Terms Of Use

Worst case scenario: you helped people.

Welcome to GiveAndDate.com (the "Website"), a service used by single adults to meet each other online (the "Service"). This is a legal agreement ("Agreement") between you and Goodsell & General Hijinks, LLC (the "Company"), the operator of the Website. By accessing the Website you agree to be bound by the terms of this Agreement, whether or not you register as a member of the website. Welcome to GiveAndDate.com (the "Website"), a service used by single adults to meet each other online (the "Service"). This is a legal agreement ("Agreement") between you and Goodsell & General Hijinks, LLC (the "Company"), the operator of the Website. By accessing the Website you agree to be bound by the terms of this Agreement, whether or not you register as a member of the website. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT OR IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT, DO NOT USE THE WEBSITE OR THE SERVICE. Your continued use of the Website constitutes your acceptance of this Agreement. This Agreement is subject to change by the Company in its sole discretion at any time, with or without notice, effective upon posting on the Website. Your continued use of this Website after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when this Agreement was last revised.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. By accessing the Website you consent to have this Agreement provided to you in electronic form. You have the right to receive this Agreement in non-electronic form. To receive a hard copy of this Agreement send a request via email to Hello@GiveAndDate.com and include your mailing address.

ELIGIBILITY

You must be at least eighteen (18) years of age and single or separated from your spouse to access the Website or use the Service. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that: (i) 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; (ii) you are at least 18 years old; (iii) you are either single or separated from your spouse; and (iv) you have never been convicted of a felony and are not required to register as a sex offender with any government entity.

The Website does not currently conduct criminal background screenings on its members. However, the Website reserves the right to conduct a criminal background check at any time, and using available public records, to confirm your compliance.

TERM AND TERMINATION

This Agreement will remain in effect while you use the Website and/or the Service. You may terminate your membership at any time, for any reason, by following the instructions on your profile page to deactivate your account or by sending the Website written notice of termination to Hello@GiveAndDate.com. The Company may immediately terminate or suspend your membership or your access to the Website for any reason or no reason effective at the discretion of the Company. The Company also reserves the right to remove your account information or data from the Website and any other records at any time at our sole discretion. If the Company terminates your membership in the Service or access to the Website because you have breached this Agreement, you agree that all fees then paid to the Website by you will be nonrefundable and all outstanding or pending payments will be immediately due. All decisions regarding the termination of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you notice prior to terminating your membership and/or access to the Website. The Company is not required, and may be prohibited, from disclosing a reason for the termination of your account. Following any termination of your account or access to the Website, the Company reserves the right to send a notice thereof to other registered users with whom you have corresponded. Even after your membership or access is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

USE OF WEBSITE AND CONTENT POSTED BY YOU

You are solely responsible for, and assume all liability regarding: i) all interactions you have with other users of the Website and the Service and ii) the information and content that you transmit, post, publish or otherwise make available through the Service and the Website.

Unless your choose to opt out of being profiled on the Website by setting your profile to private, you agree to, and hereby give authority to the Company to, post on the Website the personal information (your "Information") you provide to the Company in the course of your participation as a Featured Person (as defined below) on the Website. A "Featured Person" is defined as a person who is specifically profiled on the Website to solicit direct email contact from other users of the Website and the Service (the "Users") to you regarding dating proposals, with Users paying a fee to the Company for such email contact. You acknowledge that Users of the Website will be contacting you directly, without supervision from the Company. You acknowledge that by setting your profile to private no Website users will be able to see your profile or contact you.

You assume all risks associated with using the Website and the Service, including all risks associated with any online and offline interactions with others. You agree to take all necessary precautions when meeting people through the Service and you further agree to review and follow the recommendations set forth in our Dating Safety Tips available on the Website. You acknowledge that the Company makes no express or implied guarantees regarding: (i) your compatibility with individuals you meet through the Website and the Service or (ii) the conduct of such individuals. You further acknowledge that the Company makes no guarantees as to the number of dates that you will schedule based on your use of the Website and the Service.

You agree to promptly report to the Company any violation of this Agreement by any other user of the Website or the Service. The Company reserves the right, but has no obligation, to monitor the information or material that you post or transmit pursuant to your use of the Website and the Service.

