REPUBLICAN
SINGLES
TERMS OF
USE AGREEMENT
Last Revised: December 25, 2018
Questions and/or comments about this Terms of Use Agreement may be submitted in writing to: REPUBLICAN SINGLES, LLC., Attn: Customer Service – Terms of Use Agreement, PO BOX 6115, La Quinta, CA, 92248.
This Terms of Use
Agreement (the “Agreement”) constitutes a legal agreement that governs and
rules REPUBLICAN SINGLES, LLC’s relationship with its users and others that
interact with REPUBLICAN SINGLES, LLC and our subsidiaries and/or our
affiliates (“REPUBLICAN SINGLES,” “we,” or “us”) in connection with the use of
REPUBLICAN SINGLES’ websites (including www.republicansingles.com) (the
“Sites”) and our Services (as defined throughout this Agreement). REPUBLICAN
SINGLES currently provides services, virtual currency and products, and other features
available through our Sites, applications, which include Mobile Software (as
defined in Section 17) and other applications available on social networking
sites and other platforms, and other downloadable products (the Sites, the
applications, the downloadable products, and all products, services and
features provided by REPUBLICAN SINGLES in connection therewith shall be
referred to collectively as, the “Services”). REPUBLICAN SINGLES may periodically
offer additional services or products, or we may revise or modify any of the
Services at our discretion at any time, and this Agreement will apply to all
additional services or products, and all revised or modified Services unless
otherwise indicated. REPUBLICAN SINGLES also reserves
the right to cease offering any of the Services at any time, and without notice.
You agree that REPUBLICAN SINGLES shall not be liable to you or any third party
for any revision, modification, suspension or discontination of any of the
Services.
Your use of some Services may be subject to additional terms and conditions. Any additional terms and conditions will be listed in this Agreement, or will be presented or accessible to you by REPUBLICAN SINGLES when you sign up to use or sign in to use, such Services (“Additional Terms”). All such Additional Terms are thereby incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not negate or alter in any way the terms and conditions of any other agreement you may have with REPUBLICAN SINGLES.
All guests of, visitors to, or users of Services, whether registered or not, are defined as “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
This Agreement and any policy or guideline of the Services
may be modified, changed, or deleted by REPUBLICAN SINGLES at any time and in
its sole discretion. REPUBLICAN SINGLES shall provide notice of any such change,
modification, or deletion, by, at a minimum, posting the revised Agreement to
the Sites. When we change or modify the Agreement, we will update the “last
revised” date at the top of this Agreement. If you are a non-subscribing user
or Member at the time of any change or modification to this Agreement and any
policy or guideline of the Services, unless otherwise indicated, any changes or
modifications will be effective immediately upon posting the revisions to the
Site or Service, and your use of the Service after such posting will constitute
your acceptance of the revised Agreement. If you are a subscribing Member at
the time of any change or modification, unless otherwise indicated this
Agreement will continue to govern your membership and our relationship with you
until such time that your subscription renews as referenced by Section 18. If
you continue your subscription, the renewal will constitute your acceptance of
the revised Agreement. If you terminate your subscription at such time, your
use of the Service after your termination will constitute your acceptance of
the revised Agreement. Consequently, you should review this Agreement and all
applicable terms and policies frequently, to understand the terms of use that
apply to your use of the Services. If you do not agree to the amended terms of
use, you must stop using the Services.
PLEASE READ THIS TERMS OF USE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND/OR OUR SERVICES, YOU
AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES
AND/OR OUR SERVICES.
IF YOU BECOME A REPUBLICAN
SINGLES SUBSCRIBER AND PAY BY USE OF CREDIT CARD OR DEBIT CARD (OR ANY OTHER
PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING OR RECURRING
SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS
OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. FOR MORE INFORMATION
ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS, SEE SECTIONS 18(d)
AND (g).
CONTAINED WITHIN SECTION 22 OF
THIS AGREEMENT IS A MANDATORY PROVISION FOR ARBITRATION OF DISPUTES THAT
REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS
OR CLASS ACTIONS, TO RESOLVE DISPUTES.
1. LANGUAGE OF THE AGREEMENT
The language of
this Agreement is English. Where REPUBLICAN SINGLES has provided a translation
of the English version of this Agreement, you agree that the English language
version of this Agreement shall govern your relationship with REPUBLICAN
SINGLES, and that the translation is provided for your convenience only. If
there is any contradiction between what the English language version of this
Agreement says and what a translation says, then the English language version
will take precedence.
2. ELIGIBILITY
By accessing or
using the Services, you represent and warrant that: (a) you are single (never
married, divorced, or widowed); (b) you are at least 18 years old; (c) you have
never been convicted of a felony or any criminal offense characterized as a
sexual offense and are not required to register as a sex offender with any
government entity in any country; (d) you have the right, authority and
capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement; (e) you have not been previously removed from the
Services; (f) you are not a competitor of REPUBLICAN
SINGLES and are not using the Services for reasons that are in
competition with REPUBLICAN SINGLES; and
(g) you are a legal citizen of the United States.
3. ELECTRONIC RECORDS
Because the
Services are provided electronically, if you wish to use the Services, you must
consent to REPUBLICAN SINGLES’S providing
important information electronically. You consent to being provided with this
Agreement, information, disclosures, notices, policies, records and other
materials in electronic form (collectively “Electronic Records”), rather than
in paper form in accordance with The Electronic Signatures in Global and
National Commerce Act. Your consent to receive Electronic Records applies to
all agreements, information, disclosures, notices, policies, records, or other
materials of any kind that REPUBLICAN SINGLES may
be required by law to provide to you.
Electronic
Records will be posted on our Sites and Services or sent to the email address
associated with your account (you can change the email address associated with
your REPUBLICAN SINGLES account by going
to the “profile edit” or “settings” page of the Site or Services). You may want
to print out all Electronic Records and keep them for your records. If you have
any trouble printing out, accessing, and/or downloading any Electronic Records,
you may contact us in writing at the address provided above. In order for you
to access and retain Electronic Records sent by REPUBLICAN
SINGLES, the following hardware and software are required: a computer or
other device capable of reading text and html files, a modem or other means of
accessing the Internet, an Internet browser capable of accessing and displaying
the REPUBLICAN SINGLES website or other
Services, and the ability to receive and read emails. In order to print the
Electronic Records, you will also need a printer.
You may withdraw
your consent to receive Electronic Records by contacting us in writing at REPUBLICAN SINGLES, LLC., Attn: Electronic Records
Withdrawal, PO BOX 6115, La Quinta, CA, 92248. However, the Services
provided by REPUBLICAN SINGLES are only
available if you agree to receive Electronic Records. Withdrawing such consent
will result in your account being deactivated. You can obtain a paper copy of
an Electronic Record by contacting us in writing at the address provided above.
REPUBLICAN SINGLES may charge a
reasonable fee to cover the costs of printing and sending the requested
Electronic Record(s).
4. USE OF THE SERVICES
You agree that 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. This applies
to any content you post to the Services. Use of the Services is void where
prohibited.
a. Member Account. You will create only one unique profile
for use of the Services. You understand and agree that anyone may be able to
view any information you choose to make publicly available. You agree that you
will not use your last name in your profile. You will not include any street
addresses, telephone numbers, email addresses, multimedia, Uniform Resource
Locators (URLs), copyrighted works of others, artworks downloaded from external
sources, or any other contact information in your profile or in any other
publicly viewable User Content (as defined in Section 5 below) or other communications
made in connection with your use of the Services.
b. Exclusive Use. You agree that you will only use the
Services for your sole, personal. You agree that you will not use the Services
in connection with any commercial endeavors. You agree that you will not
authorize other persons or entities to use the Services or otherwise attempt to
transfer your right to use the Services to any other person or entity.
c. No Commercial Solicitation or Advertising. You agree that you will not engage in any advertising
or solicitation to buy or sell any products or services through the use of the
Services. You agree that you will not transmit any junk email, spam email, or chain
letters to other users of the Services. Additionally, you agree that you will
not use any information obtained from the Services in order to contact,
advertise to, solicit to or sell to any user without their explicit, prior
consent.
d. Account Security. You understand that you are solely responsible
for maintaining the security and confidentiality of the username and password
of your account, and you are fully responsible for all activities that occur
under your username and password, including the purchase of any of our Paid
Services (as defined in Section 18 below). You agree (a) to immediately notify REPUBLICAN SINGLES if you suspect any
unauthorized use of your username or password or any other breach of security
regarding your account, (b) that you will exit from your account at the end of
each session, (c) not to use the profile, account, username, or password of any
other user or Member and (d) to be extra cautious when accessing your account
from a shared or a public computer so that others cannot view or record your username,
password, or other personal information. You acknowledge that REPUBLICAN SINGLES shall not be made liable for
any loss or damage arising from the theft of your username or password. We highly
recommend that you use a unique and strong password for your account, and that
you change your password frequently.
e. Interactions with Other Users; Criminal
Background Screenings; Online Dating Safety; Test Profiles. You agree that you assume all risks
when using the Services, including but not limited to all risks associated with
any online or offline interactions with others, including meeting other users
offline for dates. You agree to take all necessary precautions when meeting
other users, especially if you decide to meet in person. YOU ACKNOWLEDGE THAT REPUBLICAN SINGLES DOES NOT ROUTINELY CONDUCT
CRIMINAL SCREENINGS OF ITS USERS. REPUBLICAN SINGLES DOES NOT INQUIRE INTO THE
BACKGROUND OF ITS USERS OR ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS.
