Terms and Conditions of Use
By accessing the Rendezvous application (the "App") you agree to be bound by these Terms and Conditions of Use (these "Terms"). These terms constitute a contract between you and the "Company" (as defined further below) describing all your rights before you use the App, or any other platforms or services the Company may offer ("Service"). Please read these Terms before using the Service, because once you access, view or use the Service, you will be legally bound by these Terms.
BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.
1. THE SERVICE RULES
Before using the Service, you will need to register for an account ("Account"). By creating an account your represent & warrant that you are;
at least 18 years old; and
are legally permitted to use the Service by the laws of your home country.
You can delete your Account at any time, 24/7, by contacting email@example.com. Your Account will be deleted within 7 days, however it may take a little while for Your Content (defined below) to be completely removed from the Service.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the Service or our systems. Certain portions of the Service may not be accessible if you have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the Service:
content that you upload and provide ("Your Content");
content that members provide ("Member Content"); and
content that the Company provides ("Our Content").
The following types of content are prohibited on the Service:
Any content that contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
Any content that is obscene, pornographic, violent or otherwise may offend human dignity;
Any content that is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
Any content that encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
Any content that is defamatory or libellous;
Any content that relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
Any content that involves the transmission of "junk" mail or "spam";
Any content that contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Bumble or otherwise;
Any content that itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
Any content that shows another person which was created or distributed without that person’s consent.
You are responsible and liable for everything you decide to post or display, any time. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether in the Service or via other means, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
The DateNight Group is a public community. That means that Your Content will be visible to other users of the Service all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the Service (e.g. individuals who receive a link to a user’s profile or shared content from other Service Users). By uploading Your Content on the Service, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other members of the Service will also share content via the Service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Service at the direction of the user providing the Member Content.
You do not have any rights in relation to other users' Member Content, and you may only use other users' personal information to the extent that your use of it matches the Services' purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
All the content developed by/for the Company belongs to the Company. That means that any other text, content, graphics, user interfaces, systems, processes, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Service are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:
you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Service;
you shall not use our name in metatags, keywords and/or hidden text;
you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
you shall use Our Content for lawful purposes only.
We reserve all other rights.
3. RESTRICTIONS ON THE SERVICE
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name on your profile;
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
create or operate a pyramid scheme, fraud or other similar practice.
Misbehaving users or users not respecting other users in the Service will be excluded from the platform. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint.
Also, it is prohibited to try to copy any section of the Service without the Company consent. Scraping or replicating any part of the Service without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces.
4. INTERACTIONS WITH OTHER USERS AND SAFETY
The App is a platform that helps people to gather and meet. The App is not in charge of providing features to ensure your personal safety during the date that you organize.
You assume all risks when using the Service, including but not limited to all risks associated with any online or offline interactions with others, including dating.
You should take all necessary actions to ensure your safety when interacting with others. Please proceed with caution when interacting with users on the Service. The Company does not verify any information about Users and you acknowledge that any and all interactions with users is at your own risk.
You acknowledge that the Company does not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users (except as provided above) or conduct criminal screenings of its Users.
You acknowledge that the Company does not screen, inspect or in any way verify the date venues presented in the Service. You should take all necessary steps to ensure the location is safe and appropriate to meet someone from the Service. You alone are responsible and take all risks in relation to meeting other users of the Service, including risks related to the location you are meeting at, or the travel to or from the location.
The Company does not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you.
You alone are responsible for your involvement with other Users. You agree that the Company will not be responsible for any losses or damages incurred as the result of any such interactions with other Users. The Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users. You agree to treat all other Users with dignity and respect and comply with these Terms.
5. COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION
You agree that you are personally responsible for your own safety and actions during any interactions with Users of the Service. Because the Service is designed to facilitate in person interactions with other users you recognize that you are at higher risk of contracting COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. You KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for any and all interactions with the Service or Users.
You willingly agree to comply with government guidelines and recommendations in regards to protection against infectious diseases. If you observe any unusual or significant hazard during any interactions arising from the Service you will remove yourself immediately and cease all interactions with Users that could be considered to pose a risk to the health and safety of others.
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Company, their officers, officials, agents, and/or employees, other Users, (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
6. THIRD PARTY DATE VENUES OR DATE LOCATIONS
The Service facilitates Users to meet in person at date venues or date locations (Third Party Venues or Venues) for a date. These Venues may be owned or operated by third parties to which the Company has no affiliation. These Third Party Venues may have terms, conditions or requirements for access, use or attendance at their Venue. By using the Service, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Venue.
