Terms & Conditions

Terms & Conditions: Part 1

Please be aware that there is a second page of these Terms and Conditions. See the link at the end of the page.

1 INTRODUCTION

1.1 These Terms & Conditions are between Spark Networks Services GmbH (the “Company”, “Spark Germany”, “we,” “us,” or “our”) and you (“you,” “your,” or “yourself”).

1.2 We are proud to provide online personals services for single adults to meet each other.

1.3 These Terms & Conditions, combined with our Privacy Policy, form a legally binding Agreement between you and us (“Agreement”).

1.4 We are responsible for the content of this website. Our details are: Spark Networks Services GmbH Kohlfurter Straße 41/43 10999 Berlin, Germany Geschäftsführer: Michael Schrezenmaier, Herbert Sablotny Handelsregisternummer: 115958 B (Registergericht: AG Charlottenburg, Berlin)

Spark Networks Services GmbH shall employ the services of its subsidiary, EliteSingles LLC, where applicable. EliteSingles LLC is a Limited Liability Company registered in Dover, Delaware, USA.

1.5 The Agreement, as it may be amended from time to time, applies to all users of any our Services.

1.6 If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Websites and Apps operated by the Company for which you do not have a Membership.

1.7 The Agreement also applies to you use of all features, widgets, plug-ins, applications, content, downloads and/or other services that:

1.7.1 we own and control and make available to you; or

1.7.2 also post a link to this Agreement.

1.8 You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).

1.9 If you violate these Terms & Conditions, we may terminate your access to our Services. THESE TERMS & CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. IF YOU RESIDE IN THE UNITED STATES OR CANADA, OR YOU BRING ANY CLAIM AGAINST THE COMPANY IN THE UNITED STATES OR CANADA: • YOU AGREE THAT DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION; • YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT; • YOU WAIVE ANY RIGHT TO A CLASS-WIDE ARBITRATION; AND • YOU WAIVE ANY RIGHT TO PARTICIPATE IN A JURY TRIAL. PLEASE READ SECTION 25.

2 DEFINITIONS

2.1 In these Terms & Conditions:

2.2 “Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.

2.3 “Desktop Apps” means the desktop applications published by the Company and which may be offered from time to time.

2.4 “Mobile Apps” means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.

2.5 “Member” means any person whose Membership to has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.

2.6 “Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).

2.7 “Privacy Policy” means the privacy policy available at https://www.silversingles.com/en-us/about/privacy, which combined with the Terms & Conditions represent the Agreement between you and the Company.

2.8 “Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).

2.9 “Terms & Conditions” means these terms and conditions which, together with the Privacy Policy, represent the Agreement between you and the Company, as varied and as amended by the Company at its full discretion at any time and published on the Websites.

2.10 “User” means any Member and/or Visitor.

2.11 “Visitor” means any person who browses the Services.

2.12 “Web Apps” means the web applications published by the Company and which may be offered from time to time.

2.13 “Website(s)” means, individually or collectively, the websites operated by the Company.

2.14 As the context may require, words in the singular may be read as the plural and the plural as the singular.

3 YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION

3.1 We are bound by European privacy laws. We explain what we do and don’t do with your data in our Privacy Policy at: https://www.silversingles.com/en-us/about/privacy

3.2 We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).

4 ACCOUNTS AND SECURITY

4.1 To access the Services, you must have an account.

4.2 You must maintain, and are responsible for, the confidentiality of your logon and password.

4.3 If requested, you must provide us with a form of identification to verify your identity.

4.4 The Services are open to everyone – subject to approval of an application by the Company according to these Terms & Conditions.

4.5 The Company requires all Users to undertake to abide by the Privacy Policy and these Terms & Conditions, including, in particular, by agreeing to the Code of Conduct at Section 6 below.

4.6 You may not use our Services if:

4.6.1 You are under the age of 18.
Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information; 4.6.2 You have ever been convicted of a violent or sexually related criminal offence. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.

4.6.3 You have previously been banned from using our Services or similar services.

4.7 The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by the Company or by others using the Services.

5 CONDITIONS OF ADMISSION

5.1 You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.

5.2 If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services.

5.3 If you:

5.3.1 use our Services; 5.3.2 click to join and/or sign in; and/or 5.3.3 check a box to indicate you agree to these Terms & Conditions, (as may be the case), we will take this as your acceptance of these Terms & Conditions and your agreement to their content.

5.4 The Company reserves the right to offer admission to its Services in its full discretion.

5.5 By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.

6 CODE OF CONDUCT

6.1 Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.

6.2 Each User irrevocably undertakes to refrain from:

6.2.1 Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;

6.2.2 Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;

6.2.3 Engaging in any illegal activity whatsoever using our Services;

6.2.4 Posting any content or making any statement in any form which: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; (g) promotes illegal or harmful activities or substances; (h) contains a link to any of content associated with the above prohibitions; and (i) is otherwise contrary to applicable laws and regulations; and

6.2.5 Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.

6.3 Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.

6.4 We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.

6.5 We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.

6.6 We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions.

7 CONDITIONS OF ACCESS

7.1 You shall select a username and a password when signing up to our Services.

7.2 When you sign up, you will become a Member of the particular brand of the Services for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member without specific registration.

7.3 Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phising.

7.4 All Users undertake not to use another Member’s username or password, or any other personal information of another User.

7.5 Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.

7.6 Each Member shall take care not to disclose strictly personal information.

7.7 We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.

7.8 We reserve the option of removing:

7.8.1 information published or present on the Websites for more than 6 months; 7.8.2 the account of a Member which has not been used for more than 6 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress.

7.9 Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.

8 PAID FEATURES

8.1 You may purchase a paid Membership for one or more of the products offered by the Company.

8.2 Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.

