Last Revised: September 5, 2014
If you have any questions or comments, you may contact Reveal by writing to us at: Reveal, Attn: Customer Service, 122 NW 36th Street, Seattle, WA 98107.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Reveal when you sign up to use, or use, such Services ("Additional Terms"). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Reveal for products, services or otherwise.
All visitors to our Sites, whether registered or not, are "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 by Reveal in its sole discretion at any time, with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services after the posting of changes or modifications will constitute your acceptance of such changes or modifications; therefore, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
1. Electronic Records
Because the Services are provided electronically, you must consent to Reveal's providing important information electronically if you wish to use the Services. You consent to Reveal’s providing this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively "Electronic Records"), rather than in paper form. Your consent applies to all notices, disclosures, documents, records or other materials of any kind that Reveal may be required to provide.
Electronic Records may be provided on our Sites and Services or sent to the email addresses or online profiles associated with your account, including friends where relevant. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing 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 Reveal, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Reveal website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.
You may withdraw your consent to Reveal’s providing Electronic Records by contacting us in writing at the address provided above. However, the Services provided by Reveal are only available if you agree to Reveal’s providing Electronic Records, and you understand that 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, provided that Reveal may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
By accessing or using the Services, you represent and warrant that: (a) you are at least 13 years old; (b) 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; (c) you have not previously been suspended or removed from the Services; (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 are not a competitor of Reveal and are not using the Services for reasons that are in competition with Reveal or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a "Specially Designated National" or (iii) placed on the Commerce Department's Table of Deny Orders.
3. Use of the Services
You agree that you will only use the Services, including the posting of any content through 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. Use of the Services is void where prohibited.
a. Member Account. You will only create one unique profile for use of the Services.
b. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password or associated online profile used for signin of your account, and you are fully responsible for all activities that occur under your account, including messages sent on your behalf where relevant.
c. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
d. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, REVEAL DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. REVEAL RESERVES THE RIGHT TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES), HOWEVER, IN ITS SOLE DISCRETION. Reveal does not make any representations, warranties or guarantees as to the conduct of its users or their compatibility with you. You acknowledge that not all users are available for matching and that Reveal may create test profiles or accounts to monitor the operation of the Services.
You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person, including stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
e. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
f. User Conduct. Reveal is not responsible or liable in any manner 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 thereof:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
- defraud, swindle or deceive other users of the Services;
- disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Services;
- collect or solicit personal information about anyone under 13;
- use the Service for any phishing, trolling or similar activities;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities; or
- attempt to access any Services or area of the Sites that you are not authorized to access.
g. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by emailing us at email@example.com.
h. Verification and Enforcement. You understand and agree that if Reveal believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Reveal may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
4. USER CONTENT
a. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, display or otherwise communicate to Reveal through the Services or to other users or nonusers (collectively referred to as "post"), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are "User Content"). Reveal 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 Reveal liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
b. Accuracy of Information. You will not provide any inaccurate, misleading, incomplete or false information or User Content to Reveal or to any other user.
c. No Duty to Review User Content. Although you understand and acknowledge that Reveal has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that Reveal 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, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
d. License of User Content to Reveal. Reveal claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Reveal, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that the User Content and the public posting and use of your User Content by Reveal will not infringe or violate the rights of or cause any harm to any third party or violate the terms of this Agreement. By posting User Content, you hereby release Reveal and its agents and employees from any claims that such use, as authorized 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. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
f. Prohibited Content. You will not post or transport to any other user any User Content that is illegal or prohibited from being posted, which includes, but is not limited to, any User Content (or links to content) that ("Prohibited Content"):
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, fraudulent or illegal;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone's data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- contains any advertising, fundraising or promotional content; or
- is, in the sole judgment of Reveal, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Reveal or its users to harm or liability of any type.
g. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information about Reveal and our Services (collectively, "Submissions"). Submissions, whether posted to the Services or provided to Reveal by email or otherwise, are non-confidential and shall become the sole property of Reveal. Reveal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
i. You understand and agree that Reveal is acting only as a Service Provider as defined in 17 U.S.C. § 512 and as an Interactive Computer Service as defined in 47 U.S.C. § 230(f)(2). As such, Reveal does not guarantee the quality, safety or legality of the User Content, or the truth or accuracy of information associated with the User Content. Further, you will not hold Reveal responsible for the actions or inactions of other Users, including any comments or keywords they post. Accordingly, you hereby irrevocably and unconditionally release and waive any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, you may have or assert against Reveal (and its officers, directors, agents, affiliates, subsidiaries, sub-licensees, affiliates, joint ventures and employees) relating to or arising out of the purchase of a license or the use of User Content. Users who are California residents hereby waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
6. COPYRIGHT AND LIMITED LICENSE
The Services contain the copyrighted material and other proprietary information of Reveal and its licensors or users including without limitation, the Reveal logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collective, "Proprietary Materials").
You are granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) "frame" or "mirror" any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Reveal 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 data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as specifically authorized herein, without the prior written consent of Reveal, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license is revocable at any time.
7. REPEAT INFRINGER POLICY
Reveal reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Reveal may also, in its sole discretion, 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.
8. COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the sites 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) an electronic or physical 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 website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Reveal's designated Copyright Agent to receive notifications of claimed infringement is:Reveal
Attn: Copyright Agent
122 NW 36th Street,
Seattle, WA 98107
(only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"REVEAL," Reveal's logos and any other trade name or slogan contained in the Services are trademarks or service marks of Reveal, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Reveal or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Reveal 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 Services 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.
You are granted a limited, non-exclusive right to create a text hyperlink to the Reveal websites for noncommercial purposes, provided such link does not portray Reveal or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Reveal's logo or proprietary graphics to link to any Reveal website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Reveal trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Reveal's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Reveal or any third party.
Reveal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Reveal and Reveal is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Reveal provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Reveal 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, including privacy and data gathering practices, of any site to which you navigate from the Services.
11. THIRD PARTY CONTENT
Reveal may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Reveal does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Reveal is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
12. 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. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Reveal is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Reveal shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
a. General. If you purchase any Services that we offer for a fee, such as a subscription to our Services (the "Paid Services"), you authorize Reveal and our designated payment processors to store your payment card information and other related information. You also agree to pay the applicable fees for the Paid Services (including 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 without limitation sales and use 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 subscription periods except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Reveal'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.
b. Payment Method. Reveal may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. Reveal charges you for Paid Services through the payment method you select when originally purchasing the Paid Services (the "Payment Method") and you agree to make payment using that Payment Method. Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (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.
c. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 13(d) BELOW PRIOR TO THE END OF THE 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 AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS, 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 YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT 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. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Reveal. You agree to promptly notify Reveal if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
f. Change in Amount Authorized. If the 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), Reveal 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 that Reveal may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
g. 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, Reveal shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment or (3) apply your payment in any combination of the foregoing ways. Reveal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
14. MOBILE SERVICES
You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the "Mobile Services"). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services. Please note that by accessing or using the Mobile Services, your carrier's normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for those fees.
In the event you change or deactivate your mobile telephone number, you agree to update your account information on Reveal within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
15. DOWNLOADABLE APPLICATIONS
By using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms and conditions of the End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
16. FREE TRIALS AND PROMOTIONS.
From time to time, we may offer free trials or other promotions (a "Promotion"). As an 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 13(d) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. Additional Terms applicable to any Promotions may be provided.
REVEAL PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
REVEAL DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REVEAL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
REVEAL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN 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, REVEAL 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.
REVEAL DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN REVEAL. UNDER NO CIRCUMSTANCES WILL REVEAL 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 TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REVEAL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, 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 WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM REVEAL, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REVEAL'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL REVEAL'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 AND (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVEAL 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 THE USE OF OR THE SERVICES, INCLUDING 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, LOSSES OR DAMAGES 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.
19. DISPUTES AND INDEMNIFICATION
a. Disputes. Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action. You agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of the State of Washington (USA), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Reveal agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state courts located in Seattle, Washington (USA) and the federal courts located in the Washington (USA) in such legal action or proceeding.
b. Indemnity. You agree to defend, indemnify and hold Reveal, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.