You acknowledge that the Company does not screen, inspect or in any way verify the date venues presented in the Service. You should take all necessary steps to ensure the location is safe and appropriate to meet someone from the Service. You alone are responsible and take all risks in relation to meeting other users of the Service, including risks related to the location you are meeting at, or the travel to or from the location.
You acknowledge that you are responsible for your behaviour at any Third Party Venue. You are responsible for any fees, charges, or claims brought by any Third Party Venue brought as a result of your attendance at a Venue. The arrangement of a date at any Third Party Venue does not afford you with any credits, discounts, or any other reduction in fees of the Third Party for the use of their Venue.
The arrangement of a date at any Third Party Venue or Location does not guarantee a reservation, or in any way ensure you will be able to attend the Venue. You should make all necessary arrangements with the Third Party Venue in relation to your date.
8. THIRD PARTY STORES; PREMIUM SERVICES; IN-SERVICE PURCHASES
We may make certain products and/or services available to users of the Service in consideration of a fee, including the ability to purchase products, services and enhancements, such as Date Credits which provide the ability to schedule a date (“In-Service Products”). If you choose to purchase In-Service Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such In-Service Products, and such additional terms are incorporated herein by reference. You may purchase In-Service Products through the following payment methods: (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), of (b) any other such methods that may be offered from time to time. Once you have requested an In-Service Product, you authorise us to charge your chosen Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to purchase an In-Service Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Servicele, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the In-Service Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-Service purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.).
The purchase of Date Credits does not guarantee a date. The Company does not guarantee that you will be matched with other users who wish to go on a date with you. Moreover, should a match occur and a date be organized, The Company does not guarantee that your date will proceed as planned. The Company does not control the actions of its users and as such cannot guarantee dates or any other interactions occur as planned.
The Company does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the The Company and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the Service because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the Servicelicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-Service Products or Premium Service purchases.
9. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Service and/or the Company services, such as enhancements, offers, products, events, and other promotions. After downloading the Service, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Service, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
THE SERVICE, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICE OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE Service AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on the Service remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or wilful misconduct by you;
your access to and use of the Service;
the uploading or submission of Content to the Service by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
The Company has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to: email@example.com
13. THIRD PARTY APP STORE
The following additional terms and conditions Servicely to you if you download the Service from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will Servicely, but solely with respect to the Service and the Third Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and The Company and not with the providers of the Third Party Store, and the Company (and not the Third Party Store providers) is solely responsible for the Service and the content thereof. To the extent that these Terms provide for usage rules for the Service which are less restrictive or in conflict with the Servicelicable terms of service of the Third Party Store from which you obtain the Service, the more restrictive or conflicting term of the Third Party Store will take precedence and will Servicely.
The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the Service. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
The Company, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any Servicelicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the Service will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Company. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
The Company has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on the Service and provides that information on an "as is", "as available" basis. The Company does not give or make any warranty or representation of any kind about the information contained on the Service, whether express or implied. Use of the Service and the materials available on it is at your sole risk. The Company can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You (the users) are responsible for taking all necessary precautions to ensure that any material you may obtain from The Copany is free of viruses or other harmful components. You accept that The Company will not be provided uninterrupted or error free, that defects may not be corrected or that The Company, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The DateNight Group is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Data Usage Charges. The use of the Service on your mobile device may require use of your data service. Depending on the plan that you have with your cellular carrier, you could incur data charges. You should check with your cellular carrier and determine how you will be charged for data usage. The Company is not responsible for your data usage and will not be responsible for data charges that you may incur while using the Service. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the Service via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
Updates of our Terms
For legal purposes, the Company might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Service Service following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, stop using the Service and contact us at firstname.lastname@example.org.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Service, you agree and acknowledge that the Service is a global Service operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the Servicet, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The Service may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Service are expressly prohibited without first obtaining our prior written Serviceroval.
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
15. ABOUT US
Your access to the Service, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of Texas, United States, other than such laws, rules, regulations and case law that would result in the Servicelication of the laws of a jurisdiction other than Texas. By using the Service, you are consenting to the exclusive jurisdiction of the courts of Texas. You agree that such courts may have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
The Terms constitute a binding legal agreement between you as user (“you”) and the Company (“we” or “us”). The Company includes, but is not limited to, Date Night Dating, Inc. (a company incorporated in Delaware under company number 3719033).
