FallFor, Inc . / FallFor
This Terms of Service (“TOS”) is a legally binding agreement made by and between FallFor, Inc. d/b/a FallFor (“FallFor”, “fallfor.com”, “we”, “us”, and “our”) and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, “you”, “your”, “yours”). This TOS governs your access to and use of http://www.fallfor.com and related URLs (“Web Site”) and the services and online applications offered by FallFor on the Web Site and other Internet protocols (“Services”). This TOS will also apply to all visitors, users, and others who access the Web Site and use the Services (“Users”).
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, FallFor RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. IF FallFor MODIFIES OR AMENDS THIS TOS, WE WILL POST THE REVISED TOS ON THE WEBSITE. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE. WE WILL INDICATE AT THE BOTTOM OF THE AGREEMENT THE DATE THE AGREEMENT WAS LAST REVISED.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR REGISTER FOR THE SERVICE. YOU SHOULD REVIEW THE TERMS FREQUENTLY AS FallFor MAY REVISE THIS AGREEMENT AT ANY TIME BY POSTING THE REVISED VERSION OF THIS AGREEMENT ON THE SERVICE. YOUR CONTINUED USE OF THE SERVICE OR WEBSITE AFTER SUCH NOTICE CONSTITUTES YOUR CONSENT TO THE REVISED TERMS OF THE AGREEMENT.
FallFor DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR WEBSITE. FallFor DOES NOT MAKE ANY PROMISES OR WARRANTIES OF ANY KIND. FallFor NEITHER ADOPTS NOR ENDORSES, NOR IS FallFor RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY DATA, OPINION, ADVICE, OR STATEMENT MADE BY FallFor OR ANY PARTY OTHER THAN FallFor. UNDER NO CIRCUMSTANCES ARE WE TO BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR DATA OR OTHER CONTENT POSTED ON OR CONTAINED WITHIN THE SERVICE OR TRANSMITTED TO MEMBERS.
1. Using The Web Site or Service.
a. Eligibility. Unless otherwise provided below, Services and the Web Site may only be used by individuals who are at least 18 year of age or older. Your use of the Services will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. Under no circumstances may you use the Services, access the Web Site or provide any personal information about yourself to us if you are under the age of 18 years old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible.
b. Compliance. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web Site, and all applicable laws, regulations and rules when you use the Web Site.
c. License and Restrictions. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services and the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. FallFor will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense from materials or content available on the Web Site than as may be reasonably necessary to use the Services for their intended purpose and except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services. YOU WILL NOT USE ANY MANUAL OR AUTOMATIC DEVICE OR PROCESS TO RETRIEVE, INDEX, DATA MINE, OR, IN ANY WAY REPRODUCE OR CIRCUMVENT THE NAVIGATIONAL STRUCTURE OR PRESENTATION OF THE SERVICE OR ITS CONTENTS.
d. Right to Investigate and Terminate. FallFor may investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate (including conduct offensive to Our customer service personnel), or illegal, or otherwise violated this Agreement.
e. Violations. You will not imply that any of Your statements are endorsed by FallFor without FallFor's prior written consent. You will not interfere with or disrupt any portion of the Service or related servers or networks connected to the Service. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not use meta tags or code or other devices containing any reference to FallFor or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose. You will not modify, adapt, translate, sell, rent, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so. You will not post, email or otherwise transmit via the Service any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
g. Other Users. If you become aware of any conduct that violates this TOS, FallFor encourages you to contact firstname.lastname@example.org. FallFor reserves the right, but will have no obligation, to respond to such communications.
a. Registration. You must register, create a user account, or otherwise provide us with identifying information in order to use the Web Site or Services beyond accessing an initial landing page. We may update the Web Site from time to time, and reserve the right to create content or add features to the Web Site, access to which may require more identifying information or further, more extensive registration in the future.
b. Membership. Your membership, via registration or user account creation, which leads to access to the Website or Services is for Your personal use. You may not authorize third parties to use Your membership (including passwords and profiles) and You may not assign or otherwise transfer Your membership to any other person or entity.