REPUBLICAN SINGLES RESERVES THE RIGHT, IN
ITS SOLE DISCRETION, TO CONDUCT SUCH SCREENINGS OR INQUIRIES (INCLUDING SEARCHING
SEX OFFENDER REGISTRIES). YOU ALSO ACKNOWLEDGE THAT REPUBLICAN SINGLES IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INQUIRIES
OR INVESTIGATIONS. REPUBLICAN SINGLES does not make any warranties, guarantees, or representations
as to the information provided by its users, conduct of its users, or their
compatibility with you. You acknowledge that not all users are available for
matching and that REPUBLICAN SINGLES may
create test accounts or profiles to monitor the operation of the Services.
f. Online Dating Safety. YOU AGREE TO READ OUR ONLINE DATING SAFETY GUIDE BEFORE
USING THE SERVICES. This guide promotes safer dating practices, such as not
providing personal information last name, home address, workplace, financial information,
such as credit card, debit card, or bank account numbers, or any other
identifying information to other users and discontinuing all communications
with anyone who pressures you or attempts to defraud you of your personal or
financial information. You agree to treat all other users with dignity and
respect and comply with our User rules of conduct set forth in Section 3(g)
below.
g. User Rules of Conduct. REPUBLICAN
SINGLES is not liable or responsible in any way for the conduct of its
users, whether or not such conduct is in connection with the use of the Site or
the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You
agree NOT TO DO any of the following in connection with the Services or the
users of the Services:
i. engage in any unlawful, intimidating,
threatening, harassing, obscene, predatory or stalking conduct;
ii. use the Service in any in any manner that
is harmful to or violates the rights of others;
iii. interfere with or attempt to interfere
with any other user’s use of the Services;
iv. swindle, deceive, defraud, other users of
the Services;
v. impersonate any person or entity, or
misrepresent your age, identity, affiliation, connection or association with,
any person or entity;
vi. propagate another person’s personal
information without his or her prior consent, or gather or solicit another
person’s personal information for any purposes;
vii. collect or solicit personal information
about anyone under 18;
viii.
use
the Services in any way that could disable, damage, disrupt, impair,
overburden, or effect the performance of the Services.
ix. engage in any illegal or unlawful activity
or solicit or engage in gambling or any similar activity;
x. use any bots, scripts, or any other
automated technology to access or scrape data from the Services;
xi. gather or collect personal information,
including email addresses of other users from the Services by electronic or
other means or use the Services to send any unsolicited commercial e-mail or
communications, unsolicited bulk e-mail or communications or other spimming or
spamming activities either directly or indirectly;
xii. use the Service for any trolling, phishing
or any similar activities;
xiii. use the Services for any commercial
purposes;
xiv. use the Service to redirect users to, or
encourage users to visit other dating sites;
xv. attempt to access any Services or area of
the Sites that you are not authorized to access; or
xvi. permit or allow other people or third
parties to access and use the Services via your account.
h. Criminal Background Screenings. REPUBLICAN
SINGLES does not regularly conduct criminal background
screenings of its users. You thereby agree that REPUBLICAN
SINGLES has the right to conduct criminal
background screenings of your personal contact information at its sole
discretion, and you consent to any such screening(s) and agree upon request to
provide to REPUBLICAN SINGLES with complete,
current, and accurate information regarding your eligibility for use of the
Services. You understand and agree that if REPUBLICAN
SINGLES in its sole discretion believes that you have violated the terms
of this Agreement, misused the Services or behaved in any way that could be
regarded as illegal, unlawful, unsafe, or inappropriate, REPUBLICAN SINGLES may, among other things,
investigate, cancel your membership or subscription, terminate your account
and/or take legal action against you.
i. Reporting Violations and Abuse. If you wish to report any violation of
this Agreement or abuse by others, including all users and Members, site moderators
and administrators included, you may do so by sending us an email at: report@republicansingles.com or by contacting using our email form
here: www.republicansingles.com/contact.
a. Responsibility and Liability for User
Content. You are solely responsible for the
personal information and content that you share, publish, provide, transmit,
display or otherwise communicate to REPUBLICAN SINGLES
through the Services or to other users (collectively referred to as “post”),
including without limitation, data, photos, videos, texts, messages, music, illustrations,
graphics, links or other materials posted through newsfeeds, messages, chat,
forums, groups, email messages, mobile messages, and profile information (your
submissions and those of other users, collectively, are “User Content”). REPUBLICAN SINGLES does
not control, take responsibility for or assume liability for any User Content
posted by you or any third party, or for any loss or damage thereto, nor is REPUBLICAN SINGLES liable for any libel,
slander, defamation, mistakes, falsehoods, omissions, obscenity, profanity, or pornography
you may encounter on the Services. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF
THE SERVICES AND AGREE THAT YOU USE THEM AT YOUR OWN RISK.
b. Accuracy of Information. You agree that you will not post any misleading,
inaccurate, incomplete or false information or User Content to REPUBLICAN SINGLES or to any other user’s
profile within the Services. You agree that all images and photos posted to
your dating profile are of you, and you agree to update your dating profile annually.
You may be required to supply certain information and post a photo of yourself
to use, or subscribe to the Services.
c. No Obligation to Review User Content. You acknowledge and understand that REPUBLICAN SINGLES is not liable for User
Content that is provided by others, and has no duty to control, prescreen,
monitor, review or edit User Content, and you agree that REPUBLICAN SINGLES may, at its sole discretion,
review, edit, refuse to accept or delete User Content at any time and for any
reason or no reason without notice. This includes REPUBLICAN
SINGLES’s right to edit, crop, modify, or “photoshop” any images or
photos you submit to comply with REPUBLICAN
SINGLES’s policies, practices and procedures. You are solely responsible
for creating backup copies of your User Content, and you are solely responsible
for the costs and expenses of replacing any User Content you post or store on
the Services.
d. User Content License to REPUBLICAN SINGLES. REPUBLICAN SINGLES claims no control
or ownership over your User Content, except as otherwise specifically provided
herein, on the Services or in a separate agreement. By posting or submitting
User Content, you automatically grant, represent, and warrant that you have the
right to grant to REPUBLICAN SINGLES, its
subsidiaries, affiliates, licensees and successors an irrevocable, perpetual,
non-exclusive, fully paid, worldwide right and license to copy, use, publicly
display or perform, modify, adapt, reproduce, and/or distribute such User
Content furnished to us by you and to prepare derivative works of, or
incorporate into other works, any such information and User Content, and to
grant and authorize sublicenses of the foregoing in any medium. You represent
and warrant that your User Content and the public posting and use of your User
Content by REPUBLICAN SINGLES will not
infringe or violate any third-party rights, including and without limitation
any copyright, trademark, or intellectual property rights or rights of privacy
or publicity, or cause any harm to any third party or violate the terms of this
Agreement. You further warrant and represent that you have the written consent
of each and every identifiable natural person in your User Content to use such
person’s name and/or likeness in the manner contemplated by the Service and
this Agreement, and each such person has released you from any liability that
may arise in relation to such use. By posting User Content, you hereby release REPUBLICAN SINGLES and its agents, employees,
subsidiaries, affiliates, licensees and successors, from any claims that such
use, as authorized and defined above, violates any of your rights and you
understand that you will not be entitled to any additional compensation for any
use of your User Content.
e. Prohibited Content. You will not post, transmit or deliver to
any other user, either directly or indirectly, any User Content that violates
any applicable law, rule, or regulation, third-party rights, or is prohibited
under this Agreement or any other REPUBLICAN
SINGLES Agreement or policy governing your use of the Services
(“Prohibited Content”). Prohibited Content includes User Content that, without limitation,:
i. is intended to, or does, intimidate,
threaten, harass, or intimidate any other user or third party;
ii. is illegal, abusive, threatening,
harassing, intimidating, offensive, defamatory, libelous, inaccurate,
inflammatory, fraudulent, misrepresentative, indecent, obscene, profane,
pornographic, or sexually oriented;
iii. promotes racism, bigotry, hatred or
physical harm of any kind against any individual or group;
iv. contains images, photos, audio, or video,
of another person without his or her express written consent (or in the case of
a minor, the consent of the minor’s legal guardian) or otherwise violates
anyone’s right of privacy or publicity;
v. violates the data privacy or data
protection of another;
vi. may infringe or violate any copyright,
patent, trademark, trade secret, or other intellectual or proprietary right of
any party. This includes User Content that contains copyrighted content of
others (e.g., photos, images, music, movies, videos, etc.) without obtaining
their proper permission first;
vii. contains any promotional content, such as
advertising or fundraising;
viii.