The Terms were last updated on: May 15, 2021.
About this policy
This Policy explains how we collect, store, protect, and share your information, and with whom we share it. This Policy describes our privacy practices in plain language, keeping legal and technical jargon to a minimum. We suggest you read this in conjunction with our Terms and Conditions of Use.
Date Night Dating Inc. (“Date Night”) is committed to protecting your privacy and maintaining the integrity of any personal information that we collect about you while you access or use our services. This includes our website located at https://www.datenight.dating, the Date Night Dating app, or any other services offered by Date Night, collectively, our “Services”.
If you have any questions or comments about this Policy, please feel free to contact us at email@example.com
Collection of Information
To use our services we need to collect and share some information about you. This may be information you provide or information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below.
Information You Voluntarily Provide
You choose to give us certain information when using our services. Information you provide may be publicly visible to other users. We recommend and encourage you (and all our members) to think carefully about the information you disclose about yourself. We also do not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers' licence details and other sensitive information on your profile which is open to abuse and misuse.
The information you provide includes:
When you create an account, you provide us with at least your login credentials and access to certain information contained on your connected Facebook account this could include information such as your name, gender and friends list. You may also provide basic information such as your full name, address and e-mail address.
When you complete your profile, you can share with us additional information, such as details on your personality, lifestyle, interests and other details about you, as well as content such as photos and videos. To add certain content, like pictures or videos, you may allow us to access your camera or photo album. Some of the information you choose to provide us may be considered “special” or “sensitive” in certain jurisdictions, for example your racial or ethnic origins, sexual orientation and religious beliefs. By choosing to provide this information, you consent to our processing of that information and making this information public to other users.
When you choose to participate in our promotions, events or contests, we collect the information that you use to register or enter.
If you contact our customer care team, we collect the information you give us during the interaction. Sometimes, we monitor or record these interactions for training purposes and to ensure a high quality of service.
Of course, we also process any interactions you have with other users as well as the content you publish, as part of the operation of the Service.
You may access or modify the Registration Information you provided at any time or permanently delete your Account (although we really hope you don't!)
When your Account is deactivated, we take reasonable efforts to make sure it is no longer viewable on the App. For up to 30 days it is still possible to restore your Account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your Account from our systems. We are not responsible for any information, pictures, comments, or other content that is deleted from our systems resulting from the deactivation of your Account.
Warning: Even after you remove information from your profile or delete your Account, copies of that information may still be viewable and/or accessed to the extent such information has been previously shared with others, or copied or stored by other Users or to the extent such information has been shared with search engines. We cannot control this, nor do we accept any liability for this. If you have given third party applications or websites access to your personal information they may retain such information to the extent permitted under their terms of service or privacy policies.
We recommend and encourage you to think carefully about the personal information you disclose about yourself to other users.
While you may voluntarily provide us with sensitive information about yourself such as your ethnicity, personal interests, religion or other sensitive information there is no requirement to do so. Photos and videos that you post may also reveal more detailed information about yourself or your location. You should be cautious and review any photos or videos you choose to post. Where you choose to post sensitive personal information about yourself the information you share is at your own risk.
Information we receive from others
In addition to the information you provide us directly, we receive information about you from others, including:
Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.
Social Media You are required to use your social media login (Facebook Login) to create and log into your account. We may collect information about your Facebook account.
Other Partners We may receive info about you from our partners, for instance where ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success).
Date Venues. We may receive or collect information for date venues you attend
Information collected when you use our services
When you use our services, we collect information about which features you’ve used, how you’ve used them and the devices you use to access our services. See below for more details:
Usage Information We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address, advertising that you click on) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges.
Date Information We collect information about your dates, including date locations, times, users, dates you cancel, dates you do not attend dates and others users feedback on how the date went.
Device information We collect information from and about the device(s) you use to access our services, including:
hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address);
information on your wireless and mobile network connection, like your service provider and signal strength;
information on device sensors such as accelerometers, gyroscopes and compasses.
We may also include your GPS location (if you allowed location services), and/or location data derived from your IP address, such as postal code, city, state, and country. Your Facebook access token and/or Facebook user ID.
Other information with your consent If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services).
