employees or agents engaged in providing any portion of the Services to you.
- Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Datee, including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are "User Content"). Datee does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is Datee liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter. Under no circumstances will we be liable in any way for any User–Generated Content.
- Because we do not control the User–Generated Content posted on or through this Service, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User–Generated Content. You also agree and understand that by accessing this Site, you may encounter User–Generated Content that you may consider to be objectionable. We have no responsibility for any User–Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User–Generated Content posted, emailed, transmitted or otherwise made available on or through this Service. The User–Generated Content posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Datee or any person or entity associated with Datee.
Restrictions on User–Generated Content
You are not allowed to upload, post, transmit or otherwise make available:
1) any User–Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, sexually explicit, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
2) any User–Generated Content that constitutes or encourages activity illegal under criminal or civil law;
3) any User–Generated Content that is false, misleading, or fraudulent;
4) any User–Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5) any User–Generated Content that violates or infringes upon the rights of others, including User–Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
6) any User–Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
7) any request for or solicitation of any personal or private information from any individual;
8) any request for or solicitation of money, goods, or services for private gain;
9) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
10) any User–Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
11) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
12) violate any local, state, national or international law, rule or regulation.
Removal of content
In general: There is no tolerance for objectionable content posted by Users in Datee. Any such content will be promptly removed by Datee personnel as soon as discovered and the Service with such User will be terminated.
Violation of copyrights: Datee does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
- Ownership of Proprietary Information. You hereby acknowledge and agree that ApoLeaf, LLC is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, and profile questions. ApoLeaf, LLC owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Datee or third party proprietary information available via the Services or the Site.
- License to Posted Content. By posting information or content to any profile pages or public area of the Services such as Message Board, you automatically grant, and you represent and warrant that you have the right to grant, to Datee and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site or Services (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in areas other than those specifically designated for this information, or in any other communications you may have with other users. You may, at your discretion, exchange such information after you are mutually connected through the company’s private message line.
Disclosure By Law. You acknowledge and agree that Datee may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Datee’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Use of Anonymous Information for Research. By using the Services, you agree to allow Datee to anonymously use the information from you and your experiences through the Services to continue Datee’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
Disclaimer of Warranty
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DATEE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DATEE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. DATEE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Datee, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DATEE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DATEE. UNDER NO CIRCUMSTANCES WILL DATEE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Limitation of Liability
- Incidental Damages and Aggregate Liability. IN NO EVENT WILL DATEE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DATEE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Liability for Non-DATEE Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATEE 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, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. Datee and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Datee and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Datee, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Datee reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Datee in asserting any available defenses.
Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you e-mail us at email@example.com.
Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Datee may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Datee reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Datee by you will be nonrefundable and all outstanding or pending payments will immediately be due.
- Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration to any Services at any time during the term of such registration or subscription by emailing us at firstname.lastname@example.org.
- Controlling Law and Jurisdiction. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Delaware. You acknowledge and agree that any violation of this Agreement may cause Datee irreparable harm, and therefore agree that Datee will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Datee may have for a breach of this Agreement.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Datee at email@example.com as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Datee to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Datee.
Revision Date. This Agreement was last revised on August 27, 2016.