promotes
or enables illegal or unlawful activities, such as instructions on how to make
or buy illegal weapons or drugs;
ix. contains viruses, worms, trojan horses,
time bombs, cancelbots, or other harmful, or disruptive codes, components or
devices;
x. is, in the sole judgment of REPUBLICAN SINGLES, offensive or objectionable
or restricts or inhibits any person from using or enjoying the Services or
exposes REPUBLICAN SINGLES or its users
to harm or liability of any type.
f. Use of Proprietary Information of Others. You
acknowledge that materials and information available through the Services may
or may not have copyright protection, whether or not it is identified as being
copyrighted. You agree
that you will not copy, create, transfer, transmit or post, or any derivative
works from, reproduce, distribute, display or show in any manner any proprietary
information, including any copyrighted or trademarked materials, including any
User Content posted by other users or members, without the prior written consent
of the owner of such proprietary information.
g. Submissions. Separate and apart from the User Content
you provide as part of your use of the Services, you can submit feedback,
suggestions, ideas, comments, questions, success stories, notes, plans,
drawings, or creative or creative materials or other information relating to REPUBLICAN SINGLES and our Services
(collectively, “Submissions”). Submissions, whether provided to REPUBLICAN
SINGLES by submission form, email, or otherwise posted to the Services, are
non-confidential and shall become the sole property of REPUBLICAN SINGLES. REPUBLICAN
SINGLES shall exclusively own all rights, title and interest to any and
all Submissions, including and without limitation all intellectual property rights.
REPUBLICAN SINGLES shall be entitled to
the unrestricted use and dissemination of any Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
h. Social Networking Sites. When you have enabled the use of our
Services through a third-party social networking or similar site or mobile or
other application (a “Social Networking Site”), such as Twitter or Facebook,
you give REPUBLICAN SINGLES permission to
access certain information about you that is made available to REPUBLICAN SINGLES from or through that Social
Networking Site. The information obtained by REPUBLICAN
SINGLES varies by Social Networking Site and may be effected
by the privacy settings you establish at that Social Networking Site. Such
information can include your location, name, username, user ID, age, birthday,
gender, profile picture, photos, network, country, language, interests,
contacts list, friends lists, followers and other information. By accessing or
using our Services through a Social Networking Site, you are authorizing REPUBLICAN SINGLES to collect, retain, store
and use, in accordance with our Privacy Policy, any and all of your
information that REPUBLICAN SINGLES has
obtained from the Social Networking Site, including to create a REPUBLICAN SINGLES profile and account for you.
Depending on the Social Networking Site and your privacy settings both at that
site and on the Services, REPUBLICAN SINGLES
may also post information to your Social Networking Site. Your agreement to the
foregoing takes place when you “accept” or “allow” or “go to” (or other similar
terms) our application on a Social Networking Site or the transfer of
information to REPUBLICAN SINGLES from
such site. If there is information about your “friends” or people you are
associated with in your Social Networking Site account, the information we
obtain about those persons may also depend on the privacy settings such people
have with the applicable Social Networking Site. You acknowledge and agree that
REPUBLICAN SINGLES has
no control over and is not responsible for, any applicable privacy settings on
any Social Networking Sites (including any settings related to any messages or
advertisements about REPUBLICAN SINGLES
that the Social Networking Site may send to you or to your friends). You should
always review, and if necessary, adjust your privacy settings on Social
Networking Sites before getting or using applications such as ours or linking
or connecting your Social Networking Site account to the Services. You may also
unlink your Social Networking Site account from the Services by adjusting your
settings on the Social Networking Site.
For information about how REPUBLICAN SINGLES collects, stores, uses, and
discloses personally identifiable information from its users, please refer to
our Privacy Policy. You consent to receive emails from
us in connection with the use or promotion of the Services. You also understand
and agree that if you post any content, information or material of a personal
or private nature in your profile or in any public areas of REPUBLICAN SINGLES, or provide or post any
content or information to REPUBLICAN SINGLES
which is intended to be shared with other users, such content, information and
materials will be shared with others accordingly, and you hereby consent to
such sharing. You understand and agree that by using the Services you consent
to the collection, use and disclosure of your personally identifiable
information and aggregate data as set forth in our Privacy Policy, and to have your personally
identifiable information collected, used, disclosed, transferred to and
processed in the United States or any other country in which we process your
data or make the Services available.
Should you become aware of
any violation of any intellectual property laws (in particular in respect of
User Content) you should report it to us by emailing us at termsofuse@republicansingles.com.
You should include your name and address, details of the content in question,
including its location, and details of the illegal or unlawful nature of the
content or the activity.
REPUBLICAN
SINGLES, in appropriate
circumstances and in its sole discretion, reserves the right to terminate users
who are deemed to be repeat infringers. REPUBLICAN
SINGLES, in appropriate circumstances and in its sole discretion, may
also limit access to the Services and/or terminate the accounts of any users
who infringe any intellectual property rights of others, whether or not there
is any repeat infringement.
Except for your User Content,
the Service and all materials therein or transferred thereby, including and without
limitation, data, information, software, images, photos, music, audios, videos,
text, illustrations, designs, REPUBLICAN SINGLES
copyrights, logos, service marks, trademarks, patents, other files and the
arrangement thereof and User Content belonging to other users (collectively, the
“Proprietary Materials”), and all intellectual property rights related thereto,
are the exclusive and sole property of REPUBLICAN
SINGLES and its licensors (including other users who post User Content
to the Service). Nothing in this Agreement shall be deemed to create a license
in or under any such intellectual property rights of REPUBLICAN SINGLES, except as explicitly provided herein.
You are granted a limited,
non-sublicensable license to access and use the Services, subject to the terms
and conditions of this Agreement. You understand and agree that you will not (i) modify, copy, adapt, publish, transmit, translate,
perform, sublicense, distribute, display, decipher, decompile, reverse
engineer, sell, or otherwise disassemble any portion of the Proprietary
Materials or the Services or cause others to do so; (ii) “mirror” or “frame” or
any part of the Services, without the prior written authorization of REPUBLICAN
SINGLES; (iii) use source code, meta tags or other devices containing any
reference to REPUBLICAN SINGLES or the
Services in order to direct any person to any other website for any purpose;
(iv) resell or make any commercial use of the Services; (v) use any robots, data
mining, or other similar data extraction or gathering methods or otherwise extract,
gather, or collect any data, pictures, descriptions or other content from the
Services; (vi) manipulate identifiers or otherwise forge headers in order to
disguise the origin of any information transmitted through the Services; (vii)
use any automated processes or methods to access the Services or to create user
accounts or (viii) use the Services or the Proprietary Materials in any way other
than for their intended purpose. Any use of the Services or the Proprietary
Materials in any way other than as expressly authorized within this Agreement,
without the prior written consent of REPUBLICAN
SINGLES, is strictly prohibited and will violate and terminate the
license granted herein. Such unauthorized use may also violate certain applicable
laws, including and without limitation trademark and copyright laws and
applicable communications statutes and regulations. Nothing in this Agreement
shall be construed as conferring any license to intellectual property rights,
whether by implication, estoppel or otherwise, unless explicitly stated herein.
REPUBLICAN SINGLES reserves
all rights not expressly granted herein in the Services and the Proprietary
Materials. This license is revocable at any time.
UNDER FEDERAL LAW, IF YOU
KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT
TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
If you are a copyright owner
or an agent thereof and believe that anything on the Services infringes upon
your copyrights, you may submit a notification of infringement pursuant to the
Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with
the following information: (i) a physical or an
electronic signature of the person authorized to act on behalf of the owner of
the copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed; (iii) a description of where the material that you
claim is infringing is located on our Services (please include full URLs and
screenshots if possible to help us identify the material); (iv) your address, email
address, and telephone number; (v) a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement made by you, under penalty
of perjury, that the above information in your notice is accurate and that you
are the copyright owner or are otherwise authorized to act on the copyright
owner’s behalf. REPUBLICAN SINGLES’s
designated Copyright Agent to receive notifications of claimed infringement is:
REPUBLICAN
SINGLES, LLC.
Attn: Copyright Agent
PO BOX 6115
La Quinta, CA 92248
copyright@republicansingles.com
(only DMCA notices will be accepted at this email address; all other inquiries
or requests will be discarded).