Additional Information Collected
We may keep track of how you interact with links available on the Service including third party services and clients by redirecting clicks or through other means. We may share aggregate click statistics such as how many times a particular link was clicked on.
If you made a purchase in the Service we record what product you purchased, the quantity purchased, the price of the product, the date and time the purchase was made, and the expiry time of the purchase (if applicable). Apple will provide us with a unique transaction ID, the subscription status, the payment status, and reason for subscription cancellation (if applicable). Google will provide us with a unique order ID, the subscription status, the payment status, and reason for subscription cancellation (if applicable). Neither Apple nor Google provide us with any personal information from your Apple iTunes or Google Play account.
Cookies & Other Analytics
If for any reason you decide that you do not want all of your Date Night activities to be stored you may set your browser and mobile settings to block cookies and local storage devices, but please remember that if you do so, you may not be able to access all of the features Date Night offers.
We may process & use some data to drive targeted advertising in our legitimate interest. You can request us to stop targeted advertising by contacting us at firstname.lastname@example.org. If you opt-out of targeted advertising you will still see adverts though they will be less relevant to you.
Account Verification & Moderation
For safety and security we may require users to verify their accounts and might ask for your phone number. We want to make sure to avoid fake accounts being created which can be used for malicious activities and cybercrime.
To prevent abuse of the app/site, Date Night uses automated decisions and moderators to block accounts as part of its moderation procedures. In order to do this, we check accounts and messages for content that indicates breaches of our Terms and Conditions of Use. This is done through a combination of automated systems and our team of moderators. If an account or message meets certain criteria that demonstrate that the Terms and Conditions of Use are likely to have been breached, the relevant account will automatically be blocked. All users of accounts that have been blocked will be notified that their account has been blocked and affected users can contact Date Night to contest the decision.
Finally, we want to keep in touch with you to make sure you know about the great promotions and offers we have available. If you’ve told us it’s OK, we will use your email address and phone number to send you information on these. You can withdraw this consent at any time via Settings in the App.
For users who are California residents, the data we may collect falls within the following categories of “personal information,” as defined by the California Consumer Privacy Act (CCPA):
Identifiers, such as name and location;
Personal information, as defined in the California customer records law, such as contact (including email and telephone number) and financial information;
Characteristics of protected classifications under California or federal law (if you choose to provide them), such as age, gender identity, marital status, sexual orientation, race, ancestry, national origin, religion, and medical conditions;
Commercial information, such as transaction information and purchase history;
Biometric information (not relevant here);
Internet or network activity information, such as browsing history and interactions with our websites and apps;
Geolocation data, such as mobile device location;
Audio, electronic, visual and similar information, such as photos and videos;
Professional or employment-related information, such as work history and prior employer;
Non-public education information; and
Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
By using the App, you acknowledge that Date Night is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence.
Log and Usage Data
We keep your personal information only as long as we need it for legitimate business purposes (as set out in Section 11 below) and as permitted by applicable law.
In practice, we delete or anonymise your information upon deletion of your account (following the safety retention window), unless:
we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behaviour or security incidents from opening a new account.
Use of Information
The main reason we use your information is to deliver and improve our services. Additionally, we use your info to help keep you safe and to provide you with advertising that may be of interest to you. Read on for a more detailed explanation of the various reasons we use your information.
We use your information to;
Provide our services to you. This includes creating & managing your account; providing you with customer support; and completing your purchases and provide billing information
Help you connect with other users. This includes
Analyze your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to others;
Show users’ profiles to one another
Assist in arranging dates between users
Communicate with you about our services, including notifications based on your account settings, service announcements and/or administrative messages;
To serve you relevant offers and ads, administer sweepstakes, contests, discounts or other offers. This includes developing, displaying and tracking content and advertising tailored to your interests on our services and other sites
Help us better understand how our services are being used by identifying patterns and trends in usage, so that we are able to better design our services, and improve your experience;
Identify and fix technical errors;
Maintain the safety, security, and integrity of our services, and prevent, detect, identify, investigate, or respond to, potential or actual, claims, liabilities, criminal activity, fraud or malicious activity;
For testing, research, analytics, and product development, including to develop and improve our services;
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Date Night Dating Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Date Night Dating Inc. about our users is among the assets transferred;
To achieve purposes for which we provide specific notice at the time of collection;
For any other purpose with your consent.
