Last Revised: July 27, 2020
Special notice to California Members: You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a signed and dated notice to SilverSingles Customer Care – Spark Networks Services GmbH, Attn: Customer Service 3400, N. Ashton Blvd, Suite 175, Lehi, UT 84043, writing to us https://support.silversingles.com/hc/en-us at send an email to [email protected] or send a telegram which states that you are cancelling your subscription and/or upgrade(s) or words of a similar effect. Include your Company user name and the email address used to register for the Services with such notice. For additional state specific information relating to withdrawal and/or cancellation, please see Section 22 (Withdrawal Rights).
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU BECOME A COMPANY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
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 us 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 us for products, services or otherwise.
All visitors to or users of our Sites or Services, 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 us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, 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.
Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account (you may change the email address associated with your account by going to the “settings” page). 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 us, 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 Company 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 receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by us are only available if you agree to receive 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 we 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 18 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 us and are not using the Services for reasons that are in competition with us 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.
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.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company.
You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, 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 the Company 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 access the Services 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 expressly authorized herein, without the prior written consent of the Company, 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 Company reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing [email protected], including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
The Company reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. The Company 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.
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. the Company’s designated Copyright Agent to receive notifications of claimed infringement is:
SilverSingles Customer Care – Spark Networks Services GmbH
Attn: Copyright Agent
3400 N. Ashton Blvd, Suite 175
Lehi, UT 84043 USA
[email protected] (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
“Silver Singles”, the Company’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company 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 the Company 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, freely revocable, non-exclusive right to create a text hyperlink to the Company websites for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and 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 the Company’s logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company 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 the Company’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 the Company or any third party.
The Company 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 the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. the Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company 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. You understand and agree that you access any such third-party sites and services at your own risk.
The Company 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. The Company 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 the Company 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.
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 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. The Company 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 the Company 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.
You may access and use certain features of the Services using certain mobile devices (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 the payment of those fees.
By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any 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.
THE COMPANY 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.
THE COMPANY DOES NOT REPRESENT OR 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. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
THE COMPANY 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, THE COMPANY 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.
THE COMPANY 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 OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY 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 WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, 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 THE COMPANY, 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 THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’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 OR (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY 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 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.
Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.
Unless otherwise provided, 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.
In addition to the cancellation procedure set forth in Section 13(d) above, if you are a Company subscriber in one of the following states or provinces (as determined by the zip code / postal code you use at the time of your subscription), you have the right to withdrawal your subscription in accordance with the applicable terms described below for such state or province. The date of your subscription is the date that you sign up for the subscription through our Services. Upon withdrawal of your subscription in accordance with this Section 22, your subscription benefits will terminate immediately.
If you are a Company 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 Company user name and the email address used to register for the Services) by mail at SilverSingles Customer Care – Spark Networks Services GmbH, Attn: Refund Request, 3400 N. Ashton Blvd, Suite 175, Lehi, UT 84043.
The language of this Agreement is English. Where the Company 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 the Company. 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.