The following is a partial list of the kind of content that is illegal or prohibited on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication from the Website and terminating the access of such violators to the Website and the Service. You agree that you will not post on the Website, transmit to other users, communicate any content or engage in any activity on the Website or related to the Service that:

is offensive to the online community such as: (i) content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or (ii) content that is defamatory, inaccurate, misleading, abusive, threatening, sexually oriented, obscene or otherwise objectionable;
is intended to harass, threaten or intimidate any other users of the Website or the Service;
contains the copyrighted or proprietary work of another person without first obtaining permission from such person or promotes or enables the unauthorized use of copyrighted or proprietary work;
promotes or enables illegal or unlawful activities, including but not limited to, providing instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy or providing or creating computer viruses;
solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
engages in commercial activities and/or sales of any kind without our prior written consent;
is intended to defraud or deceive other users of the Website and/or the Service;
involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
contains video, photographs or images of another person without his or her permission;
contains viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;
uses scripts, bots or other automated technology to access the Website or the Service;
impersonates, or otherwise misrepresents affiliation or association with any person or entity;
is intended to interfere with other users’ enjoyment of the Website or the Service;
is intended to modify, adapt, sublicense, sell, reverse engineer, decipher, or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service.
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); or
otherwise is inappropriate for the Website, in the sole judgment of the Company.

By posting information or content on the Website you automatically grant, and you represent and warrant that you have the right to grant, to the Company and the Website users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

You will not provide inaccurate, misleading or false information to the Company or to any other user of the Website or the Service. If information provided to the Company or another user subsequently becomes inaccurate, misleading or false, you will promptly notify the Company or such user, as applicable, of such change.

Your use of the Website and the Service, including but not limited to the content you post or transmit, must be in accordance with any and all applicable laws and regulations.

You will not harass, annoy, intimidate or threaten any Company owner, officer, employee, agent or representative engaged in providing any portion of the Services to you. If we feel that your behavior towards any owner, officer, employee, agent or representative of the Company is at any time threatening or offensive, we reserve the right to immediately terminate your access to the Website and the Service and you will not be entitled to any refund of unused fees.

It is possible that other users of the Website and/or the Service (including unauthorized users) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website and the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you may choose to disclose on the Website or in the course of using the Service. Please carefully select the type of information that you disclose on the Website or to other users. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via The Feedback Form so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other USERS OF THE WEBSITE AND THE SERVICE. THE COMPANY makes no representations or warranties as to the conduct of USERS or their compatibility with any current or future USERS. 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 WEBSITE AND/OR the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of THE WEBSITE AND THE Service or persons you meet through thE WEBSITE OR THE Service. You agree to take reasonable precautions in all interactions with other USERS of the WEBSITE AND THE Service, particularly if you decide to meet offline or in person. In addition, you agree to review OUR DATING SAFETY TIPS prior to using the Service.

MEMBER ID AND PASSWORD/ACCOUNT SECURITY

You are solely responsible for maintaining the confidentiality of the username and password that you designate during the registration process. We may refuse to accept any username for any reason as we determine in our sole discretion. You may have only one username and you agree not to transfer or resell your use of or access to the Website or the Service to any third party. You are fully responsible for all activities that occur under your username and password. You agree to notify the Company of any unauthorized use of your username and password or any other breach of security. The Company will not be liable for any loss or damage arising from the unauthorized use of your username and password.

NON-COMMERCIAL USE

The Website and the Service are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and businesses may not use the Website or the Service for any purpose. Collecting usernames or email addresses of users, or other information on the Website, by electronic or other means is prohibited. Framing of or linking to the Website without our written permission is prohibited. You will not advertise or solicit any user to buy or sell any products or services through the Website or the Service and you will not use any information collected from the Website or the Service to advertise, solicit or sell to any user without their prior consent. Suspected violation of these prohibitions may be investigated and appropriate legal action will be taken. Use of the Website and the Service is with the permission of the Company and may be revoked at any time, for any reason, at the sole discretion of the Company.

PRIVACY

Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. For information about the collection and possible use of information provided by you to the Website, please refer to our Privacy Policy. By using the Website and/or the Service, you are consenting to the terms of our Privacy Policy.

PROPRIETARY RIGHTS

The Company owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks and other proprietary information of the Company and its licensors. Except for that information which is in the public domain or for which you have received written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information of the Company, or any other third party, that is accessible via the Service and the Website.

Any and all information or content made available through the Service, but not directly by the Company, are the views or opinions of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website or transmitted to or by any users of the Website or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website or is transmitted to or by any users of the Website or Service. Under no circumstances will the Company be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users.