To process your information as described above, we rely on the following legal bases:
Provide our service to you: Most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you.
Legitimate interests: We may use your information where we have legitimate interests to do so. For instance, we analyze users’ behavior on our services to continuously improve our offerings, we suggest offers we think might interest you, and we process information for administrative, fraud detection and other legal purposes.
Consent: From time to time, we may ask for your consent to use your information for certain specific reasons. You may withdraw your consent at any time by contacting us.
Disclosure Of Information
Since our goal is to help you make meaningful connections, the main sharing of users’ information is, of course, with other users. We also share some users’ information with service providers and partners and, in some cases, legal authorities. Read on for more details about how your information is shared with others.
With other users
You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publically viewable since neither you nor we can control what others do with your information once you share it.
With our service providers and partners
We use third parties to help us operate and improve our services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.
We may also share information with partners who distribute and assist us in advertising our services.
For corporate transactions
We may transfer your information if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.
When required by law
We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
To enforce legal rights
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
With your consent or at your request
We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information.
We may use and share non-personal information (meaning information that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances.
Aggregated Information – We may share aggregated information with third parties that includes your personal data (but which doesn’t identify you directly) together with other information including log data for industry analysis and demographic profiling. You may opt-out of receiving marketing messages by using the opt-out mechanisms and links provided in each email.
We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy. Measures are taken to ensure that the data shared is non-attributable to the greatest extent possible.
Our services are not intended for anyone under the age of 18. No one under the age of 18 may provide any personal information to us through our services or use our Service. We do not knowingly collect personal information from anyone under the age of 18. If you are under 18, do not use or provide any personal information through our services. If we learn that we have collected personal information from someone under the age of 18, we will delete it. If you believe we might have any personal information from or about someone under the age of 18, please contact us at email@example.com.
SECURITY & DATA RETENTION
We take commercially reasonable security measures to help protect your information against loss, misuse and unauthorised access, or disclosure. We use reasonable security measures to safeguard the confidentiality of your personal information such as secured servers using firewalls.
Unfortunately no website or Internet transmission is ever completely 100% secure and even we cannot guarantee that unauthorised access, hacking, data loss or other breaches will never occur.
You should use caution whenever submitting personal information through our services and take special care in deciding which personal information you provide us with.
We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.
WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY BREACHES OF SECURITY, DAMAGE TO YOUR DEVICE, OR ANY LOSS OR UNAUTHORISED USE OF YOUR REGISTRATION INFORMATION OR OTHER DATA.
We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately at firstname.lastname@example.org
We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. Anonymized and aggregated information is retained for statistical and product research purposes but this information is not attributable back to an individual. Please be aware that we may also be required to retain information for legal and accounting purposes.
In practice, we delete or anonymize your information upon deletion of your account (within one month), unless:
we must keep it to comply with applicable law;
we must keep it to evidence our compliance with applicable law;
there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
THIRD PARTY ACCOUNTS
To access our Services you are required to register using a third party social media platform, Facebook. Remember that when you register with a third party, you may also be giving them personal information, so we recommend that you read their privacy policies as Facebook does not control how they use their information.
We want you to be in control of your information, so we have provided you with the following tools:
Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service.
Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
Deletion. You can delete your account by contacting us at email@example.com
Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by emailing us at firstname.lastname@example.org
Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us at email@example.com
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.
Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request to firstname.lastname@example.org. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
You also have the right to request that we delete your personal information that we collected from you, subject to certain exceptions. Please contact us at email@example.com to exercise this right.
YOUR UK AND EU RIGHTS
Under UK and EU law, you have the right to lodge a complaint with data protection regulators, and the Information Commissioners’ Office (ICO) is the UK’s lead regulator. You can find out how to raise a concern with the ICO by visiting their website at www.ico.org.uk. If you’re within the EU, you may also get in touch with your local Data Protection Regulator who may liaise with the ICO on your behalf.
You have a number of rights under European Data Protection law as detailed below. These rights apply to all of our users:
Right of access: you can request a copy of your data.
Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
Right to erasure: you have the right to have your data deleted in certain circumstances.
Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
Right to data portability: you can request a copy of your data in a machine-readable form that can be transferred to another provider.
Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
Rights related to automated decision making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.
If you want to exercise any of your rights listed above please email us at firstname.lastname@example.org
JURISDICTION & HOW TO REACH US
Effective Date & Policy Updates