Please note that this
procedure is exclusively for notifying REPUBLICAN
SINGLES and its affiliates that your copyrighted material has been
infringed. The preceding requirements are intended to comply with REPUBLICAN SINGLES’s rights and obligations
under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal
advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
10. TRADEMARKS
“REPUBLICAN SINGLES,” REPUBLICAN SINGLES’s logos and any other trade name or slogan
contained in the Services are trademarks or service marks of REPUBLICAN SINGLES, its partners or its
licensors and may not be imitated, copied, or used, in part or in whole,
without the prior written permission of REPUBLICAN
SINGLES or the applicable trademark holder. In addition, the look and
feel of the Services, including all scripts, images, photos, custom graphics, page
headers, button icons are the service mark, trademark and/or trade dress of REPUBLICAN SINGLES and may not be imitated, copied
or used, in part or in whole, without our prior written permission. All other
trademarks, registered trademarks, service marks, product names, and company
names or logos mentioned in the Services are the property of their respective
owners. Reference to any services, products, processes or other information, by
trade name, trademark, service mark, supplier, supplier or otherwise does not
constitute or imply recommendation, endorsement, or sponsorship thereof by us.
11. HYPERLINKS
You are granted a
limited, non-exclusive, and freely revocable right to create a text hyperlink
to the REPUBLICAN SINGLES websites for
noncommercial purposes, provided such link does not portray REPUBLICAN SINGLES or its Services in a false,
misleading, defamatory or otherwise derogatory manner and further provided that
the linking site does not contain any illegal material, adult content, is not
directed at children and does not contain any material that is harassing,
objectionable, or otherwise offensive. This limited right may be revoked at any
time. You may not use REPUBLICAN SINGLES’s
logo or proprietary graphics to link to any REPUBLICAN
SINGLES Service without our express, prior, written permission. Further,
you may not use, frame or utilize framing techniques to enclose any REPUBLICAN SINGLES logo, service mark, trademark,
or other proprietary information, including the images and photos found in the
Services, the layout/design of any page or form, or the content of any text
contained in the Services without REPUBLICAN
SINGLES’s express, written, prior consent. You understand and agree that
you are not conveyed any right or license by implication, estoppel or otherwise
in or under any trademark, service mark, patent, copyright or proprietary right
of REPUBLICAN SINGLES or any third party,
except as noted herein.
REPUBLICAN
SINGLES makes
no claim or representation regarding, and accepts no responsibility for, the content,
nature, reliability, or quality of third-party websites accessible from the
Services by hyperlink. REPUBLICAN SINGLES
is not under control of such sites, and REPUBLICAN
SINGLES is not responsible for the content of any linked site or any
link contained in a linked site, or any review, updates, or changes to such
sites. REPUBLICAN SINGLES provides these links to you only as a convenience, and the
inclusion of any link does not imply endorsement, adoption or affiliation by REPUBLICAN SINGLES of any site or any
information contained therein. When you leave the Services, you should be aware
that our terms and policies no longer govern. You should review the applicable
terms and policies of any site to which you navigate from the Services, including
privacy and data gathering practices. You understand and agree that you access
any such third-party sites and services at your own risk.
12. THIRD-PARTY CONTENT
REPUBLICAN
SINGLES provide links to web
pages and content of third parties and may provide third-party content on the
Services (collectively, the “Third Party Content”) as a service to users who
are interested in the information provided by or the services offered by third
parties. REPUBLICAN SINGLES does not control, endorse, adopt, or affiliate with any
Third Party Content and makes no warranties or representations of any kind
regarding the Third Party Content, including and without limitation regarding
its completeness and accuracy. You understand and agree that REPUBLICAN SINGLES is not liable or responsible
in any manner for any Third Party Content and
undertakes no liability or responsibility to review, correct, or update any
Third Party Content. You use such Third Party Content
contained therein at your own risk.
13. ADVERTISERS AND OTHER
THIRD PARTIES
The Services may
contain advertisements and promotions from third parties or may otherwise
provide information about or links to third party products or services. You
acknowledge and agree that your dealings, interactions, or correspondence with,
or participation in promotions of, such third parties, and any terms,
conditions, representations, or guarantees, or warranties associated with such
dealings or promotions, are solely between you and such third party(s). REPUBLICAN SINGLES does
not endorse and is not responsible for, any content, features, products,
services, advertising, or other materials on or available from third party
sites. You acknowledge and agree that REPUBLICAN
SINGLES shall not be made liable or responsible, directly or indirectly,
for any damage or loss of any kind incurred, resulting from such dealings or resulting
from the presence of such third-party(s) or third-party information on the
Services.
14. FREE TRIALS AND
PROMOTIONS
We may offer free trials or
other promotions from time to time (a “Promotion”). For example, we may offer
promotions that provide free subscriber-level access to the Services for a
certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH
SECTION 18(g) BELOW) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID
BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. As another example, we may
provide you with our virtual currency free of charge. Any such virtual currency
is subject to the terms of our Virtual Currency and Products
Terms of Use. Additional Terms applicable to any Promotions may be
provided.
15. DOWNLOADABLE APPLICATIONS
By using any
downloadable application to enable your use of the Services, you are expressly
confirming your acceptance of the terms and conditions of this Agreement, as
well as any End User License Agreement (‘EULA’), or similar agreement,
associated with the application provided at download or installation, or as may
be updated from time to time.
16. MOBILE SERVICES
You may access and use
certain features of the Services using certain mobile devices (the “Mobile
Services”). Your access and use of the Mobile Services is
subject to the terms and conditions of this Agreement, including and without
limitation, the terms and conditions regarding the use and submission of User
Content, Virtual Currency
Terms and Conditions, as well as any Additional Terms and Conditions
presented to you for your acceptance when you sign up to use, or log in to use
our Mobile Services.
Additionally, you acknowledge
and agree that by accessing or using the Mobile Services, your carrier’s normal
rates and fees, such as standard text and data rates, still apply and that you
are solely responsible for the payment of those rates and fees.
17.
MOBILE SOFTWARE
a. Mobile Software. We may make available software to access
the Services via a mobile or tablet device (“Mobile Software”). Mobile Software
also includes any upgrades, updates, improvements, enhancements, features or
other new functionality to the Mobile Software and any on-line, help files, read
me files, or any other related informative or explanatory materials relating to
the Mobile Software. To use the Mobile Software, you must have a device that is
compatible with the Mobile Software. REPUBLICAN
SINGLES does not warrant or guarantee that the
Mobile Software will be compatible with your device. REPUBLICAN SINGLES hereby grants you a non-transferable,
non-exclusive, revocable license to use a compiled code copy of the Mobile
Software for one REPUBLICAN SINGLES
account on one device owned or leased solely by you, for your personal use
only. You may not: (i) decompile, disassemble, modify,
or reverse engineer the Mobile Software, except to the extent that such
restriction is expressly prohibited by law; (ii) lease, loan, rent, resell,
sublicense, transfer or otherwise distribute the Mobile Software to any third
party or use the Mobile Software to provide time sharing or similar services
for any third party; (iii) duplicate or make any copies of the Mobile Software;
(iv) disable, damage, circumvent, remove, or otherwise interfere with
security-related features of the Mobile Software, features that restrict or prevent
use or copying of any content accessible through the Mobile Software, or
features that enforce limitations on use of the Mobile Software; (v) delete the
copyright or other proprietary rights notices on the Mobile Software; (vi) disable,
block, or otherwise affect any advertisement, advertising banner window, links
to other sites and services, or other features that constitute an integral part
of the Mobile Software; (vii) use the Mobile Software on any device that you do
not own or control for personal purposes only; or (viii) make the Mobile
Software available or distribute over a network where it could be used by multiple
devices at the same time or for purposes designated other than personal. You
agree to use your best efforts to prevent and protect the contents of the
Mobile Software from unauthorized use or disclosure. You acknowledge that REPUBLICAN SINGLES may from time to time issue
upgraded versions of the Mobile Software, and may automatically electronically
upgrade the version of the Mobile Software that you are using on your device.
