Date My Friend™ Terms of Use
Thank you for using Date My Friend (sometimes called DMF™) either by downloading our mobile application or visiting us at our website. DMF makes finding dates and mates social by giving you the tools to include your friends and family (your “Wingmen”) in deciding who you meet. Whether you visit DMF through the Website or download the mobile application, (collectively “Site”) these Terms of Use (“Terms”) and the Date My Friend Privacy Policy represent an agreement between you and Date My Friend regarding your use of the Site and operation of the Site. By accessing and using the Site you are agreeing to be bound by and comply with these Terms of Use and the Privacy Policy. Please do not use this Site if you do not agree to all of these Terms including the Privacy Policy. The latest Terms and Privacy Policy can be found on our website here (Terms) and here (Privacy Policy). DMF has the right to revise these Terms at any time in its sole discretion. If DMF makes a material revision to the Terms or Privacy Policy we will let you know on the Site. Your continued use of the Site will confirm your acceptance of the revised Terms and Privacy Policy. If you do not agree to the revised Terms and/or Privacy Policy you must stop using the Site. Since this is a contract, DMF has the right to terminate it and prevent you from using the Site if you violate these Terms, in addition to pursuing any and all claims of relief available to DMF under the law.
FIRST, SOME GENERAL GUIDELINES:
• You have to be at least 18 years old to use DMF. No exceptions!
Even if you’re just interested in being a ‘wingman’ you have to be 18 years or older. If you’re not 18 yet, come back when you are.
• You agree to create only one profile and to join only if you’re interested in dating or matchmaking for your friends. No lookie-loos.
• Use your own pictures and try to pick recent shots. You likely have some great pics from college, however if that was 10+ years ago, they’re likely a bit dated. Also, don’t use pictures with other people in them without everyone’s approval and don’t use pictures that you don’t own and/or have express (meaning legal) agreement to use.
• No children in your profile pictures ever. Even if they’re your kids and they’re super cute, you can’t upload photos that include kiddos (i.e. people under age 18).
• No pornographic material ever. Use good judgement when selecting pictures. We get that you’re all adults, but let’s keep the pictures to ones you’d be willing to show your Mom.
• Be yourself. If we discover you’re pretending to be someone you’re not, we’ll disable your account. And report you to law enforcement if your intentions are unlawful. Hopefully this won’t happen too often on DMF since your friends will be here to ‘keep you honest’ if you start stretching the truth. Your perfect match will like you for who you are so please don’t mislead or deceive.
• By using the Site, you represent and warrant that you have never been convicted of a felony involving domestic violence and/or sexual assault and/or are not required to register as a sex offender with any government entity. While we do not screen or conduct background checks on Daters or Wingman, we reserve the right to do so at any time. If you violate this provision, we will terminate your account and take any other legal action we deem prudent.
• Be respectful and use your best manners. We will not allow:
– Suggestive, obscene, threatening or harassing comments
– Profanity
– Offensive language related to race, ethnicity or sexual orientation
– Content that is defamatory, unlawful or libelous
– Mean or rude people
• No illegal activity or content that would create liability or violate the law.
• No spam or commercial activity. We’re about fun and dating, so if we catch you using DMF to spam or sell stuff, we’ll disable your account.
CREATING AN ACCOUNT
DMF gives all users the opportunity to play wingmen. You can also opt-in to be a Dater and provide us a bit more information so we can find you great matches. As we’re successful and your ‘single’ status changes to ‘taken’ you can opt-out as a dater and stay on as a wingman.
When creating an account, you must:
– Be the owner of or have a license to use any and all
pictures and information provided both in your public profile and
provided privately to DMF during the creation of your account;
– Do not post your contact information, including but not
limited to, phone numbers, email addresses, social media accounts
(unless DMF provides an opportunity to link your social network
account with your DMF profile) or home address.
Daters cannot communicate with each other until after their respective Wingmen have had a conversation. So you must invite a friend, relative or confidant to join you in finding the perfect mate. As a Dater you can browse and save matches who you think are interesting. But your Wingman then helps you to find more about them and whether you will be a good fit. Choose your Wingmen wisely!