c. Data. If You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by FallFor’s registration forms ("Membership Data"), and to maintain and update such information to keep it accurate, current and complete. You agree that FallFor may rely on Your Membership Data as accurate, current and complete. You acknowledge that if Your Membership Data is untrue, inaccurate, not current or incomplete in any respect, FallFor may terminate this Agreement and Your use of the Service, and You shall not be entitled to a refund of any unused fees or charges You have paid to FallFor (if any). Please note that FallFor does not verify information in Member profiles and FallFor has no control over, does not guarantee, and is not responsible for the quality, truth, accuracy, or legality of any user's Membership Data. All members are subject to United States law. A member shall not be located in a country covered by a United States embargo, including Côte-d'Ivoire, Cuba, Democratic Republic of the Congo, Iran, Republic of the Congo, Somalia, Myanmar, North Korea, Sudan, and Syria.
You further consent to receiving email communications initiated by FallFor or on FallFor's behalf, including: message notification emails, emails informing You about events and parties, emails informing You of changes to the Service and emails informing You of promotions provided by FallFor or third parties. If You respond to promotions that are provided by third parties and thereby disclose information to such third parties or any third party service providers or grant them permission to collect information about You, their use of Your information will be governed by such parties' privacy policies.
3. Fees. If you wish to use certain premium features of the Service You must become a subscriber and pay the fees that are set out in the price list made available via the Service. This price list is part of this Agreement and FallFor may, at any time, change any fees or charges for using the Service by posting new or revised fees or charges on the price list. All fees paid and purchases made via the Service are subject to the following terms: (i) all fees and purchases are final. No refund will be given for the unused portion of Your subscription even in the event that a Member chooses to suspend or cancel his or her membership or FallFor terminates Your membership due to a violation of this Agreement; and (ii) by purchasing a periodic (e.g., monthly) subscription service, unless You contact FallFor to cancel prior to the expiration of the current terms, You authorize FallFor to renew such subscription automatically at the end of every period and charge the credit card or debit card on file at the renewal rate in effect at the time to such service until such time as You instruct FallFor through its cancellation policy that You wish to modify Your account or cancel. FallFor reserves the right to bill You in smaller increments if billing upfront fails. For example, if an annual billing fails, FallFor may convert Your subscription to a monthly term with auto-renewal of the same term.
4. Term. The Term of the subscription is the length of time that You have selected, which term will be automatically renewed unless You modify Your account or cancel. If You cancel Your subscription, You are NOT eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If You have pre-paid for a certain period of services (for example if You paid a lump sum for 6 months of service), You are NOT eligible for a prorated refund of any portion of the pre-paid amount UPON cancellation. You may terminate Your membership at any time by contacting us at email@example.com.
5. Privacy and Security.
b. Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Your Actions.
a. Overview. The Web Site may contain links to third party web sites which enable you and other Users to communicate with each other directly, or which enable you and other Users to post information and other material that will be visible to other Users of the Services. Use of such sites is subject to the terms and conditions posted by the owners of such sites. To ensure a safe environment for all Users to freely participate and interact with the Web Site, you agree that all interaction with the Web Site by you may be used only for lawful purposes in accordance with these TOS.
b. Prohibited Conduct.
i. No Harassment. You may not transmit through the Web Site or otherwise use the Web Site or Services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. You may not otherwise defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites or services related to the Web Site.
ii. Unauthorized Activities. You may not use the Web Site or Services in a manner that: (a) involves, directly or indirectly, the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes; (b) permits unauthorized access to restricted or password-only access pages or hidden page or images (those not linked to or from another accessible page); (c) solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the Web Site or the Services for commercial or unlawful purposes; (d) involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) includes a photograph or video of another person that you have distributed without that person's consent; (f) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Web Site; (g) involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the Web Site, Services, or any computer software or hardware; (h) interferes with, disrupts, or creates an undue burden on the Web Site or the networks or services connected to the Services; (i) creates a risk of any other loss or damage to any person or property; may constitute or contribute to a crime or tort; or (j) assists any third party in engaging in any activity prohibited by this TOS.
