NYCANDLOVE.COM TERMS OF USE AGREEMENT
Welcome to nycandlove.com, the service for single adults in New York City to meet each other online,
operated by GOLDBLANC, LLC. d/b/a nycandlove ("nycandlove.com"). By checking the “I Accept” box below,
or otherwise using the nycandlove.com website, (the "Website") you agree to be bound by these Terms
of Use (this "Agreement"), whether or not you register as a member of nycandlove.com ("Member"),
intend to use the dating service and other online social networking features of nycandlove.com (“Participants”)
or otherwise browse or access the features and functionality offered in the Website (the "Service"). Simply
check “I decline” and/or exit if you object to anything in this Agreement including any of the policies
posted on the website. You have a right to print these terms and keep a copy for your records. Printing
this document does NOT constitute acceptance of this Agreement.
NOTICE OF BETA or PRE-RELEASE OFFERING: This version of nycandlove.com is offered as a free trial or preview
service. You acknowledge that the Website and the Services are offered in a pre-release form and, as a result,
you may experience periods of inaccessibility, errors, bugs and unexpected interruptions. You assume all risks
associated with your use of including the risk that it may not operate properly or reliably and that, as a trial
offering, it may cause damage to your own information, images or content uploaded into the Service.
This Agreement is a legally enforceable contract that sets out the terms and conditions of
accessing the Website and/or using the Service. Your acceptance, as either a Member or a Participant, will
create a binding agreement with nycandlove.com. This Agreement includes nycandlove.com's Code of Conduct,
Privacy Policy, payment terms and subscription policies and any other notices posted on the Website at any
time. Your use of the Service after such posting will constitute acceptance by you of such new or additional
terms and policies.
MEMBERSHIP AND SUBSCRIPTION; PRICING. You may access the Website at no cost. Prior to
becoming a Member, you will have the ability to participate in some, but not all, of the features and
functionality of the Service. In order to access all Services offered in the Website, including the ability
to communicate with other Participants, you must meet the “Participant Eligibility Requirements” set forth
below, create a user account, submit all information requested to create a complete profile, obtain a valid
third party endorsement, pay any applicable subscription fees and otherwise comply with all the terms of this
Agreement.
ELIGIBILITY. Participants must, at all times, meet the following eligibility requirements:
- Members must live in New York City or have an intent to reside in New York City,
- be at least twenty one (21) years of age,
- be single, separated from your spouse or otherwise eligible to date; and
- be endorsed by a third party to validate identity and the profile posted in the Service.
TERM. This Agreement will remain in full force and effect while you use the Website and/or
Services. You may terminate your membership and/or subscription at any time, for any reason, by following
the instructions on the “Opt Out” pages in your account. If you resign or cancel your membership and/or
subscription via the nycandlove.com site, to help nycandlove.com analyze and improve the Service, you may
be asked to provide a reason for your resignation or cancellation. You may bypass this brief resignation
survey page and continue the resignation/cancellation process by clicking the “Continue Cancellation” or
other similar button on the page. If you terminate your user account, your user profile will be taken down
from the Service, but you may be required to pay any fees due for the remainder of your subscription term.
Termination by nycandlove.com. nycandlove.com retains the right to take down, block or
otherwise terminate access to the Service (including your Participant user account) if nycandlove.com
determines, in its sole discretion, that you have breached this Agreement. nycandlove.com is not required
to provide you notice prior to termination. nycandlove.com is not required, and may be prohibited, from
disclosing a reason for the termination of your account, the take down of your Participant profile or
blocking your use as a Member.
Survival of Terms. If you no longer use the Services, cancel your account, or your
ability to access the Website is terminated for any reason, the terms of this Agreement that govern
the ongoing relationship between you and nycandlove shall survive and remain in effect.
NO COMMERCIAL USE BY MEMBERS. The Website and Services are offered for personal use only.
You may not use any component of this offering for commercial endeavors. Without limitation:
- Organizations, companies, and/or businesses may not become Members or Participants.
- Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email is prohibited.
- Unauthorized framing or linking to the Website is prohibited.
- The Website and Services may not be redistributed for any purpose or used as a service bureau.
Violations will be investigated and appropriate legal action will be taken. Use of the Website and the
Service is allowed only as permitted by nycandlove.com, which may be revoked at any time, for any reason,
in nycandlove.com's sole discretion.
USER ACCOUNT AND SECURITY. As a Participant, you will be given an individual user account to
post your profile and otherwise use the Services. This account will be protected by a unique, confidential
alpha-numeric password. You must keep your password confidential. You may not transfer to a third party,
either temporarily or permanently, any rights to use your individual account. NYCandLove.com will not be
liable for any loss resulting from the unauthorized use of your account, your password or any other assigned
access keys or credentials. You must exit your account at the end of each session. You also agree to
immediately notify nycandlove.com of any unauthorized use of your username or password or any other breach of
security related to the Website or the Service. If you share your computer with others, disable your auto-sign
in feature to protect the confidentiality and security of your account. nycandlove.com will not be responsible
or liable for any losses resulting from your failure to take reasonable measures to protect your account.
PROHIBITED ACTIVITIES. nycandlove.com reserves the right to investigate and terminate your
membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or
whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may
not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by nycandlove.com without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without nycandlove.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to nycandlove.com or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
NYCandLove.com Content. NYCandLove.com may post information, articles and other materials on the
Website and/or the Service. Such content is intended to facilitate your use of the Service and/or for entertainment
purposes only; it is not intended to replace or substitute professional advice, including financial, medical, legal,
or therapeutic.