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.
a. Termination by Reveal. Notwithstanding anything to the contrary in this Agreement, Reveal 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 without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time 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 content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Reveal by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in Reveal's sole discretion.
b. Termination by You. In addition to any right to cancel your subscription pursuant to Section 21, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the "settings" page of your account. Except as otherwise provided by law or in this Agreement, you will not be entitled to any refund of the fees you have paid to Reveal and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
21. CANCELLATION RIGHTS
In addition to the cancellation procedure set forth in Section 13(d) above, if you are a Reveal subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. 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 21, 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 Reveal user name and the email address used to register for the Services) must be sent by certified mail to Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107, or personally delivered to our offices at that address.
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 Reveal user name and the email address used to register for the Services) to Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107, 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.
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: REVEAL, INC., ATTN: REFUND REQUEST, P.O. BOX 2888, SAN FRANCISCO, CA 94126-2888. 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 REVEAL 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 Reveal user name and the email address used to register for the Services) must be sent by certified or registered mail to Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107.
e. Iowa. You have the right to cancel your subscription, without any penalty or obligation, within three business days following the date you became a subscriber. A written notice of cancellation (which includes your Reveal user name and the email address used to register for the Services) must be mailed or delivered to Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107 or send a telegram.
f. Minnesota. MEMBERS' RIGHT TO CANCEL. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. 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 sign this contract. The notice must be delivered or mailed to: Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107. If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Reveal 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 REVEAL, ATTN: REFUND REQUEST, P.O. BOX 2888, SAN FRANCISCO, CA 94126-2888. 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 REVEAL USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
h. Ohio. You have the right to cancel your subscription, without any penalty or obligation, until midnight of the third business day after the date you became a subscriber. A written notice of cancellation (which includes your Reveal user name and the email address used to register for the Services) must be sent by certified mail, return receipt requested, or delivered to Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107 or send a telegram.
i. Rhode Island. NOTICE OF CANCELLATION. You may cancel your subscription at any time prior to midnight of the third business day after your receipt of a copy of this contract by mailing, by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation at Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107. If you cancel under this provision, any payments made by you under the Agreement will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Reveal user name and the email address used to register for the Services with such notice.
j. 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 Reveal by any writing mailed or delivered to Reveal at the address shown on the contract, 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 Reveal and arrangements will be made to relieve you of any further obligation to pay the same. Include your Reveal user name and the email address used to register for the Services with such notice.
22. STATE SPECIFIC PROVISIONS
If you are a Reveal 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 Reveal user name and the email address used to register for the Services) by mail at Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107.
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):
- 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 Reveal. If the physician determines that the duration of the disability will be less than six months, you may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
- You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical service office.
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):
- You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical service office.
- 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):
- If you subscribe for any Paid Services, Reveal 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 Reveal 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.
- Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Reveal's business by another company or third party or in the event of bankruptcy, Reveal 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.
- If you permanently relocate your primary residence further than 50 miles from any area in which Reveal offers the Services, you may elect to terminate your subscription by notifying us in writing at the address stated in this Agreement. 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.
- 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 Reveal in writing (which includes your Reveal user name and the email address used to register for the Services) at Reveal, Attn: Refund Request, 122 NW 36th Street, Seattle, WA 98107.
- If you purchase a subscription that automatically renews, as described in Section 13(c) above, the subscription will only automatically renew until a total term of 2 years has been reached.
d. Wisconsin. The following additional provision applies if you are a Wisconsin subscriber (as determined by the zip code you use at the time of your subscription): If you purchase a subscription which automatically renews, as described in Section 13(c) above, the subscription will only automatically renew until a total term of 2 years has been reached.
You agree that this Agreement, together with the Additional Terms, contains the entire agreement between you and Reveal regarding the use of the Services and supersedes all prior agreements and understandings (including 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 is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted 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. The failure of Reveal 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 Reveal owns a 50% or greater interest in, 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.
24. LANGUAGE OF THE AGREEMENT
The language of this Agreement is English. Where Reveal has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Reveal. 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.