You consent to such automatic upgrading on your device, and agree that the
terms and conditions of this Agreement will apply to all such upgrades. Any
third-party code that may be incorporated in the Mobile Software is covered by
the applicable open source or third-party EULA, if any, authorizing use of such
code. The foregoing license grant is not a sale of the Mobile Software or any
copy thereof, and REPUBLICAN SINGLES or
its third-party partners or suppliers retain all right, title, and interest in
the Mobile Software (and any copy thereof). Any attempt by you to transfer any
of the rights, duties or obligations hereunder, except as expressly provided
for in this Agreement, is void. REPUBLICAN
SINGLES reserves all rights not expressly
granted under this Agreement. Additional terms to those contained in this
Section 17 may be contained in an EULA associated with
any Mobile Software. Please see the applicable EULA for more information.
b. Mobile Software from the App Store or iTunes
Store. The
following applies to any Mobile Software you acquire or download from the App
Store or the iTunes Store provided by Apple (“App Store-Sourced Software”): You
acknowledge and agree that this Agreement is solely between you and REPUBLICAN SINGLES, not you and Apple, and that
Apple has no responsibility for the App Store-Sourced Software or content
thereof. Your use of the App Store-Sourced Software must comply with the App
Store Terms of Service. You acknowledge that Apple has no obligation whatsoever
to furnish any support or maintenance services with respect to the App Store-Sourced
Software. In the event of any failure of the App Store-Sourced Software to
conform to any applicable warranty, you may notify Apple, and Apple will refund
the purchase price for the App Store-Sourced Software to you; to the maximum
extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the App Store-Sourced Software, and any
other claims, liabilities, damages, losses, costs or expenses attributable to
any failure to conform to any warranty will be solely governed by this
Agreement and any law applicable to REPUBLICAN
SINGLES as provider of the App Store-Sourced Software. You acknowledge and
agree that Apple is not responsible for addressing any claims of you or any
third-party relating to the App Store-Sourced Software or your possession
and/or use of the App Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App
Store-Sourced Software fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation; and all such claims are governed solely by this Agreement and any
law applicable to REPUBLICAN SINGLES as
provider of the App Store-Sourced Software. You acknowledge and agree that, in
the event of any third-party claim that the App Store-Sourced Software or your
possession and use of that App Store-Sourced Software infringes that third-party’s
intellectual property rights, REPUBLICAN SINGLES,
not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim
to the extent required by this Agreement. You and REPUBLICAN
SINGLES acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of this Agreement as relates to your license of the App
Store-Sourced Software, and that, upon your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be deemed to
have accepted the right) to enforce this Agreement as relates to your license
of the App Store-Sourced Software against you as a third party beneficiary
thereof. Without limiting any other terms of this Agreement, you must comply
with all applicable third-party terms of agreement when using App Store-Sourced
Software.
c. No Support. This Agreement does not entitle you to
receive from REPUBLICAN SINGLES, its
licensors, or Apple, any support, assistance, maintenance, updates,
enhancements, or any hard-copy documentation relating to the Mobile Software.
d. U.S. Government End Users. The Mobile Software was developed by
private financing and constitutes a “Commercial Item,” as that term is defined
at 48 C.F.R. §2.101. The Mobile Software consists of “Commercial Computer Software”
and “Commercial Computer Software Documentation,” as such terms are used in 48
C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1
through 227.7202-4, all U.S. Government end users acquire only those rights in
the Mobile Software that are expressly provided by this Agreement. Consistent
with 48 C.F.R. §12.211, all U.S. Government end users acquire only technical
data and the rights in that data as expressly provided in this Agreement. Any performance,
use, reproduction, display, release, or disclosure of the Mobile Software by
the U.S. Government will be governed solely by this Agreement and is prohibited
except to the extent expressly permitted by the terms of this Agreement.
e. Export Controls. The Mobile Software and the underlying
information and technology may not be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident
of) any country that is subject to a U.S. Government embargo or has been
designated by the U.S. Government as a “terrorist supporting” country; or (ii)
to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By
downloading or using the Software and/or Documentation, you are agreeing to the
foregoing and you represent and warrant that you (a) are not located in, under
the control of, or a national or resident of any such country or on any such
list, (b) are not listed on any U.S. Government list of prohibited or
restricted parties, and (c) you agree to comply with all United States and
foreign laws related to use of the Mobile Software and other REPUBLICAN SINGLES Services.
f. Users Outside the U.S. If you are using the Mobile Software
outside the U.S.A., then the following shall apply: (a) you confirm that this
Agreement and all related documentation is and will be in the English language,
and (b) you are responsible for complying with any local laws in your
jurisdiction which might impact your right to import, export or use the Mobile
Software or any services accessed or used in connection with the Mobile
Software, and you represent that you have complied with any regulations or
registration procedures required by applicable law to make this license
enforceable.
g. Injunctive Relief. You acknowledge and agree that your threatened
or actual breach of this Section 17 shall cause REPUBLICAN
SINGLES irreparable damage for which recovery of money damages would be inadequate
and that REPUBLICAN SINGLES therefore may
seek timely injunctive relief to protect its rights under this Agreement in
addition to any and all other remedies available at law or in equity.
18.
PAID SERVICES
a. General. Should you purchase any Services that we offer for a
fee (the “Paid Services”), such as a subscription to our Services or virtual
coins or credits (as described below), you thereby authorize REPUBLICAN SINGLES and our designated payment
processors to store your payment information and all other related information.
You also agree to pay the applicable fees for the Paid Services (including and
without limitation periodic fees for ongoing subscriptions (the “Subscription
Fees”) as set forth on the Services) as they become due, plus all related taxes
(including and without limitation, use and sales taxes, duties or other
governmental taxes or fees), and to reimburse us for all collection costs and
interest for any overdue amounts. All fees and charges are nonrefundable and
there are no refunds or credits for any partially used Paid Services (including
partially used subscription periods) except (i) as
expressly set forth in this Agreement, (ii) as otherwise required by applicable
law and (iii) at REPUBLICAN SINGLES’s
sole and absolute discretion. Fees for the Paid Services may be payable in
advance, in arrears, per usage or as otherwise described when you initially
purchase the Paid Services. All prices for Paid Services are subject to change
without notice (except as otherwise described in this Section 18).
b. Current Information Required. You agree to provide accurate, current,
and complete billing information and agree to promptly update all such
information (such as changes in credit card number, credit card expiration
date, billing address, or) as necessary for the processing of all payments that
are due to REPUBLICAN SINGLES. You agree
to promptly notify REPUBLICAN SINGLES if
you become aware of a potential breach of security related to your Payment
Method or if your Payment Method is canceled (for example, due to loss or
theft). You acknowledge and agree that your current Payment Method may continue
to be charged for Paid Services and you remain responsible for all such charges
If you fail to provide any of the foregoing information.
c. Payment Method. From
time to time REPUBLICAN SINGLES
may offer various payment methods, including and without limitation payment by
debit card, by credit card, by check or electronic check, by using PayPal, or through certain mobile payment providers.
You authorize REPUBLICAN SINGLES to
charge you for Paid Services through any payment method(s) you select when
purchasing the Paid Services (the “Payment Method”) and you agree to make
payment using such Payment Method(s) (we may, from time to time, receive and
use updated payment method information provided by you or that financial
institutions or payment processors may provide to us, to update information
related to your Payment Method(s), such as updated expiration dates or account
numbers). Certain Payment Methods, such as debit cards and credit cards, may
involve agreements between you and the financial institution, credit card
issuer or other provider of your chosen Payment Methods (the “Payment Method
Provider”). If we do not receive payment from your Payment Method Provider, you
agree to directly pay all amounts due upon demand from us. Your non-termination
or continued use of the Paid Services reaffirms that we are authorized to
charge your Payment Method. REPUBLICAN SINGLES’s
Paid Services may also be purchased through your accounts with certain third-parties,
such as your Google Play account, Apple iTunes account, your or your Amazon
account (a “Third-Party Account”). If you purchase any Paid Services through a
Third-Party Account, billing for these Paid Services will appear through your
Third-Party Account. You should review the Third-Party Account’s terms and
conditions, which we do not control.
d. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY DEBIT
CARD OR CREDIT (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL
NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO
NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 18(g) BELOW PRIOR TO THE
END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED
AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS
THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A
ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS, A SIX MONTH
SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS, AND A TWELVE MONTH
SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A TWELVVE MONTH BASIS). UNLESS
OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE
SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME
SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES,
UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM
THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT UPON
EACH SUCH AUTOMATIC RENEWAL YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED
FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES. YOU ACKNOWLEDGE AND
AGREE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT
TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR DEBIT CARD OR CREDIT
CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE, WITHOUT
FURTHER AUTHORIZATION FROM YOU, AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED
BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY
CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE
WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
e. Change in Amount Authorized. If the total amount to be charged varies
from the amount you authorized when purchasing any Paid Services (other than
due to the imposition or change in the amount of taxes, including without
limitation sales and use taxes, duties or other governmental taxes or fees), REPUBLICAN SINGLES will provide notice of the
amount to be charged and the date of the charge at least 10 days before the
scheduled date of the transaction. You agree to pay the increased price for the
Paid Services if you do not cancel your Paid Services before the increased
price goes into effect. You agree that REPUBLICAN
SINGLES may accumulate charges incurred and submit them as one or more
aggregate charge during or at the end of each billing cycle. REPUBLICAN SINGLES will inform you of any
additional charges that are accumulated.
f. Grandfather
Provision. If you create
your dating profile during our FOUNDER SPECIAL promotional period, beginning
August 1, 2018, and presently continuing, then you will receive a
fully-upgraded subscription to the Services for free and will continue to
receive such fully-upgraded, free subscription for as long as you remain a
subscriber. Should you cancel your subscription, and then choose to subscribe
again, you will be required to pay the current price for the subscription level
you choose.
g. Cancellation of Subscriptions. TO CHANGE, DELETE, OR CANCEL YOUR
SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 20, GO TO THE “PROFILE
EDIT” PAGE OF YOUR DATING PROFILE, CLICK ON “DELETE PROFILE” AND FOLLOW THE
INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD-PARTY ACCOUNT,
YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN
ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR
SUBSCRIPTION, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR
THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER
THAT TERM EXPIRES, OTHER THAN PURSUANT TO SECTION 20. YOU WILL NOT BE ENTITLED
TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN
CURRENT SUBSCRIPTION TERM. EXCEPT AS PROVIDED IN SECTION 20 OF THIS AGREEMENT,
OR AS REQUIRED BY APPLICABLE LAW.
h. Virtual Currency and Virtual Products. Please see our Virtual Currency and Products Terms of Use for additional terms and conditions applicable
to the purchase and use of virtual currency and virtual products offered by us.