iii. No Infringing Submissions. You may submit to FallFor for distribution on the Web Site only: (i) content that is owned by you or is in the public domain; or (ii) content in which the owner or licensor has given express authorization for you and FallFor to distribute over the Internet. You may not e-mail, transmit or otherwise make available any material that infringes, or otherwise use the Web Site to infringe, misappropriate, or otherwise violate, any copyright, patent, trademark, trade secret, right of publicity or other proprietary rights of any person or entity. FallFor is entitled to presume that any content submitted to us conforms to the foregoing requirements.
c. Mobile. FallFor may provide Services accessible on certain mobile devices for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data fees, may still apply.
7. Your Content.
a. Claims. By emailing or otherwise transmitting any content to FallFor, you accept that you will, and you hereby, automatically grant FallFor, or represent and warrant that the owner or authorized licensor of such content has expressly granted FallFor, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content in whole or in part worldwide and/or to incorporate such content into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the licensor of any content you submit to FallFor retains any and all rights which may exist in such content. You understand that submitting your content is not a substitute for registering it with the U.S. Copyright, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
b. Contacts. In order to connect with others on fallfor.com, You may use the services to send invitations either to their FallFor profiles or email addresses of people You know if they have not registered with FallFor. The names and email addresses of people whom You invite will be used to send Your invitations and reminders as well as to allow FallFor to help expand Your network. Please note that when You send an invitation to connect to another user, that user will have access to Your email address because it is displayed in the invitation. Your FallFor connections will also have access to Your email address. You may not invite anyone You do not know and trust to connect with You.
c. Maintenance. FallFor shall have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted on the Service. You acknowledge that features, parameters or services FallFor provide as part of the Service may change or be discontinued at any time without notice to You. FallFor reserves the right to sign out, terminate, delete or purge Your account and all information and content therein from the Service if it is inactive, meaning that You have not signed in to the Service for a period of time determined by FallFor.
d. Your Ideas. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FallFor under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, FallFor does not waive any rights to use similar or related ideas previously known to FallFor, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
e. Rights. As between You and FallFor, all intellectual property rights in and to the Service (other than content or information You post) are and shall be owned by FallFor. Those rights include database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights. All other trademarks, logos, service marks, company or product names owned by third parties and displayed in the Service are the property of their respective owners.
f. Use. Your profile and information may be used in printed publications, multimedia presentations, on websites or in any other distribution media without any right to inspect or approve finished product. You agree that You will make no monetary or other claim against FallFor for the use of Your information and photograph. You waive any and all moral rights and any similar rights with respect to such information and content in any jurisdiction in the world. Other members may post copyrighted information and You agree that You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such information posted by other members in violation of such members' proprietary rights. You agree to hold FallFor harmless and release FallFor from all claims, demands and causes of action which You Your heirs, representatives, executors, administrators or any other persons acting on the Your behalf or on behalf of Your estate have or may have by reason of this authorization.
8. Our Content.
a. Copyright. All materials and data on the Web Site and available through the Services, including without limitation, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by FallFor, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Copyright © 2013 FallFor, Inc. ALL RIGHTS RESERVED.
b. Trademarks. Product names, logos, designs, titles, and words or phrases used on any FallFor web site are owned by FallFor, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of FallFor. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Web Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
9. Intellectual Property Policy. FallFor respects the intellectual property rights of others and expects its users to do the same. FallFor may remove content that in its sole discretion appears to infringe on the intellectual property rights of others. If you believe that a user of the Web Site or the Services has infringed your intellectual property rights, please notify FallFor’s Intellectual Property Agent, and provide the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
b. An identification of the intellectual property claimed to have been infringed.
c. A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
d. Your address, telephone number, and email address.
e. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
f. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
FallFor’s Intellectual Property Agent can be reached at:
Attn: DMCA Complaints
11. Linking and Framing. You may not frame, inline link, or similarly display any FallFor content or property, including, without limitation, the Web Site.