8.3 The price and payment procedures are permanently accessible on the Websites.

8.4 All prices stated include all relevant local taxes.

8.5 We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.

8.6 To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.

8.7 If you do not pay any amount due pursuant to these Terms & Conditions:

8.7.1 We reserve the right to suspend your access until such time as the outstanding payment is received or to terminate the contract without prior notice. The contract period shall remain unaffected by the temporary closure.

8.7.2 We may, in accordance with applicable law, forward any debt in arrears for a reasonable period to an external collection agency for recovery. Debt recovery fees will be charged by the external collection agency on the overdue account balance.

8.7.3 In accordance with applicable law, you may be charged 10% of the overdue account balance as an expense for debt recovery.

8.7.4 You are entitled to prove that the account balance is not in fact outstanding, or that the account balance is lower than alleged.

8.7.5 This clause shall not affect the assertion of damages caused by the overdue account balance.

8.8 We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”).

8.9 Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store

9 AUTOMATIC RENEWAL

9.1 We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.

10 CANCELLATION AND WITHDRAWAL

10.1 There are three ways of cancelling your Membership:

10.1.1 Cancellation of free Membership – you may cancel at any time (see Section 11); 10.1.2 Cancellation of your paid Membership during the 3 day cooling-off period (see Section 12); 10.1.3 Cancellation of the automatic renewal of your paid Membership after the cooling off period – you may cancel automatic renewal at any time and enjoy our Services until the end of the paid term (see Section 13).

11 CANCELLATION OF FREE MEMBERSHIP

11.1 You may cancel your free Membership at any time.

11.2 You may cancel by logging into your account on the Websites and following the links, or by writing to Customer Care at https://www.silversingles.com/en-us/about/customer-care or by email to cancellation@silversingles.com or by post to:

SilverSingles Customer Care - United States Spark Networks Services GmbH 3300 N. Ashton Blvd, Suite 240 Lehi, UT 84043

12 CANCELLATION OF YOUR PAID MEMBERSHIP DURING THE 3 DAY COOLING-OFF PERIOD

12.1 As a paying Member, you may withdraw from your paid Membership at any time within the first three days of making your initial payment.

12.2 You may withdraw by logging into your account on the Websites and following the links, or by writing to Customer Care at https://www.silversingles.com/en-us/about/customer-care or by email to cancellation@silversingles.com or by post to:

SilverSingles Customer Care - United States Spark Networks Services GmbH 3300 N. Ashton Blvd, Suite 240 Lehi, UT 84043

12.3 If you cancel your Membership within the first 3 days of your paid Membership and you have made any payment in advance for the Services, we will refund these amounts to you.

13 CANCELLATION OF AUTOMATIC RENEWAL

13.1 If you are a paying Member and you did not cancel your paid Membership in accordance with section 12, you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS & CONDITIONS (WHERE ALLOWED BY APPLICABLE LAW).

13.2 THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRY OF THE RELEVANT PAID PERIOD AND YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL THAT TIME. NO REFUND IS APPLICABLE UNLESS APPLICABLE LAW OR THESE TERMS & CONDITIONS OTHERWISE PROVIDE.

13.3 Following cancellation of your paid Membership, you will retain a free Membership with a more limited scope of Services.

13.4 You may cancel your automatic renewal by logging into your account on the Websites and following the links, or by writing to Customer Care at https://www.silversingles.com/en-us/about/customer-care or by email to cancellation@silversingles.com or by post to:

SilverSingles Customer Care - United States Spark Networks Services GmbH 3300 N. Ashton Blvd, Suite 240 Lehi, UT 84043

14 CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY

14.1 If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.

14.2 If we cancel a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

15 TECHNOLOGY REQUIREMENTS

15.1 The technology you use to access our Services may be required to meet minimum specifications provided by us.

15.2 We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.

15.3 You acknowledge and agree that we have no obligation to:

15.3.1 make any subsequent versions of the Apps available to you; 15.3.2 make the Apps, the Websites and/or the Services available to you at all; 15.3.3 continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.

16 TERMS & CONDITIONS – UPDATES AND AMENDMENTS

16.1 The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.

17 PROVISION OF THE SERVICE

17.1 You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.

17.2 You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.

17.3 You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.

18 LICENSE, RESTRICTIONS AND CONDITIONS OF USE

18.1 Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:

18.1.1 install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications; 18.1.2 install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and 18.1.3 view, review and utilize the Apps and any related information provided to you by the Company.

18.2 You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).

18.3 You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.

18.4 You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.

18.5 You may not:

18.5.1 remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);

18.5.2 cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;

18.5.3 sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or

18.5.4 make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services.

18.6 Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:

18.6.1 engage in any activity that: (a) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (b) is defamatory, obscene, pornographic, vulgar or offensive; (c) is violent or threatening or promotes violence or actions that are threatening to any other person; (d) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (e) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (f) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (g) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (h) is otherwise contrary to applicable laws and regulations;

18.6.2 disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;

18.6.3 institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);

18.6.4 attempt to obstruct, disrupt or interfere with the operation of the Apps, the Websites and/or the Services or any other person’s or entity’s use of the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);

18.6.5 attempt to gain unauthorized access to the Apps, the Websites, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Websites and/or the Services;

18.6.6 use the Apps, the Websites and/or the Services to (a) develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or

(b) perform any unsolicited commercial communication not permitted by applicable law. 18.7 Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.

18.8 We conduct regular of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.

18.9 We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.

18.10 The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 18 or any other terms of these Terms & Conditions.

18.11 We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.

19 LINKS TO OTHER WEBSITES

19.1 Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.

19.2 The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.

19.3 If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites.

19.4 Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.

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