Typically, our virtual currency may be used to purchase certain virtual
products or goods and services in connection with our Services. Any virtual
currency you receive at signup or as a promotion from us will be subject to the
terms of our Virtual Currency and Products
Terms of Use.
i. Incorrect Payments and Errors. In the event that you submit to us a
payment for Paid Services that does not match the price for the Paid Services
you selected, REPUBLICAN SINGLES shall
have the right, in its sole and absolute discretion, to (1) apply all or some
of your payment amount to other similar Paid Services that have a purchase
price equal to or less than the amount of your payment (2) apply all or some of
the amount of your payment to the purchase of our virtual currency, (3) apply
your payment in any combination of the foregoing ways or (4) return or refund
the amount of your payment, in part or in full. REPUBLICAN
SINGLES reserves the right to correct any
errors or mistakes that it makes even if it has already requested or received
payment.
19. TERMINATION
This Agreement is
effective upon your first use of the Services and shall remain in effect until
it is terminated in accordance with the terms of this Agreement, unless
otherwise provided.
a. Termination by Us. REPUBLICAN
SINGLES may suspend, deactivate or terminate your account and your right
to use the Services and may block or prevent your access to and use of the
Services at any time in its sole discretion, for any reason or no reason,
without explanation and without notice (including and without limitation
blocking users or Members from certain IP addresses), unless otherwise
specified in this Agreement. We also reserve the right to remove or block
access to your account information, any User Content or any data from our
Services and any other records at any time and at our sole discretion. In the
event that we determine that your access to any of the Services is terminated
or suspended for cause, such as due to any breach of this Agreement, flagged
conduct or reported content, third-party complaints or the implementation of
our repeat infringer policy, you agree that all fees then paid to REPUBLICAN SINGLES by you will be
nonrefundable, and all outstanding or pending payments under the terms of your
subscription will immediately be due and payable, except as otherwise provided
by law. All decisions as to the refundability of the fees are in REPUBLICAN SINGLES’s sole discretion.
Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to
Section 24 of this Agreement.
b. Termination by You. In addition to any right to cancel
your subscription pursuant to Section 20, below, you may deactivate, delete, or
terminate your account at any time, for any or no reason, by accessing the “Profile
Edit” page of your account, or by contacting us as described above. Except as
otherwise provided by law or under this Agreement, all outstanding or pending
payments under the terms of your subscription will immediately be due and
payable, and you will not be entitled to any refund of the fees you have paid
to REPUBLICAN SINGLES.
c. Survival. After your account is suspended,
deactivated, deleted or terminated, all terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination,
including without limitation Sections 22, 23, 24, and 25.
20. CANCELLATION RIGHTS
In addition to
the cancellation procedure set forth in Section 18(d) above, you have the right
to cancel your subscription in accordance with the applicable terms described
below for one of the following states, if you are a REPUBLICAN SINGLES subscriber in such state (as determined by the
zip code you use at the time of your subscription). The date of your
subscription is the date that you sign up for the subscription through our
Services. Upon cancellation of your subscription in accordance with this
Section 20, your subscription benefits will terminate immediately.
a. Arizona. You have the right to cancel your subscription, without
any penalty or obligation, within three business days, excluding Sundays and
holidays, following the date you became a subscriber. A signed written notice
of cancellation (which includes your REPUBLICAN
SINGLES user name and the email address used to register for the
Services) must be sent by certified mail to REPUBLICAN
SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA 92248,
or personally delivered to our offices at 77101 California Drive #D9, Palm Desert,
CA 92211. Monies paid pursuant to any subscription for dating services shall be
refunded within 30 days of receipt of the notice of cancellation.
b. California. You have the right to cancel your
subscription, without any penalty or obligation, at any time until midnight of
the third business day after the day on which you subscribe to any Paid
Services. To cancel your subscription, mail or deliver a signed and dated
notice (which includes your REPUBLICAN SINGLES
user name and the email address used to register for the Services) to REPUBLICAN SINGLES, LLC., Attn: Refund Request,
PO BOX 6115, La Quinta, CA 92248, or send a telegram which states that you are
cancelling your subscription or words of a similar effect. Notice of
cancellation if given by mail, is effective when deposited in the mail properly
addressed with postage prepaid. All moneys paid pursuant to any subscription
for dating services shall be refunded within 10 days of receipt of the notice
of cancellation.
c. Connecticut. NOTICE OF CANCELLATION. YOU
MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE
BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND
DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO
THE SELLER AT THE FOLLOWING ADDRESS: REPUBLICAN SINGLES, LLC., ATTN: REFUND
REQUEST, PO BOX 6115, LA QUINTA, CA 92248. IF YOU CANCEL, ANY PAYMENTS MADE BY
YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING
RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR REPUBLICAN
SINGLES USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH
SUCH NOTICE.
d. Illinois. You have the right to cancel your
subscription, without any penalty or obligation, within three business days
after the first business day after the date you became a subscriber. A written
notice of cancellation (which includes your REPUBLICAN SINGLES user name and
the email address used to register for the Services) must be sent by certified
or registered mail to REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO BOX
6115, La Quinta, CA 92248. Monies paid pursuant to any subscription for dating
services shall be refunded within 30 days of receipt of the notice of
cancellation.
e. Iowa. Notice of Cancellation. You have the
right to cancel your subscription, without any penalty or obligation, at any
time prior to midnight of the third business day after the date you became a
subscriber. A signed and dated written notice of cancellation (which includes
your REPUBLICAN SINGLES user name and the email address used to register for
the Services) must be mailed or delivered to REPUBLICAN SINGLES, LLC., Attn:
Refund Request, PO BOX 6115, La Quinta, CA 92248, or send a telegram.
Monies paid pursuant to any subscription for dating services shall be refunded
within 10 business days of receipt of the notice of cancellation.
f. Minnesota. MEMBERS’ RIGHT TO CANCEL. If
you wish to cancel this contract, you may cancel by delivering or mailing a
written notice to us. The notice must say that you do not wish to be bound by
the contract and must be delivered or mailed before midnight of the third
business day after you became a subscriber. The notice must be or mailed to: REPUBLICAN
SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA 92248, or
delivered to: REPUBLICAN SINGLES, LLC., Attn: Refund Request, 77101 California
Drive #D9, Palm Desert, CA 92211. If you cancel, we will return, within ten
days of the date on which you give notice of cancellation, any payments you
have made. Include your REPUBLICAN SINGLES user name and the email address used
to register for the Services with such notice.
g. New York. NOTICE OF CANCELLATION. YOU
MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3)
BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED
NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE
SELLER AT REPUBLICAN SINGLES, LLC., ATTN: REFUND REQUEST, PO BOX 6115, LA
QUINTA, CA 92248. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT
WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER
OF YOUR CANCELLATION NOTICE. INCLUDE YOUR REPUBLICAN SINGLES USER NAME AND THE
EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
h. North Carolina. NOTICE OF
CANCELLATION. You may cancel your subscription at any time prior to
midnight of the third business day after the date you became a subscriber. To
cancel your subscription, mail a written notice of cancellation (which includes
your REPUBLICAN SINGLES user name and the email address used to register for
the Services) to REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO BOX 6115,
La Quinta, CA 92248, or deliver a written notice of cancellation (which
includes your REPUBLICAN SINGLES user name and the email address used to
register for the Services) to REPUBLICAN SINGLES, LLC., Attn: Refund Request,
77101 California Drive #D9, Palm Desert, CA 92211 no later than midnight of the
third business day after the date you became a subscriber. Notice of
cancellation, if given by mail, is given when it is deposited in the United
States mail properly addressed and postage prepaid. Payments made pursuant to
any subscription for dating services shall be refunded within 30 days after the
notice of cancellation is given.
i. Ohio. NOTICE OF CANCELLATION. You may cancel your subscription for any
reason, without any penalty or obligation, until midnight of the third business
day after the date you became a subscriber, or if the Services are not
available when you became a subscriber, you may cancel your subscription prior
to midnight of the seventh business day after the date on which you receive your
first Service. A written notice of cancellation (which includes your REPUBLICAN
SINGLES user name and the email address used to register for the Services) must
be sent by certified mail, return receipt requested, or delivered to REPUBLICAN
SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA 92248 or
send a telegram. Notice of cancellation by certified mail is effective upon the
date of post marking. Delivery is effective when delivered to the address
above.
j. Rhode Island. NOTICE OF CANCELLATION. You
may cancel your subscription at any time prior to midnight of the third
business day after you became a subscriber by mailing, by certified or
registered United States mail, a signed and dated copy of this Notice of
Cancellation at REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La
Quinta, CA 92248. If you cancel under this provision, any payments made by you
will be returned within ten (10) business days following receipt by the seller
of your cancellation notice. Include your REPUBLICAN SINGLES user name and the
email address used to register for the Services with such notice.
k.
