Collection and Use of Personal Information
We collect personal information about you whenever you engage in commerce transactions on the Site, use the Site’s products or services, request information or materials, create or update account information, place orders or make purchases, communicate with us, or visit the Site. The personal information we collect and store about you may include without limitation your first and last name, email address, credit or debit card number, telephone numbers, billing and shipping information, order history, and other non-public information about you.
We may use the information we collect to:
- Provide superior services;
- Keep you apprised of information and developments that you may find of interest;
- Alert you to new features, terms, content, products or services;
- Contact you regarding your posts, replies, and/or account information;
- Process and respond to your inquiries;
- Improve the Site;
- Administer, monitor and control use of the Site, including posts, replies, and account information; and
You authorize the Site to transmit email to you to respond to your communications and administer Activities. If you choose to receive mobile notifications, you authorize and agree that the Site may send text messages to your mobile phone, and you will be responsible for any message or data charges that may apply.
Disclosure of Personal Information to Third Parties
We may disclose your personal information to agents and operators under confidentiality or similar agreements, including shippers, vendors, payment processors, and advertisers, who we believe reasonably need to come into contact with that information: to provide products or services to you; (ii) to administer our business or the Site, including fulfilling and shipping orders; (iii) to provide customer service; (iv) to update account information; (v) to forward updates, announcements, and newsletters; (vi) to respond to your communications, and communicate with you about the Site and other activities related to the Site; (vii) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of the Site’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (viii) as otherwise authorized by you.
Disclosure in Other Circumstances
Please note that if you post any of your personal information on the Site, such information may be collected and used by others over whom the Site has no control. The Site is not responsible for the use by third parties of information you post or otherwise make public.
Collection of Non-Personal Information Using Cookies
We and certain service providers operating on our behalf collect information about your activity on our Site using tracking technologies such as cookies. This tracking data is used for many purposes, including, for example, to deliver relevant content based on your preferences, usage patterns and location; (ii) monitor and evaluate the use and operation of our Site; and (iii) analyze traffic on our Site and on the sites of third parties.
Non-personal information collected includes, without limitation, your Internet Protocol ("IP") address, the pages you request, the type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome or Internet Explorer), the domain name of the Internet service provider, your activities while visiting the Site and the content you accessed. We may also collect your geolocation information when you visit our Site, including location information either provided by a mobile device interacting with our Site, or associated with your IP address, where we are permitted by law to process this information.
Advertisers and third parties also may collect information about your activity on our Site and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see on third-party sites and applications, but does not identify you personally. You may choose not to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers. You may also choose to control targeted advertising you receive within applications by using your mobile device settings (for example, by re-setting your device’s advertising identifier and/or opting out of interest based ads).
Communication from the Site/Opt-Out
From time to time, we may send you information with announcements and updates about the Site and your account. You may elect to opt-out of ongoing e-mail communication from us, such as newsletters, subscriptions, account information, promotional materials, contest results, survey inquiries, etc. by using a simple "opt out" procedure. You need only reply to the communication with the word "unsubscribe" (without the quotation marks) in the body of your e-mail response and your name will be removed from that mailing list. However, if you opt-out of receiving our announcements and updates about your account, you may no longer have access to areas restricted to account members.
Correction/Update of Personal Information
If your personal information changes, you may review/correct/update your personal information previously provided at any time by contacting us. You may also have your personal profile data or account deleted. However, if you have your personal profile data deleted from our database, you may forfeit entrance rights to areas restricted to account members and certain benefits for account members.
Notice of Privacy Rights of California Residents
If you are a California resident and have provided personal information to the Site, you are entitled by law to request certain information regarding any disclosure by the Site to third parties of personal information for their direct marketing purposes. To make such a request contact us, specifying that you seek your "California Customer Choice Privacy Notice." Please allow thirty (30) days for a response. The Site is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above contact form.
We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by contacting us HERE.
When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.
The Site is not intended for people under 21 nor does the Site knowingly collect personal information from people under 21. The Site does not orient this Site toward people under 21 or target them as an audience, nor does it screen them from using the Site. Some of the material on this Site is for mature audiences, and parents and guardians should take responsibility for monitoring their children’s computer use. The Site does not collect or distribute information indicating whether a user is under 21.
