Singlez - Terms of Service
Singlefriends.com
This is a legal agreement ("Agreement") between you and Single Friendz, Inc., a Utah Corporation and owner operator of SingleFriendz.com (collectively the “Site“), which may be contacted at 3214 N. University Avenue, #604, Provo, UT 84604 USA.
By accessing the SingleFriendz.com U.S. web site, currently located at http://www.singlefriendz.com, and using any of its Services (as defined below) accessible through the Site, 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.
The SingleFriendz.com Site consists of the following, without limitation: a service for single people ("Singles Service"), and interactive content and community services ("Content Services") (collectively “Services“). The SingleFriendz.com Site 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. The SingleFriendz.com Site also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Single Friendz, Inc. in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of the Site and/or its 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.
Use of Site and its Services
Proprietary Rights
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors Disclaimer of Warranty
Limitation of Liability
Indemnification
Complaints / Law Enforcement Contact Communication and Privacy
Digital Millennium Copyright Act Notice Revision Date
1. Eligibility.
Minimum Age. You must be at least 18 years old to use the SingleFriendz.com Site and/or register for its Services. By using the Site and/or its Services, you represent and warrant that you are at least 18 years old.
Marital Status. By requesting to use, registering to use, or using the Site and/or its Services you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the SingleFriendz.com Site and/or its Services.
Criminal History. By requesting to use, registering to use, and/or using the SingleFriendz.com Site and/or its Services, 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.
SINGLE FRIENDZ, INC. DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS.
However, Single Friendz, Inc. reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
2. Use of Site and its Services.
As a user of the Site or a user registered to use any of its 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 Single Friendz, Inc. 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 its 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. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether your
usage of the Services is legal in your jurisdiction.
Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Site and/or its Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Site and/or its Services; and (iii) your interactions with other Registered Users through the Site and/or its Services. In addition to sharing your information with other SingleFriendz.com members/users, singles groups and singles events members/organizers, we may also make features available enabling our members to share your profile information, including photos, with members of their social network(s). your matches, we may allow your matches to share your profile information with members of their social network(s).
Risk Assumption and Precautions. You assume all risk when using the Site and/or its 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 the Site and/or its Services.
Reporting of Violations. You will promptly report to SingleFriendz.com any violation of the Agreement by others, including but not limited to, other Registered Member/Users.
Content Removal. Single Friendz, Inc. reserves the right, but has no obligation, to monitor the information or material you submit to the Site and/or its Services or post in the public areas of the Site. The Site 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.
Posting and Communication Restrictions. You will not post on the Site and/or its Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through its Services, that:
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or its Services;
is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission
first;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
intended to defraud, swindle or deceive other users of the Services; contains viruses, time bombs, trojan horses, cancelbots, worms or
other harmful, or disruptive codes, components or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots or other automated technology to access the Site or Services;
uses the Site or Services for chain letter, junk mail or spam e-mails;
collects or solicits personal information about anyone under 18; or is in any way used for or in connection with spamming, spimming,
phishing, trolling, or similar activities.
In addition to the above, when posting comments on the public Comment Sections of the Site, you agree to be responsible for insuring that any comments you make adhere to the following Community Comment Standards:
1. Be kind and respectful. Personal attacks or hate speech will not be tolerated.
2. Be welcoming, especially to new members. Anyone being rude to will be moderated.
3. Keep it clean. Profane or obscene language or photos will result in your entire post being removed.
4. No posts containing or encouraging spam, advertising, fraudulent/ illegal activity or personally identifiable information (email address, etc.). This includes potentially libelous or defamatory postings, material posted in potential breach of copyright, or any post encouraging violation of these Standards or the Site Terms of Service. Any such postings will be removed.
5. Respect the Site staff. While we appreciate legitimate feedback about our service and website, any post containing derogatory comments about SingleFriendz.com staff or members is considered a personal attack will be removed.
6. Do your best to communicate as clearly as possible. Be aware that you may be misunderstood, so be very clear about what you are saying. Do not type in all CAPS, as readers may consider this shouting. Divide your posts into paragraphs for easy reading, and go easy on the abbreviations, (ROTFL, YT? OMG) as this may limit your effectiveness communicating with other members/users.
Members who seriously, persistently or willfully ignore these Community Comment Standards, or Terms of will have their posting privileges revoked and will be considered in violation of this Agreement.
Our objective is to create and maintain a positive experience for our members/users, and we reserve the right to make decisions which we feel support that. Depending on the circumstances and the severity of the offense, in our sole we reserve the right to ban a user without prior notification.
