Novel Date Terms of Service

Last Updated: June 24, 2020

1. Acceptance of These Terms of Service

Welcome! This is a legal agreement (“Agreement” or “Terms of Service”) between you and noveldate.com (“we,” “us,” and “our“). By accessing our website, currently located at www.noveldate.com (the “Site,” including all sub-domains), whether through a mobile device, mobile application or computer, and using any of our Services (as defined below) accessible through the Site, mobile devices and mobile applications, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site, the App (as defined below) or the Services including all exclusions and limitations of liability herein, and warrant that you have full authority and capacity, legal and otherwise, to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT

USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

The main services provided through the Site consist of the following, without limitation: a matching service for single individuals (“Matching Service”), interactive content and community services such as noveldate.com advice (“Content Services”), and any premium services offered by or on behalf of noveldate.com (“Premium Services”) (collectively, the “Services”). NovelDate.com may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services.

NovelDate.com also reserves the right to cease offering any of the Services. At the present time, access to the Site and to the Services is provided solely through one or more noveldate.com mobile apps (collectively, the “App”), which you can download from a third party app store and use pursuant to the noveldate.com’s End User License Agreement (“EULA”).

The Site and the Services are owned and operated by noveldate.com. These Terms of Service govern your access to and use of the Services available on this Site and, together with EULA, through the App. Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (“you” and “your,” including any entity you represent) and are incorporated herein by reference.

THESE TERMS OF SERVICE LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.

You must be at least 18 (eighteen) years of age to use this Site. By using this Site you represent that you are at least 18 (eighteen) years of age.

2. License to Use Services; Eligibility

This Site primarily operates as a(n) online dating platform for the purpose of providing Services. Subject to these Terms of Service of Service, including, without limitation, the eligibility requirements listed below and payment of applicable subscription fees for the Services you select to receive, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site, directly or through the App, to obtain the Services.

You must use this license only in the manner permitted by these Terms of Service for the sole purpose of using and enjoying the benefit of the Services provided by the Site. Your use of the App is governed by the EULA.

  1. Minimum Age. You must be at least 18 years old to use the Site, open an account or to register for the Services. By using the Matching Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
  2. Marital Status. By requesting to use, registering to use, or using the Matching Service, you represent and warrant that you are not If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Matching Service.
  3. Criminal History. By requesting to use, registering to use, and/or using the Matching Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. NOVELDATE.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, com reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
  4. Meeting Matching System Criteria. The Matching Service requires your completion of the com personal questionnaire, along with our ability to find good matches for you. Occasionally, the noveldate.com matching system cannot identify high quality compatible matches for a given individual, in which case the Matching Service cannot be provided.

3. Advertisements

The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.

4. Cookies

The Site uses cookies. Cookies store information related to visitors’ preferences, browser type, and other information in order to optimize their experiences. By using this Site you

acknowledge your understanding of and consent to our use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Site.

You also acknowledge that websites such as Google and other third-party vendors to our Site may use DART cookies to provide add-ons to our Site based upon visitors visiting our Site and other websites. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.

5. Acceptable Use Policy

By using this Site you agree to use the Services in compliance with these Terms of Service and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Nevada, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms of Service, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.

The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:

  1. Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors’ abilities to access or use the Site and Services, including using the Site in a manner or for a purpose that is unlawful or fraudulent;
  2. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
  3. Conducting any systematic or automated data collection on or related to the Site or its Members without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, “framing,” or article “spinning”;
  4. Using the Site to collect, harvest, or compile information or data regarding other Members without their consent;
  5. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
  6. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
  7. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;
  8. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
  9. Accessing the Site in order to create a similar or competitive business, product, service, or website;
  10. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
  11. Interfering with, disrupting, or overburdening servers or networks connected to the Site;
  12. Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and
  13. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another Member’s normal use and enjoyment of the

6. Safety; Your Interactions with Other Members.

Though NovelDate.com strives to encourage a respectful user experience through features like the double opt-in that only allows Members to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user or Member on or off of the Site, the App or with respect to any Service. You agree to use caution in all interactions with other Members, particularly if you decide to communicate off the Site or meet in person. In addition, you agree to review and follow NovelDate.com’s Safety Tips and Events Rules located at https://noveldate.com/safety-tips and https://noveldate.com/event-rules to using any Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT NOVELDATE.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. NOVELDATE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. NOVELDATE.COM RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT NOVELDATE.COM MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

7. Member Accounts

Subscribers have access to all features of the app, including match viewing, connecting with matches, contacting matches, attending Speed Dating events (1 per week), access to the Novel Date Learning Library and Webinars, plus any other features that become live in the future. There are no features that are exclusive to paid membership at this time.

You may create user accounts or profiles as permitted by the Site or the App. Upon registering for our Services through the App, you are considered a registered user or “Member” of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account. Members are responsible for keeping their passwords and account access information confidential. Therefore, you should take measures to restrict access to your account and to any devices from which you access your account. As a Member, you are responsible for all activities that occur under your account, and you acknowledge that noveldate.com is not responsible for unauthorized access to your account that results from theft or misappropriation of your account or password. Members are prohibited from assigning or otherwise transferring their accounts and passwords to others. You must notify us immediately if you know of or suspect that an unauthorized use or other breach of security of your account or the Site has occurred. We may not be held liable for any loss or damage that may arise from your failure to maintain the security of your account. You may delete your account at any time and for any reason by following the instructions on the Site and/or the App. We retain the right to suspend or terminate your account at any time and for any reason, as further detailed below.