Links to Other sites
This Site provides links and pointers to Web sites maintained by other organizations. The Site provides these links as a convenience to users, but it does not operate, control or endorse such sites. The Site also disclaims any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites. The Site does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer.
E-Commerce and Our Secure Server
We understand that storing data in a secure manner is important. We store personal information using industry standard, reasonable and technically feasible, physical, technical and administrative safeguards against foreseeable risks, such as unauthorized access. All commerce transactions that take place on the Site are processed through a secure server in order to make every reasonable effort to insure that your personal information is protected.
Please be aware that the Site and data storage are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond the Site’s control. We cannot guarantee the security of the information on and sent from the Site.
On our Site, you may have the opportunity to follow a link to other sites that may be of interest to you. We are not responsible for the privacy practices of those sites or the content provided thereon. We disclaim any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.
Policy Changes and Acceptance
The Site reserves the right to change the Terms at any time and for any reason. Updated versions of the Terms will be posted to the Site at Onlycupid.com and you should visit this page periodically to keep apprised of any changes. By continuing to use the Site after any such change, you accept and agree to the modified Terms. The Site reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site.
Without limitation, you agree to refrain from the following actions while using the Site:
- Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
- Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;
- a. Posting adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable federal, state, and local law; and you are at least 20 years of age or older and not considered to be a minor in your state of residence; (b) Posting, anywhere on the Site, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in the sole discretion of Onlycupid.com; (c) Posting any solicitation directly or in "coded" fashion for any illegal service exchanging sexual favors for money or other valuable consideration; (d) Posting any material on the Site that exploits minors in any way; (e) Posting any material on the Site that in any way constitutes or assists in human trafficking.
- Posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
- Sending mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Site unless the user has granted permission in their ad or otherwise allowed contact for solicitation;
- Deleting or revising any material posted by any other user;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site;
- Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site:
- Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
- Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
- Discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;
- Posting any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;
- Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.
- Posting free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted;
- Please report any violations of these Terms by contacting us HERE.
- You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
Use of Materials
Any ads or messages that you post, transmit, or otherwise make available for viewing on public areas of the Site will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Site or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Termination of Access
The Site has the right to terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Site liable for such termination, and further agree not to attempt to use the Site after termination.
No Third Party Beneficiaries
Copyright and Trademarks
All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Site, you grant the Site, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.
Notification of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your name, address, telephone number and e-mail address;
- A signed 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 6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our copyright agent can be reached by contacting us HERE.
We also have a method of reporting posts within posts pages. This can be used to contact us in regard to any concern about a post.
The Site has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Site, whether or not they may be affiliated with the Site. Any websites linked to or from the Site are for your convenience only, and you access them at your own risk.
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site. In addition, it does not endorse any opinions or recommendations posted by others. Any information posted on the Site is the responsibility of the person or persons posting the message. Any user who violates the Terms may be permanently banned from posting ads or using the Site. You understand that all postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively "Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person from whom such Content originated. You understand that the Site does not control, and is not responsible for Content available on the Site. You agree that the Site does not pre-screen, monitor or approve any Content, but that the Site shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Site is under no obligation to become involved in any disputes between you and other users of the Site or between you and any other third parties.
You agree that our service is a venue for posters and users of the Site. In the event that you have a dispute with any user of the Site, you agree that the Site is under no obligation to become involved. You further agree to release the Site from any and all claims, demands, and damages arising out of or in connection with such dispute.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account. The Site does not offer any refunds for the early cancellation of paid sponsor ads or paid print ads. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.
You acknowledge, consent and agree that the Site may access, preserve and disclose your account information and Content you upload, post, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public.
Disclaimer of Warranties for Site
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THESE CLASSIFIEDS. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS CLASSIFIEDS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
The information, services and products available to you on this Site may contain errors and are subject to periods of interruption. While the Site does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE, (ii) ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other users of the Site using your computer, of any intellectual property or other right of any person or entity. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdiction and Choice of Law
These Terms are exclusively governed by England law. Any disputes arising from or in relation to the use of the Site or these Terms shall be subject to the jurisdiction of the competent court in London. Disputes must be filed within 1 (one) year such dispute arose.
These Terms constitute the entire agreement between you and the Site and govern your use of the Site, superseding any prior agreements between you and the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Site. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please report any violations of these by contacting us.
Severance and Waiver
You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
The Site's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Site.