Wisconsin.
CANCELLATION AND REFUNDS. RIGHT TO CANCEL. You are permitted to cancel
your subscription until midnight of the 3rd day after the date on which you signed
the contract. If within this time period you decide you want to cancel this
contract, you may do so by notifying REPUBLICAN SINGLES by any writing mailed
to REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA
92248, or delivering to REPUBLICAN SINGLES, LLC., Attn: Refund Request, 77101
California Drive #D9, Palm Desert, CA 92211 within the previously described
time period. If you do so cancel, any payments made by you will be refunded
within 21 days after notice of cancellation is delivered, and any evidence of
any indebtedness executed by you will be canceled by REPUBLICAN SINGLES and
arrangements will be made to relieve you of any further obligation to pay the
same. Include your REPUBLICAN SINGLES user name and the email address used to
register for the Services with such notice.
21. STATE SPECIFIC PROVISIONS
If you are a
REPUBLICAN SINGLES subscriber in one of the following states (as determined by
the zip code you use at the time of your subscription), the provision(s) listed
below for such state will apply. Unless otherwise stated, you may exercise any
rights applicable to you by providing written notice to us (which includes your
REPUBLICAN SINGLES user name and the email address used to register for the
Services) by mail at REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO
BOX 6115, La Quinta, CA 92248.
a. California. The following additional
provisions(s) apply if you are a California subscriber (as determined by the
zip code you use at the time of your subscription):
i. If by reason of death or Disability (as
defined below) you are unable to receive all services for which you have
contracted, you and your estate may elect to be relieved of the obligation to
make payments for the Services other than those received before death or the
onset of disability. If you have prepaid any amount for Services, so much of
the amount prepaid that is allocable to Services that you have not received
shall be promptly refunded to you and your representative. “Disability” means a
condition which precludes you from physically using the Services specified in
the contract during the term of disability and the condition is verified in
writing by a physician designated and remunerated by you. The written
verification of the physician shall be presented to REPUBLICAN SINGLES. If the
physician determines that the duration of the disability will be less than six
months, we may extend the term of the contract for a period of six months at no
additional charge to you in lieu of cancellation.
ii. You acknowledge that the Services are
accessible online and are offered in many locations internationally and that
therefore, there is no physical dating service office. Thus, you acknowledge
and agree that for purposes of California Civil Code¬§ 1694.3(b), the term “Dating
Service Office” shall mean any location where the Services are available. If
you relocate your primary residence further than 50 miles from REPUBLICAN
SINGLES’s Dating Service Office and you are unable to transfer the contract to
a comparable facility, you may elect to be relieved of the obligation to make
payment for services, other than those received prior to that relocation. Upon
such election, if you have prepaid any amount for dating services, so much of
the amount prepaid that is allocable to services that you have not received
shall be promptly refunded to you If you elect to be relieved of further
obligation pursuant to this subdivision, REPUBLICAN SINGLES may charge you a
fee of $100.00 or, if more than half the life of the contract has expired, a
fee of $50.00, not to exceed the amount of the refund to which you are
entitled. Such fee shall be deducted from any refund which REPUBLICAN SINGLES is
required to make to you.
b. Illinois. The following additional
provision(s) apply if you are an Illinois subscriber (as determined by the zip
code you use at the time of your subscription):
i. You acknowledge that the Services are
accessible online and are offered in many locations internationally and that
therefore, there is no physical dating service office. Thus, you acknowledge
and agree that for purposes of the Illinois Dating Referral Services Act, the
location of an “enterprise” shall mean any location where the Services are
available. If you relocate your primary residence to a location that is more than
25 miles from where our Services are comparably offered, you may cancel this
contract and shall be liable only for that portion of the charges allocable to
the time before reasonable evidence of the relocation is presented to REPUBLICAN
SINGLES plus a fee equal to the lesser of (1) 10% of the unused balance or (2)
$50. Such fee shall be deducted from any refund which REPUBLICAN SINGLES is
required to make to you.
ii. If by reason of death you are unable to
receive all services for which you have contracted, your estate may elect to be
relieved of the obligation to make payments for the Services other than those
received before death. We shall have the right to require and verify reasonable
evidence of the death.
c. New York. The following additional provisions(s)
apply if you are a New York subscriber (as determined by the zip code you use
at the time of your subscription):
i. If you subscribe for any Paid Services, REPUBLICAN
SINGLES will provide a minimum of one match to you each month. In the event we
do not provide at least one match for two or more successive months, you shall
have the option to cancel this agreement by notifying us in writing at the
address stated in this Agreement and to receive a refund of all monies paid
pursuant to the cancelled contract; provided, however, that REPUBLICAN SINGLES shall
retain as a cancellation fee 15% of the cash price or a pro rata amount for the
number of referrals furnished to you, whichever is greater. This shall be your
sole remedy for failure to provide the minimum number of referrals.
ii. Except in connection with any merger, sale
of company assets, reorganization, financing, change of control or acquisition
of all or a portion of REPUBLICAN SINGLES’s business by another company or
third party or in the event of bankruptcy, REPUBLICAN SINGLES will not without
the prior written consent of the purchaser sell, assign or otherwise transfer
for business or for any other purpose to any person any information and
material of a personal or private nature acquired from a purchaser directly or
indirectly including but not limited to answers to tests and questionnaires,
photographs or background information. You acknowledge and agree that if you
post any information, including photographs, to the Services for posting on
your profile or other areas of the Services, such information will be publicly
accessible, and you are consenting to the display of such information on the
Services.
iii. If you permanently relocate your primary
residence further than 50 miles from any area in which REPUBLICAN SINGLES offers
the Services, you may elect to terminate your subscription by notifying us in
writing at REPUBLICAN SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La
Quinta, CA 92248. Upon such election, your subscription benefits will cease and
you will receive a prorated refund of the Subscription Fee paid, less a
termination fee of $50.00, not to exceed the amount of the refund to which you
are entitled.
iv. You have the right to place your
subscription on hold for a period of up to one year at any time. To do this,
you must notify REPUBLICAN SINGLES in writing (which includes your REPUBLICAN
SINGLES user name and the email address used to register for the Services) at REPUBLICAN
SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA 92248.
d. Ohio. The following additional provision(s) apply if you are
an Ohio subscriber (as determined by the zip code you use at the time of your
subscription):
i. If by reason of death or disability you
are unable to receive the benefits from the Services, the contract shall be
proportionally divided by all of the days in which the Services were made
available to you as part of the contract offering, and you shall be liable for
payments only for that portion of the contract that can be attributed to the
period prior to your actual death or disability, exclusive of any period of
time in which the Services were made available to you free of charge as part of
the contract offering, and within 30 days after receiving notice of your death
or disability, we shall refund your representative or you the amount paid in
excess of the proportional amount. We shall have the right to require and
verify reasonable evidence of the death or disability.
ii. If you relocate your residence 25 miles or
more from any area in which REPUBLICAN SINGLES offers the Services, you may
elect to terminate your subscription by notifying us in writing at REPUBLICAN
SINGLES, LLC., Attn: Refund Request, PO BOX 6115, La Quinta, CA 92248 of
your intention to relocate and requesting that the contract be terminated. Upon
such election, your subscription benefits will cease and you will receive a
prorated refund of the Subscription Fee paid.