We welcome your comments regarding the Service and the Website. However, we will not accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested so please do not submit materials of this nature. If you do submit to us creative ideas, suggestions, inventions or other information, such submission shall be the property of the Company. Such submissions shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of the submission. The Company shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

CHARGES TO YOUR BILLING ACCOUNT

For any fee-based transactions that you initiate through the Website and the Service, you agree to pay all charges at the prices then in effect for such transactions. All payments will be processed by Amazon Payment Services, our third-party payment processing agent (the "Processing Agent"). You authorize the Company and the Processing Agent to charge your chosen payment provider. You agree to make payment using that selected payment method. The Company and the Processing Agent reserve the right to correct any errors or mistakes that either has made even if payment has already been requested or received. You agree to provide current and complete information when paying for a fee-based transaction. If we do not receive payment from your chosen payment provider, then you agree to pay upon demand all amounts due from your use of the Website and the Services.

MEMBER DISPUTES

You are solely responsible for any and all interactions with other users of the Website and the Service. The Company reserves the right, but is not obligated, to monitor disputes between you and other users of the Website and the Service.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE WEBSITE OR THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER WHETHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE WEBSITE OR THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTAINDING ANYTHING TO THE CONRARY CONTAINED HEREIN, UNDER NO CIRCUMSTANCES WILL THE WEBSITE’S AND/OR THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE AMOUNT PAID BY YOU TO THE WEBSITE, OR, IF YOU HAVE NOT PAID ANY MONEY TO THE WEBSITE, THE AMOUNT OF US$20.00.

TO THE MAXIMUM EXENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR THE SERVICE. 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. THE WEBSITE AND THE COMPANY MAY, BUT ARE NOT REQUIRED TO, VERIFY INFORMATION PROVIDED BY USERS OF THE WEBSITE. YOU AGREE THAT THE WEBSITE AND THE COMPANY WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION.

INDEMNIFICATION

You agree to indemnify and hold the Website and the Company, and, as applicable, their respective members, officers, subsidiaries, affiliates, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.

NO WARRANTY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND THE SERVICE.

The Website and the Company are not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Service. The Website and the Company are not responsible for the online or offline conduct of any user of the Website or the Service.

The Website and the Company assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Website and the Company are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or the Service. Under no circumstances will the Website or the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any content posted on the Website, or any interactions between users of the Website, whether online or offline.

The Website and the Company cannot guarantee and do not promise any specific results from use of the Website and/or the Service. You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that the Website and the Company cannot be responsible for this risk or other third party illegal activity.

MODIFICATION TO SERVICE

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Service.

COPYRIGHT POLICY

You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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 Copyright Agent for notice of claims of copyright infringement can be reached at the following email address: Legal@GiveAndDate.com.

LINKS/ADVERTISING

The Website may contain, or third parties may provide on or through the Website, links to websites of third-parties or other resources, which are not under the control of the Company. You acknowledge and agree that the Company: 1) provides these links only as a convenience to you, 2) is not responsible or liable for any content, products or other materials on or available from such websites, 3) does not endorse such websites or the content on such websites and 4) will not be responsible or liable, directly or indirectly, for any loss or damage of any sort caused, or alleged to be caused, by or in connection with your dealings with such websites.

BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Website and the Service, the Company reserves the right at any time, in its sole discretion, to block users from certain IP addresses from accessing the Website.

COMPLAINTS/LAW ENFORCEMENT CONTACT

To resolve a complaint regarding the Website or the Service, you should review our Frequently Asked Questions (FAQ) by clicking here, or e-mail us at Hello@GiveAndDate.com.

US EXPORT CONTROLS

Use of this Website and the Service is subject to United States export controls. No use of the Website or the Service is permitted by: (i) a national or resident of Cuba, Iran, Iraq, Libya, North Korea or Syria or any other Country to which the United States has embargoed goods, or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Website or the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any list. Use of the Website and the Service are void where prohibited. To the extent that the Service is not legal in your jurisdiction, you may not use the Service. The Service may not be used where prohibited by law.

JURISDICTION/GOVERNING LAW

If there is any dispute between us about or involving the Website or the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you agree and consent to personal jurisdiction and venue in the state and federal courts located in New York, in Kings County, for the resolution of any such dispute.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

MISCELLANEOUS

This Agreement and the Privacy Policy, each accepted on your use of the Website, contain the entire agreement between you and the Company regarding the use of the Website and the Service, superseding any prior agreements between you and the Company related to the use of the Website and the Service (including, but not limited to, any prior versions of this Agreement). If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

Please contact us at Hello@GiveAndDate.com with any questions regarding this Agreement. This Agreement was last revised on February 6, 2010.