THIRD PARTY CONTENT ON NYCANDLOVE.COM. Opinions, advice, statements, recommendations,
endorsements, profile information and other content made available by third parties and posted on the Website
or transmitted via the Service are those of their respective authors and should not necessarily be relied upon.
You acknowledge that these authors, and not NYCandLove.com, are solely responsible for their content. nycandlove.com
does not: (i) guarantee the accuracy, completeness, or usefulness of any information posted on the Website or made
available on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will
nycandlove.com be responsible for any loss or damage resulting from your reliance on third party information
or other content published or displayed (hereinafter, "posted")on the Website or transmitted to you via the Service,
including information provided to you by other Members.
CONTENT POSTED BY YOU ON NYCANDLOVE.COM. You are solely responsible for the Content that
you post on the Website or make available in the Service. You agree that, at all times during your
Membership, you will comply with the “NYCandLove.com Code of Conduct.” Among other things, you will not
post on the Website or use the Service to transmit on the Service, or transmit to other Members, any defamatory,
inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive,
or illegal material, or any material that infringes or violates another party's rights (including, but not limited
to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading
or false information via the Website or the Service. If information provided to nycandlove.com, or another Member,
subsequently becomes inaccurate, misleading or false, you will promptly take down and/or change this information.
All images, messages, text and other content you post to the Website and any public area of the Service you
automatically grant, and you represent and warrant that you have the right to grant, to nycandlove.com,
its suppliers, service providers, affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, post and distribute such
information and content and to prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that
public posting and use of your content by nycandlove.com will not infringe or violate the rights of any third
party.
YOUR INTERACTIONS WITH OTHER MEMBERS. You are solely responsible for your interactions
with other Members. You agree to take common sense precautions to protect your privacy, your personal
information, and your own safety. For example, you should not provide your financial information (credit
card or bank account information) to other Members.
You understand that nycandlove.com does not in any way screen its Members or attempt to regulate their
behavior in the Service. nycandlove.com does not inquire into the backgrounds of its Members or potential
Members. nycandlove.com does not review, filter, verify, edit, or otherwise exercise any control over the
statements made or content posted by Members. You understand that online dating has inherent risks and
that NYCandLove makes no representations or warranties as to the conduct of Members and/or your own
satisfaction in using the Services. You understand that nycandlove.com makes no guarantees, either express
or implied, regarding your ultimate compatibility with individuals you meet through the Service. In no
event shall nycandlove.com be liable for any damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone
else in connection with your Membership, the use of the Service and any information used or displayed in
the Website. You waive all claims against NYCandLove.com, its service providers, suppliers and licensors for
any damages (including bodily injury and emotional distress) which result from, or arise out of, your
interactions with other Members and use of the Services, including your profile posting located on the
Website. In addition, you agree to the Member Code of Conduct.
MEMBER DISPUTES. You are solely responsible for your interactions with other nycandlove.com
Members. nycandlove.com reserves the right, but has no obligation, to monitor disputes between you and other
Members.
Proprietary Rights. As between you and nycandlove.com, you acknowledge that NYCandLove.com
owns and retains all proprietary rights in the Website and the Service. Without limitation, such rights
include the copyrighted material, trademarks, and/or other proprietary information of nycandlove.com,
its service providers, suppliers and licensors displayed on the Website. Except for that information which
is in the public domain or for which you have been given prior, written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary information.
DISCLAIMERS. nycandlove.com is not responsible for any incorrect or inaccurate content
posted on the Website or in connection with the Service, whether caused by users of the Website, Members
or by any of the equipment or programming associated with or utilized in the Service. nycandlove.com is
not responsible for the conduct, whether online or offline, of any user of the Website or Member of the
Service. nycandlove.com assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction or unauthorized access
to, or alteration of, user or Member communications. nycandlove.com is not responsible for any problems or
technical malfunction of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any Website or combination thereof, including injury or damage to users
and/or Members or to any other person's computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service. Under no circumstances will
nycandlove.com or any of its affiliates, advertisers, promoters or distribution partners be responsible
for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or
the Service, any content posted on the Website or transmitted to Members, or any interactions between users
of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and nycandlove.com
expressly disclaims any warranty of fitness for a particular purpose or non-infringement. nycandlove.com
cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
LINKS. The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because nycandlove.com has no control over such sites and resources, you acknowledge and
agree that nycandlove.com is not responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that nycandlove.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with the use of, or reliance upon, any such content, goods or services available on or through
any such site or resource.
LIMITATION ON LIABILITY. Except in jurisdictions where such provisions are restricted, in
no event will nycandlove.com be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising from your use of the Web site
or the Service, even if nycandlove.com has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, nycandlove.com's liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to
nycandlove.com for the Service during the term of membership.
JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Website and/or the
Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the
State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to
the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution
of any such dispute.
INDEMNITY BY YOU. You agree to indemnify and hold nycandlove.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service
in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in
this agreement, there shall be no third party beneficiaries to this Agreement.
OTHER. This Agreement contains the entire agreement between you and nycandlove.com regarding
the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. nycandlove.com is a trademark of nycandlove.com,
L.L.C.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.