No False Information. You will not provide inaccurate, misleading or false information to the SingleFriendz.com site, or to any other members/users. If information provided to the SingleFriendz.com Site or another member/user subsequently becomes inaccurate, misleading or false, you will promptly change and modify information previously submitted to the SingleFriendz.com Site by selecting the My Home/Edit Profile link and making said changes.
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 Site and/or its Services to contact, advertise to, solicit, or sell to any members/users without prior explicit written consent from Single Friendz, Inc. 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 Single Friendz, Inc., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Single Friendz, Inc. $100 for each such single unsolicited communication you send to any other single member/user through the SingleFriendz.com Site and/or its Services.
Unique and Bona Fide Profile. As a Registered User of the Site and/or its Services, you will create only one unique profile. In addition, your use of the Site and/or its Services must be for bona fide relationship-seeking purposes, and/or creating, posting and promoting singles groups and/or singles events for purposes of relationship-seeking.
Selection of Profiles. From time to time, your profile may be selected by SingleFriendz.com to bring you to the attention of other member/users. You will be under no obligation to meet with or communicate with the other members/users we may introduce you to, or introduce to you.
No Harassment of Single Friendz, Inc. Employees or Agents. You will not harass, annoy, intimidate or threaten any Single Friendz, Inc. employees or agents engaged in providing any portion of the Services to you.
Social Media. We may provide you the option to connect your SingleFriendz.com account to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, our members/users may be able to see information about your social network, such as the size of your network and your single friends, including common single friends. By connecting your SingleFriendz.com account to your account on any social networking site, you hereby consent to the continuous release of information about you to SingleFriendz.com. We will not send any of your SingleFriendz.com account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via you’re My Home/My Account Settings page.
Each social network may further allow you to set privacy controls around your information on their system, and the SingleFriendz.com Site collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
3. Proprietary Rights.
Ownership of Proprietary Information. You hereby acknowledge and agree
that Single Friendz, Inc. is the owner of highly valuable proprietary information, and hereby retains all proprietary rights in its Site and/or its Services, 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 SingleFriendz.com Site and/or its Services, without first obtaining prior written consent from Single Friendz, Inc., the owner of such proprietary rights located at the following address:
Single Friendz, Inc.
Attn: Designated Copyright Agent 3214 N. University Avenue, #604 Provo, UT 84604 USA
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 Single Friendz, Inc. or third party proprietary information available via the Services or the Site.
License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the SingleFriendz.com Site and/or its Services, or making it accessible to us by linking your SingleFriendz.com account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Single Friendz, Inc., the SingleFriendz.com Site and/or its Services, 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 in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your 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.
4. User Information.
Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on the
SingleFriendz.com Site Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of the SingleFriendz.com Site and/or Services Privacy Policy.
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 the Comment Sections of the SingleFriendz.com Site and/or Services or in any other public communications. You may, at your discretion, exchange such information after privately with other members/users.
Disclosure By Law. You acknowledge and agree that Single Frfiendz, Inc. 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 Single Friendz, Inc.’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.
Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Single Friendz, Inc. reserves the right, but has no obligation, to disclose any information that you submit to the Site and/or its Services, if in its sole opinion, Single Friendz, Inc. suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Single Friendz, Inc., in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Single Friendz, Inc. is permitted to make such disclosure.
Use of Anonymous Information for Research. By using the SingleFriendz.com Site and/or Services, you agree to allow Single Friendz, Inc. to anonymously use the information from you and your experiences through its Services to continue its research to improve the Site and/or its Services, and our customer service.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. The SingleFriendz.com Site and/or Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Single Friendz, Inc., and Single Friendz, Inc. is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. SingleFriendz.com provides these links to you only as
a convenience, and the inclusion of any link does not imply that Single Friendz, Inc. endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Site and/or its Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Singel Friendz, Inc. will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Single Friendz, Inc., the SingleFriendz.com Site and/or its Servies with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about how we use your information.
6. Disclaimer of Warranty.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVICES 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. SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVIES 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. SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVICES 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 Site and/or its Services, but not directly by Single Friendz, Inc, the SingleFriendz.com Site and/or its Services, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVICES 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 SINGLE FRIENDZ, INC. UNDER NO CIRCUMSTANCES WILL SINGLE FRIENDZ, INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SINGLEFRIENDZ.COM SITE AND/OR ITSSERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features. From time to time, Single Friendz, Inc. may offer new "beta" features or tools with which its users may experiment on the SingleFriendz.com Site and/or its Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Single Friendz, Inc.‘s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVICES 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 SINGLE FRIENDZ, INC. KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SINGLE FRIENDZ, INC.’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SINGLE FRIENDZ, INC., THE SINGLEFRIENDZ.COM SITE AND/OR ITS SERVICES FOR THE USE OF ANY SERVICES, THE AMOUNT OF US
$10.00 OR ITS EQUIVALENT.
