Terms and conditions
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON “SIGN UP” BUTTON, ONCE THE BUTTON IS CLICKED YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY HeAndSheToday AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
The terms of Acceptable Use Policy for Content Posted on the Website, and any notices regarding the Websites are incorporated by reference into this Agreement.
- Eligibility. By becoming a Member, You represent and warrant that You are at least 18 years old. Membership in the Service is void where prohibited. By using the Website, You represent and warrant that 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. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.
- Term. This Agreement will remain in full force and effect while You use the Website and/or are a Member of HeAndSheToday. You may terminate Your membership at any time, for any reason, effective upon receipt of Your written notice of termination by HeAndSheToday customer support staff.
- HeAndSheToday may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided for at registration, or to any other email address provided by You to HeAndSheToday staff. Upon termination by HeAndSheToday without cause, You shall receive a refund, pro rata, of any unused credits or fees that HeAndSheToday has received from You. If Your membership with HeAndSheToday is terminated by reason of violation of this Agreement, or at Your request, You will not be entitled to, nor shall HeAndSheToday be liable to You, for any refund of unused credits or paid fees for using HeAndSheToday additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding Your membership being terminated, this Agreement will remain in full effect.
- Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that You will not create any databases, websites, software, legal entities and services competitive with the Website. If You are a female Member, You further represent and warrant that You will not allow Your photo, profile or email address to appear in any databases, websites or services competitive with the Website. S uch activity will be investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
- Proprietary Rights in Content.HeAndSheToday owns, licenses or otherwise retains all intellectual property rights in the Website and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of HeAndSheToday and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Website.
- You understand and agree that HeAndSheToday may at its sole discretion store for review, review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, "Content") that in the sole judgment of HeAndSheToday violate this Agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members.
- You are solely responsible for the Content that You publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting Content to any public area of HeAndSheToday You automatically grant, represent and warrant that You have the right to grant to HeAndSheToday an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, 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 sublicenses of the foregoing.
The following is a partial list of Content that is illegal or prohibited on the Website. HeAndSheToday reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending
communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that You know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without HeAndSheToday prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in Your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not include in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
- You may not publish false or inaccurate information in your Member profile. You may not create duplicate profiles. HeAndSheToday reserves the right to terminate the membership and deactivate the profile of any Member violating this provision.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although HeAndSheToday cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect its Members from such advertising or solicitation, HeAndSheToday reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HeAndSheToday deems appropriate in its sole discretion.
- To ensure the quality of the Service provided, Your phone call, or live chat through the Website may be recorded.
- Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please supply HeAndSheToday 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 on such copyright 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.
- Member Disputes. You are solely responsible for Your interactions with other HeAndSheToday Members. HeAndSheToday reserves the right, but has no obligation, to monitor disputes between You and other Members.
- Disclaimers. HeAndSheToday PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OR HeAndSheToday OR OTHERWISE WITH RESPECT TO THE SERVICE. HeAndSheToday SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, HeAndSheToday DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. HeAndSheToday DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, HeAndSheToday cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. HeAndSheToday is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. HeAndSheToday DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. HeAndSheToday is 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, Members or by any of the equipment or programming associated with or utilized in the Service. HeAndSheToday is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. HeAndSheToday assumes 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 or Member communications. HeAndSheToday is 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 and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will HeAndSheToday 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 transmitted to Members, or any interactions between users of the Website, whether online or offline.
Suppliers. To provide the Service, HeAndSheToday purchases services from various agencies (collectively, "Suppliers").
The Suppliers are independent contractors and are not agents, or employees of HeAndSheToday. HeAndSheToday is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its
respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its
Suppliers, HeAndSheToday is prohibited from rendering the Suppliers' contact information. Services provided by the Suppliers include but are not limited to the following:
- Suppliers provide full, accurate and legitimate information required for the registration of the female Members at HeAndSheToday prior to their registration according to the terms of Agreement.
- Suppliers provide full, correct and quality translation of all correspondence of their female Members and their prospective soul-mates, Members of HeAndSheToday.
- Suppliers provide additional services in accordance to the terms of their agreement with HeAndSheToday.
- Any additional services requested by HeAndSheToday Members, which fall into the Suppliers' scope of activity, but not defined by HeAndSheToday terms of Agreement with Supplier, including but not limited to, arrangement of a meeting with the female Members of the Supplier, provision of additional information on the female Members, or any other personal requests of Members, may be processed by Supplier, but are not automatically granted.
- HeAndSheToday is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided "as is" and HeAndSheToday expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HeAndSheToday cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Female Members. HeAndSheToday functions to provide the opportunity to its male and female Members to effectively and comfortably search for their prospective soul mate.
HeAndSheToday does not influence the relationships between male and female Members of the Website.
Female Members may terminate their membership with the Website at any time. Deactivation of profiles of female Members of the Website is governed by the following:
- In the event a female Member is no longer interested in the Services, HeAndSheToday customer support administrators shall review the correspondence between such female Member and a male Member with whom the female Member has been corresponding (the “Correspondent”) and shall have the right to make a decision, in their sole discretion, with respect to the issuance of unused credits back to the male Member. Notwithstanding the above, HeAndSheToday customarily issues no more than 10 credits back to the Correspondent for such Correspondent’s last letter to the deactivated female Member.
- In the event, a female Member had found her match, and same is not the Correspondent, the Correspondent shall not be entitled to any unused credits with respect to this correspondence with such female Member.
- In the event, a female Member had been reported for inappropriate activities, HeAndSheToday may, at its sole and unfettered discretion, issue a partial refund in credits to the Correspondent, who had informed the Website of such female Member’s inappropriate activity by providing incontrovertible evidence of same.
- 5. In the event, a female Member had been found on an anti-scam site, such female Member's profile may be deleted from the Website provided that HeAndSheToday, in its sole and unfettered discretion considers the supplied information substantial and irrefutable and issue a partial refund in credits to the Correspondent who provided such information.
- Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will HeAndSheToday be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if HeAndSheToday knows or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, HeAndSheToday’s liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to HeAndSheToday for the Service during the term of membership.
- U.S. Export Controls. Software from the Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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 such list.
- Disputes. You acknowledge that that the transactions involving your use of the Website and your purchase of products or services took place in New York City, New York. Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by HeAndSheToday or through HeAndSheToday will be resolved by binding arbitration, rather than in court. The arbitration shall take place in the city of New York, state of New York. New York law will govern the rights and obligations of the parties hereto with respect to the matters in controversy. There is no judge or jury in arbitration, and court review of an arbitration award is limited. But an arbitrator can award you the same damages and relief, and must honor the same terms in this agreement, as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. The arbitrator will allocate all costs and fees attributable to the arbitration between the parties hereto equally.
- We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Indemnity. You agree to indemnify and hold HeAndSheToday, its subsidiaries, affiliates, officers, 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 Service in violation of this Agreement, and/or any allegations that any Content that You submit to HeAndSheToday or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this Agreement and/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and HeAndSheToday regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.