USING THE SERVICE
All of the information you provide to DMF is stored in the United States. It may not be available or legal for your use in other jurisdictions. Use of the Site is void where prohibited. We make no guarantees that you will successfully find a match on the Site or even find someone you like. In addition to not providing false, inaccurate or misleading information to DMF, you will not provide false, inaccurate or misleading information to any other Dater or Wingman through the Site. You will promptly report any violations of our Terms or the law or any harassing or offensive behavior by any Site user to us. You grant us a perpetual, non-exclusive, fully paid and worldwide license to use, reproduce, publicly perform, publicly display and distribute, and to prepare derivative works of, or incorporate into other works any information, pictures, data or other content you provide to us either through the Site or directly to us and to grant and authorize us to issue sub-licenses of any the foregoing rights. You can modify the information on your account at any time by signing in using your password. You can delete information from your account in the same way. You can also modify your status at any time to move from a dater to a wingman or vice versa. You can delete your account and ask us to permanently remove your data from our servers by sending us an email to info@datemyfriend.co. It may take up to 30 days for the information to be deleted. However, if you have violated this policy or our terms of service we may retain portions of your information if we deem it necessary to conduct an investigation or prohibit you from using our services in the future. Information or content you have shared with Daters or Wingmen on the App may still be available to them in their account. Additionally, any correspondence you have had with us directly will be retained.
DISCLAIMER
THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT DMF OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The above disclaimer applies to any and all damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use,
whether for breach of contract, tort, negligence or any other
cause of action.
We reserve the right to do any of the following, at any time,
without notice, to: (1) modify, suspend or terminate the operation
of or access to the Site, or any portion thereof, for any reason;
(2) modify or change the Site, or any portion thereof, and any
applicable policies or terms related thereto; and (3) interrupt
the operation of the Site, or any portion thereof, as necessary to
perform routine or non-routine maintenance, error correction, or
other changes.
Furthermore, we reserve the right to suspend and/or terminate your
account at any time and for any reason or no reason.
Much of the content you will access on the Site is provided by
third parties who, like you, are solely responsible for the
accuracy, truthfulness, non-infringement and compliance with these
Terms as you are. DMF does not guarantee the accuracy,
completeness or usefulness of any information provided on the
Site, nor does it adopt, endorse or accept responsibility for the
accuracy or reliability of any content provided by any party other
than DMF. Under no circumstances will DMF be responsible for any
loss or damage resulting from anyone’s reliance on information or
other content posted on the services, or transmitted to or by any
users.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL DATE MY FRIEND, INC. BE LIABLE TO YOU FOR ANY AND/OR ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE DAMAGES OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF DMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE; (III) YOUR RELIANCE ON CONTENT OR INFORMATION POSTED ON THE SITE OR TRANSMITTED TO YOU BY ANYONE OTHER THAN DMF; (IV) ANY INJURY WHETHER EMOTIONAL OR PHYSICAL SUFFERED BY YOU AS A RESULT OF MEETING SOMEONE AND/OR INTERACTING WITH SOMEONE ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our agents, representatives and other authorized users, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Site, and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LOCATION AND JURISDICTION
You agree that any action at law or in equity arising out of or relating to these Terms, the Privacy Policy and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Santa Clara County, CA and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
INTELLECTUAL PROPERTY
Everything on this Site except your personal information that you
provide us through the Site is owned by DMF or other users. It is
not owned by you. You cannot steal it, scrape it, record it, copy
it, revise it, reverse engineer it, or use it in any way other
than how we have presented it to you on the Site. Any violation of
these Terms or improper use of the intellectual property on the
website is a violation of law and DMF will cooperate with the
intellectual property owners to prosecute such violations to the
fullest extent of the law.
Additionally, if you choose to send DMF any feedback, suggestions,
critiques, or other information regarding improvements, additions
and/or substitutions to the Site (“Feedback”), you hereby assign
to DMF all right, title and interest (including, without
limitation, all patent rights, design rights, copyrights including
moral rights and trade secrets) in the Feedback.
Any commercial distribution, publishing or exploitation of the
Site, or any content, code, data or materials on the Site, is
strictly prohibited unless you have received the express prior
permission of DMF or the applicable rights holder.
Effective as of May, 2017