No Liability for Single Friendz, Inc.’s Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SINGLE FRIENDZ.COM 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. Single Friendz, Inc. 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 Single Friendz, Inc. and its contractors will have no liability to you arising from any incorrectly verified information.
8. Indemnification.
You agree to indemnify, defend and hold harmless Single Friendz, Inc.com, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (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. Single Friendz, Inc. 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 Single Friendz, Inc. in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding Single Friendz, Inc., the SingleFriendz.com Site and/or its Services, law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to:
Single Friendz, Inc. Attn: Legal Department
3214 N. University Avenue, #604
Provo, UT 84604.
10. Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the SingleFriendz.com Site and/or its 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 Site and/or its Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the SingleFriendz.com Site and/or its Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Single Friendz,
Inc. may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Single Friendz, Inc. reserves the right to immediately suspend or terminate your access to the SingleFriendz.com site and/or any of its 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 SingleFriendz.com Site and/or its Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Single Friendz, Inc., the SingleFriendz.com Site and/or its Services by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to:
Single Friendz, Inc.
Attn: Cancellations
3214 N. University Avenue, #604 Provo, UT 84604 USA.
Following any termination of any Registered User's use of the SingleFriendz.com Site and/or its Services, Single Friendz, Ind. reserves the right to send a notice thereof to other Registered Members/Users which whom you have corresponded.
12. Cancellations.
Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing MY Home/My Account page, clicking on "Cancel My Subscription" or "Close Account" link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installation payment basis (such as three- part pay), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid. If your membership has been free, upon notice it will be cancelled immediately.
3-Day Cancellation. Regarding paid subscriptions for the SingleFriendz.com Site and/or its Services, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect.
This notice under this Section shall be sent to:
Single Friendz, Inc. Attn: Cancellations
3214 N. University Avenue, #604 Provo, UT 84604 USA.
Please include the e-mail address associated with your SingleFriendz.com account in this notice. For the SingleFriendz.com Site and/or its Services, the day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after Single Friendz, Inc.’s receipt of your cancellation notice.
Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all the Site and/or its Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
If you have prepaid any amount for the Site and/or its Singles, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
"Disability" means a condition which precludes you from physically using the Site and/or its Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Single Friendz, Inc.
If the physician determines that the duration of the disability will be less than six (6) months, Single Friendz, Inc. may extend the term of the Site and/or its Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
13. **RENEWALS**.
In order to provide continuous service, Single Friendz, Inc. automatically renews all paid subscriptions for the SingleFriendz.com Site and/or its Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation At AnyTime With No Refund" above.
14 Arbitration
Arbitration of Disputes. You and Single Friendz, Inc. agree that any disputes arising out of or related to the Site, its Services, this Agreement and/or any
policies or practices of Single Friendz, Inc. (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Single Friendz, Inc.’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Single Friendz, Inc. may elect to have resolved by means other than arbitration. Notwithstanding the above, Single Friendz, Inc. is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND SINGLE FRIENDZ, INC. AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO
COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
No Class Actions. YOU AND SINGLE FRIENDZ, INC. ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH
ANY DISPUTE WITH THE OTHE PARTY. Further, neither you nor Single Friendz, Inc. agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Single Friendz, Inc. in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
Enforcement. Any proceeding to enforce this arbitration agreement must be brought in any court of competent jurisdiction located in Salt Lake County, UT.
Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
15. General Provisions.
Right to Seek Injunction. Violation of this Agreement may cause Single Friendz, Inc. irreparable harm, and therefore agree that Single Friendz, Inc. 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 Single Friendz, Inc. may have for a breach of this Agreement.
Miscellaneous. This Agreement, which you accept upon registration for SingleFriendz.com Site and/or its Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Single Friendz, Inc. regarding the use of this Service, superseding any prior agreements between you and Single Friendz, Inc. related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated in writing by Single Friendz, Inc., the Agreement will survive termination of your registration to the Site and/or its Services. The failure of Single Friendz, Inc. to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16. 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 Single Friendz, Inc.’s copyright agent, 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 Single Friendz, Inc. 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 the following DMCA Agent:
Single Friendz, Inc.
Attn: Designated Copyright Agent
3214 N. University Avenue, #604 Provo, UT 84604 USA
18. Revision Date.
This Agreement was last revised on January 23, 2016
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Copyright © 2016 Single Friendz, Inc. All Rights Reserved.
