www.ifoundyou.com and www.ifoundu.com,
You may become a “Member” of the Service, which shall be defined as a person who uses the Service and/or provides information to the Service, whether as a free or paid member.
authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed orsuspended frm the Service.
Use of the Service for commercial purposes is strictly prohibited. sing the Service to exploit or harm minors, or attempt to do so, including without limitation by exposing such minors to inappropriate content;and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission ofifoundyou, which may be revoked at any time, for any reason, in ifoundyou’s sole discretion.
You must not copy or capture, or attempt to copy or capture, any content frm the Websites or Service, unless given express permission by .
You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or frm the Websites and/or Service.
You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
d. You must not post any content that solicits, or is designed to solicit, money or services frm other Members.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites.
You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
You must not use the Websites to upload, post, , transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in sole and reasonable discretion;
any nude or sexually suggestive photographs;
information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in sole and reasonable opinion;
material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service;
unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation; or
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to the Service, or any content on the Websites.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any employee.
You must not sell or transfer, or offer to sell or transfer, any account to any third party without the prior written approval of .
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
is a Marketplace; Limitation of Liability-We are not liable to you for any loss incurred as the result of a Member’s acts or omissions, including without limitation failure to communicate,breach of contract, physical injury, death, emotional distress, property damage, conversion, fraud, negligence, and intellectual property violations.
You are solely responsible for your own conduct in using the Service and interacting with other Members. You acknowledge and agree that ifoundyou does not verify its Members’ statements or conduct background checks, credit checks, or other inquiries into its Members’ backgrounds. We cannot verify the veracity of any statements made by our Members. Notwithstanding the foregoing, ifoundyou reserves the right, but is not obligated, to conduct any background check, sex offender check, or other search or screening, using available public records, in its sole discretion.
In the event that Members encounter a dispute that they cannot resolve among themselves, will make reasonable efforts to help you reach a resolution. However, we cannot guarantee that we will be able to do so, and we cannot make any judgment or determination about the facts or law pertaining to the dispute. You acknowledge and agree that is not under any obligation to help you resolve a dispute.
cannot guarantee the true identity, age, and nationality of any of its Members. encourages you to communicate directly with Members through the tools available on the Websites.
Although we sincerely hope that you find your soulmate using the Service, you acknowledge and agree that we do not guarantee or promise that you will be compatible with any other Member. Each Member’s dating success is dependent on a number of factors, many of which are out of ifoundyou’s and/or the relevant Member’s control, and ifoundyou cannot guarantee results to any Member.
If you decide to meet a Member outside of the Service, you acknowledge and agree that you are solely responsible for taking all necessary safety precautions. You should not give another Member any sensitive personal information, including without limitation financial information, your address, your social security number, or other information which could compromise your safety or financial well-being.
Each person who is a Member of a ifoundyou is assigned a café. The café the Member is assigned is known as the Member’s home café. The Member’s home café is where Members meet each other. Members agree to have only one café as their own home café. Ifoundyou is not associated with any of the cafés listed on its website.
Members may choose to, but are not required to, start their own personal postcard campaign in the hopes of finding their soulmates. As with all other aspects of the Service, ifoundyou does cannot and does not guarantee the success of postcard campaigns.
Although Members may elect to meet one another at Starbucks® coffee shops, ifoundyou is not affiliated with Starbucks, nor is the Service offered, sponsored, associated with or endorsed by Starbucks. Starbucks and the Starbucks logo are either registered trademarks or trademarks of Starbucks Corporation in the United States and/or other countries.
Risk of Upload- uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will be liable for any copying or usage of Your Content not authorized by . You hereby release and forever waive any claims you may have against for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Membership Pricing; Charges on Your Account-
b. Account Fees. Any advertising fees paid by you are non-refundable. ifoundyou sends postcards to singles living in certain geographic areas, in an effort to encourage such singles to become members of the Service.
d. Contact Fee. Members pay a one-time fee to contact each member. The cost to have ifoundyou contact another member is $5.00. You agree to pay this fee any time that you request that ifoundyou contact another Member on your behalf.
f. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. may submit periodic charges (e.g. yearly) without further authorization frm you, until you provide prior notice (confirmed in writing by ) that you have terminated this authorization or wish to change your payment method.
g. Current Information Required.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE AND YOU MUST PROMPTLY NOTIFY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE.
h. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
i. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that is authorized to charge your Payment Method. may submit those charges for payment and you will be responsible for such charges. This does not waive right to seek payment directly frm you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Shipping; Shipping Costs and Taxes- If you elect to purchase a physical product on the Service, your total price will include the price of the product plus any applicable shipping costs and sales tax. The shipping costs will depend on your shipping address; sales tax will depend on both your shipping address and the sales tax rate in effect at the time you make a purchase. If goods sold over the internet are not taxable in your state, you will not be charged a sales tax.
If your item is not shipped, is shipped to the wrong address, or is lost in transit, please consult with the Seller of your item to arrange for re-shipment or a refund. If you are unable to reach a resolution, please contact us at Charlespisano@gmail.com.
If either you or terminates your membership, you may lose Your Content or any other information stored on or in association with your account.
Geographic Restrictions -ifoundyou does not warrant or guarantee that the Service, or any of its content, is or will be accessible and/or legally permissible outside of the United States. Access to the Service, or certain parts thereof, may not be legal by certain persons or in certain countries. You acknowledge and agree that if you choose to access the Service frm outside the United States, you do so entirely on your own initiative and at your own risk, and that you are solely responsible for compliance with local laws.
Third Party Content- may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that does not create Third-Party Content, nor does update or monitor it. is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to ”). does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.users (collectively, the “Reference Sites
, the logos and any other product or service name or slogan contained in the Service are trademarks of or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that may provide you frm time to time.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Websites or Service, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
· You may store files that are automatically cached by your Web browser for display enhancement purposes;
· You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution;
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify any materials on the Service, or any copies thereof;
· Use any illustrations, photographs, video or audio sequences or any graphics separately frm the accompanying text; or
· Delete or alter any copyright, trademark or other proprietary rights notices frm copies of materials frm this site.
You must not access or use for any commercial purposes any part of the Websites or Service or any services or materials available through the Websites or Service.
You may not use any metatags or any other hidden text utilizing "" or any other name, trademark or product or service name of without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by . Unless otherwise indicated, all content and other materials on the Service, including, without limitation, logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
In the event that you send any unsolicited ideas, suggestions, or feedback to (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to
When contacting us, please make sure that you include the following information:
statement that you have identified on that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
description of the copyright work(s) that you claim have been infringed;
description of the that you claim is infringing and the URL(s) where such can be located;
full name, address and telephone number, a valid email address on which you can be contacted, and your user name if you have one;
statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. 512(c), please also include the following:
respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
electronic or physical signature (which may be a scanned copy).
Repeat Infringer Policy- In accordance with the DMCA and other applicable laws around the world, has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by of infringing activity violations more than twice and/or who has had any user-submitted content removed frm the Service more than twice. may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party.
NO CIRCUMSTANCES SHALL IFOUNDYOU, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FRM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FRM THE WEBSITES OR SERVICE, EVEN IF IFOUNDYOU HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT SHALL HAVE NO LIABILITY FOR DAMAGES ARISING FROM ANY DISPUTE BETWEEN YOURSELF AND ANOTHER USER OF THE SERVICE.
The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of Suffolk, or the United States District Court for the EasternDistrict of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of Suffolk, or the United States District Court for theEastern District of New York.