22. GOVERNING LAW AND
ARBITRATION; WAIVER; INDEMNIFICATION
Our goal is to
resolve any disputes amicably and quickly and we encourage you to contact us
and explain your complaint as soon as it arises.
a. Governing Law. This Agreement shall be governed by
the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Notwithstanding the preceding sentences with
respect to the substantive law, the interpretation and enforcement of, and
proceedings pursuant to, Section 24(b) of this Agreement shall be governed by
the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and
acknowledge the continuing applicability of our right to contract for binding
arbitration and waiver of any right to participate in a class Action or jury
trial, as set out in Section 24(b) hereof. The application of the United
Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. You agree that any claim or dispute you may have against REPUBLICAN SINGLES must be resolved in a
federal or state court located in Riverside County, California, USA or as
described in the Arbitration provision below. Both you and REPUBLICAN SINGLES retain the right to seek
injunctive or other equitable relief in a court of competent jurisdiction to
prevent the actual or threatened infringement, violation, or misappropriation
of copyrights, trademarks, service marks, trade secrets, patents, or other
proprietary or intellectual property rights, as set forth in the Arbitration
provision below including any provisional relief required to prevent
irreparable harm. You agree that the state or federal courts located in
Riverside County, California, USA are the exclusive forum for any proceeding to
confirm or vacate an arbitration award rendered in accordance with Section 24(b)
hereof (or for any proceeding seeking relief in aid of such arbitration) or in
the event that the Arbitration provision below is for any reason held to be
unenforceable.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE
IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM REPUBLICAN
SINGLES. For any dispute with REPUBLICAN
SINGLES, you agree to first attempt to resolve the dispute with us
informally by contacting us within 30 days of when the dispute first arises at legal@republicansingles.com.
In the unlikely event that REPUBLICAN SINGLES
has not been able to informally resolve a dispute it has with you within 60
days, we each agree to resolve any claim, dispute, or controversy (excluding
any claims for injunctive or other equitable relief described in Section 24(a))
arising out of or in connection with or relating to the Services or this
Agreement, or the breach or alleged breach thereof, including disputes related
to the applicability, enforceability, formation, or interpretation of this
agreement to arbitrate (collectively, “Claims”), by binding arbitration by the
Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional
Expedited Procedures then in effect, except as provided herein. JAMS may be
contacted at www.jamsadr.com. You will have the
right to participate in the selection of the arbitrator. If the parties are
unable to agree on an arbitrator, one may be selected by mutual agreement of
the parties or by the procedures provided by JAMS. The arbitrator shall be an
attorney licensed to practice in the location where the arbitration proceedings
will be conducted or a retired federal or state judicial officer who presided
in the jurisdiction where the arbitration will be conducted, unless the parties
agree otherwise. The arbitration will be conducted in Riverside County,
California, USA (or the nearest office to Riverside County), unless you request
a hearing in your hometown area or you and REPUBLICAN
SINGLES agree otherwise. The language to be used in the arbitral
proceedings will be English, unless otherwise agreed by the parties. Payment of
all filing, administration and arbitrator fees and costs will be governed by
JAMS rules, but if you are unable to pay any of them, REPUBLICAN SINGLES will pay them for you. The award rendered by
the arbitrator may include your costs of arbitration, your reasonable
attorneys’ fees and your reasonable costs for expert and other witnesses, and
any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction. REPUBLICAN
SINGLES will not seek its attorneys’ fees or costs in arbitration unless
the arbitrator determines your claims or defenses are frivolous. Nothing in this
Section shall prevent either party from seeking injunctive or other equitable
relief from the courts as necessary to prevent the actual or threatened
infringement, misappropriation, or violation of that party’s data security,
intellectual property rights, or other proprietary rights. You may sue in a
small claims court of competent jurisdiction without first engaging in
arbitration, but this does not absolve you of your commitment to engage in the
informal dispute resolution process. If your claim does not exceed $10,000,
then you may choose whether the arbitration will be conducted solely on the
basis of the documents that you and REPUBLICAN
SINGLES submit to the arbitrator, through a telephonic hearing, or by an
in-person hearing.
c. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND REPUBLICAN SINGLES AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT
IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION
OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION,
AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN
ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND REPUBLICAN SINGLES ARE EACH WAIVING THE RIGHT
TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
d. Indemnity. You agree to defend, indemnify and
hold REPUBLICAN SINGLES, its subsidiaries
and affiliates, and each of their directors, officers, managers, agents,
contractors, partners and employees harmless from any loss, liability, claim,
damages, costs, debts, expenses or demand, including reasonable attorney’s
fees, due to or arising from (i) your use of or
access to the Services, including any data or content transmitted or received
by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User
Content or any User Content that is submitted via your account (iii) your
conduct in connection with the Services or our users, (iv) your violation of
any of the terms of this Agreement, including and without limitation your
breach of any of the representations and warranties above, (v) your violation
of any rights of a third party, including without limitation any right of
privacy or intellectual property rights; (vi) any other party’s access and use
of the Services with your unique username, password or other appropriate
security code or (viii) your violation of any applicable laws, rules or
regulations.
e. Severability. If any clause within this Section 24
is found to be illegal or unenforceable, that clause will be severed from this
section and the remainder of the section will be given full force and effect,
except that in the event of unenforceability of the universal Class Action/Jury
Trial Waiver, the entire arbitration agreement shall be unenforceable.
23.
MISCELLANEOUS
This Agreement, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned by
REPUBLICAN SINGLES without restriction. Any attempted transfer or assignment in
violation hereof shall be null and void. You acknowledge and agree that this
Agreement, together with the Privacy
Policy and any Additional Terms, contains the entire agreement between
you and REPUBLICAN SINGLES regarding the use of the Services and supersedes all
prior agreements and understandings (including and without limitation any prior
versions of this Agreement), except to the extent that the parties have entered
into a separate written agreement applicable to the Services that expressly
governs over this Agreement. If any provision of this Agreement, or any portion
thereof, is held illegal, invalid, unenforceable, or, void such provision will
be interpreted and changed to accomplish the objectives of the provision to the
greatest extent possible under any applicable law and the remaining provisions
will continue in full force and effect, except that in the event of
unenforceability of the universal Class Action/Jury Trial Waiver, the entire
arbitration agreement shall be unenforceable. The failure of REPUBLICAN SINGLES
to exercise or enforce any right or provision in this Agreement shall not
operate as a waiver of such right or provision. Other than any entities that
REPUBLICAN SINGLES owns a 50% or greater interest in,
or as otherwise set forth herein, there are no third-party beneficiaries to this
Agreement and no third party who is not a party to this Agreement shall have
any right to enforce any term of this Agreement. REPUBLICAN SINGLES, LLC is a
corporation organized under the laws of the State of California, USA.
24. DISCLAIMERS
REPUBLICAN
SINGLES PROVIDES THE
PROPRIETARY MATERIALS, THE SITES AND THE SERVICES ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE
EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER
STATUTORY EXPRESS, IMPLIED, OR OTHERWISE WITH RESPECT TO THE SERVICES
(INCLUDING ALL PROPRIETARY MATERIALS AND ALL OTHER INFORMATION AND CONTENT
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY,
MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
REPUBLICAN
SINGLES DOES NOT REPRESENT OR
WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, COMPLETE, ALWAYS
AVAILABLE, ERROR-FREE, UNINTERRUPTED, OR WILL MEET ALL OF YOUR REQUIREMENTS,
(B) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (C) ANY
DEFECTS IN THE SERVICES WILL BE CORRECTED.
REPUBLICAN SINGLES DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION OR
WARRANTY IS MADE WITH RESPECT TO, THE AVAILABILITY AND CONNECTIVITY OF THE
SERVICES OR THE DELIVERY OF ANY MESSAGES.
REPUBLICAN
SINGLES DOES NOT HAVE ANY
OBLIGATION SCREEN OR TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OR
USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE
SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, REPUBLICAN SINGLES DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS
WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE
OF YOUR IDENTITY OR INFORMATION.
REPUBLICAN
SINGLES DOES NOT: (i) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR
THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY
OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN REPUBLICAN SINGLES, OR (ii). GUARANTEE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICES. UNDER
NO CIRCUMSTANCES WILL REPUBLICAN SINGLES
BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER
CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE
SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT
APPLY TO YOU.
25. LIMITATION OF LIABILITY
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REPUBLICAN
SINGLES, ITS DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR AFFILIATES BE
LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR
THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE,
INCLUDING AND WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM REPUBLICAN
SINGLES, OR THAT RESULTS FROM INTERRUPTIONS, ERRORS, MISTAKES,
OMISSIONS, DEFECTS, VIRUSES, DELETION OF FILES OR EMAIL, OR DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM
ACTS OF GOD, THEFT, DESTRUCTION, COMMUNICATIONS FAILURE, OR UNAUTHORIZED ACCESS
TO REPUBLICAN SINGLES’S RECORDS, SCRIPTS,
DATABASES, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL REPUBLICAN SINGLES’S AGGREGATE LIABILITY, IN
ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF
THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID
SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REPUBLICAN SINGLES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, SPECIAL, GENERAL, CONSEQUENTIAL, COMPENSATORY, 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 AND WITHOUT LIMITATION,
BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS
OF THE SERVICES. THIS INCLUDES ANY CLAIMS, DAMAGES OR, LOSSES ARISING FROM THE
CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO
DEFRAUD OR HARM YOU.
SOME COUNTRIES
AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT
APPLY TO YOU.