12. Representations and Warranties. You represent and warrant to FallFor that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Web Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site, including this TOS.
13. Indemnification. You agree to defend, indemnify, and hold FallFor and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit, (ii) arising from, related to, or connected with your use of the Web Site or the Services, (iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. If you are obligated to provide indemnification pursuant to this provision, FallFor may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of FallFor.
You will defend, indemnify, and hold FallFor and Our officers, directors, agents, subsidiaries, affiliates, joint ventures, licensees, and employees harmless, for any losses, costs, liabilities and expenses relating to or arising out of Your use of the Service, including: (i) Your breach of this Agreement; (ii) any allegation that any information or content that You submit to FallFor or transmit to the Service infringes or otherwise violates the copyright, trademark, trade secret, patent or other intellectual property or other rights (including rights of privacy and publicity) of any third party; and (iii) Your activities related to the Service that occur outside of the Service.
FallFor is not responsible for the actions, content, information, or data of third parties, and you release Us, our directors, officers, employees, and any agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against such third parties.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
14. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
a. DISCLAIMER OF WARRANTIES. FallFor PROVIDES THE WEB SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. FallFor DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR SERVICES, OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, OR (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. FallFor MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEB SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. FallFor DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FallFor WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
b. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FallFor, ITS AFFILIATES, ASSOCIATES, PARTNERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM BREACH OF CONTRACT, WARRANTY, TORT OR STRICT LIABILITY FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF FallFor OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. LIMITATION OF LIABILITY. IN NO EVENT WILL THE LIABILITY OF FallFor IN CONNECTION WITH THIS TOS, THE WEB SITE OR SERVICES EXCEED $100. IN NO EVENT WILL FallFor BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FallFor OR FallFor'S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FallFor FOR THE SERVICE. FallFor DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE SERVICE. FallFor WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO YOUR COMMUNICATIONS WITH OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
FallFor SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, FallFor DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. FallFor DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE
d. ADDITIONAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.
e. International Use. The Web Site and Services are controlled and operated from facilities in the United States. FallFor makes no representations that the Web Site and Services are appropriate or available for use in other locations. Those who access or use the Web Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
15. Force Majeure. FallFor will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to FallFor to perform, fire, terrorism, natural disaster or war.
16. Disputes. In light of FallFor’s substantial contacts with the State of New York, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOS are resolved on a uniform basis, and FallFor’s execution of, and the making of, the TOS in New York, you agree that: (i) any claim, cause of action or dispute you have with FallFor and any litigation involving any noncompliance with or breach of the TOS, or regarding the interpretation, validity and/or enforceability of the TOS, must be filed and exclusively conducted in the state or federal courts in New York County, New York; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of New York, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in New York County, New York for these purposes. Any claim or dispute between you and FallFor that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York City, New York, unless submitted to arbitration as set forth in the following paragraph.
For any claim (excluding claims for violations of confidentiality, intellectual property, rights of publicity and privacy, or otherwise claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
17. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
18. Changes to the Web Site or Service. FallFor may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site or the Services, temporarily or permanently, at any time without notice to you, and FallFor will not be liable for doing so.
19. Termination. FallFor will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to the Web Site or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOS, or (ii) your violation of the rights of any third party.
20. Notices and Electronic Communications. All notices required by or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to FallFor, you must use the address shown on the Web Site. If FallFor provides notice to you, FallFor must use the contact information provided by you to FallFor. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
21. Additional Terms. This TOS contains the entire understanding of you and FallFor regarding the use of the Web Site and Services, whether oral or written, and supersedes all prior and contemporaneous agreements and understandings between you and FallFor regarding its subject matter. This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New York without reference to conflict of law principles. This TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of FallFor. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You and FallFor are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. FallFor's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, as referenced above, the other provisions of this Agreement shall remain in full force and effect.
Last revised on March 8, 2013.
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