8. Purchases

Generally. From time to time, Novel Date may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Novel Date direct billing or other payment platforms authorized by Novel Date. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Novel Date or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

Auto-Renewal; Automatic Card Payment

Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to Customer support if you were billed directly by Novel Date or the relevant third-party account such as iTunes. You are also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Novel Date or the relevant third-party account, but be advised that you are still obligated to pay any outstanding amounts.

If you want to change or terminate your subscription, you will need to log in to your third-party account (or Settings on Novel Date) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Novel Date application from your device. Deleting your account on Novel Date or deleting the Novel Date application from your device does not terminate or cancel your subscription; Novel Date will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Novel Date or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay Novel Date directly with your Payment Method. If you pay Novel Date directly, Novel Date may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Novel Date may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting Novel Date and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items”, which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Novel Date ceases providing the Service or your account is otherwise closed or terminated. Novel Date, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Novel Date may manage, regulate, control, modify or eliminate Virtual Items at any time. Novel Date shall have no liability to you or any third party in the event that Novel Date exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT NOVEL DATE IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in the EU or European Economic Area – in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.

Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not Novel Date. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you made a purchase using your Google Play Store account or through Novel Date directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Novel Date (you can find this on your confirmation email) at Customerservice@noveldate.com

If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

Pricing. Novel Date operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.

9. Use of Services by Members

As a Member, you agree to the following:

  1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that noveldate.com is not responsible for third party access to your account that results from theft or misappropriation of your user names and
  2. Geographic Limitations. The Site and Services are intended for use in the United States only. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction
  3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s).
  4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Matching In addition, you agree to review and follow the recommendations set forth in noveldate.com’s Safety Tips and Events Rules, which will be provided to you prior to enrolling in the Matching Service.
  5. No Guarantees. noveldate.com may not be able to provide matches for everyone seeking to use its services. Further, noveldate.com makes no guarantees as to the number or frequency of matches through the Matching Service, or to such matches’ ability, desire or criteria to communicate with any Member. You understand that noveldate.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Matching Service or as to the conduct of such individuals.
  6. Reporting of Violations. You will promptly report to com any violation of the Agreement by others, including but not limited to, Members.
  7. Content Removal. noveldate.com reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. com will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. noveldate.com further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
  8. Posting and Communication Restrictions. You will not post on the Services, transmit to other Members, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the App or the Services, that:
    1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. is intended to or tends to harass, annoy, threaten or intimidate any other Members, users or visitors of the Site or Services;
    3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
    4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, ) without obtaining permission first;
    5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
    6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
    7. intended to defraud, swindle or deceive other Members or visitors or users of the Site;
    8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
    10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
    11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
    12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    13. solicits gambling or engages in any gambling or similar activity;
    14. uses scripts, bots or other automated technology to access the Site or Services;
    15. uses the Site or Services for chain letter, junk mail or spam e-mails;
    16. collects or solicits personal information about anyone under 18; or
    17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
  9. No False Information. You will not provide inaccurate, misleading or false information to com or to any other Member or user. If information provided to noveldate.com or another Member or user subsequently becomes inaccurate, misleading or false, you will promptly notify noveldate.com of such change.
  10. No Advertising or Commercial Solicitation. You will not advertise or solicit any Member or user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other Members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member or user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay noveldate.com $100 for each such unsolicited communication you send through the Services.
  11. Unique and Bona Fide Profile. As a Member of the Matching Service, you will create only one unique profile. In addition, your use of the Matching Service must be for bona fide relationship- seeking purposes in order to maintain the integrity of the Matching Service (for example, you may not become a Member solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Member are available for matching. From time to time, noveldate.com may create test profiles in order to monitor the operation of the Services.
  12. Selection of Profiles. From time to time, your profile may be selected to introduce you to specific compatible matches, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to meet such specific You will be under no obligation to accept such complimentary subscription or to meet with or communicate with the match(es) we may introduce to you.
  13. Speed Dating. Users can attend one speed dating event per 7 days. Users who RSVP to a Speed Dating event must attend. Users who cannot attend must cancel no later than 48 hours prior to the event (i.e. If the event is on May 4th at 7pm, users must cancel no later than May 2nd at 7pm). Cancellation can be done via the cancel link in the RSVP email confirmation, or by swiping left on the event in the Events tab of the app, and choosing Cancel RSVP. Failure to attend or cancel in the required amount of time will result in suspension of Speed Dating access for 7 days. Emergency cancellations must be made via email sent to connect@noveldate.com with the subject “Emergency Cancel”. Cancellation email must be sent from the email address used to signed up, or include the email address of the account in the body of the email.
  14. Event Conduct. Novel Date event attendees are expected to conduct themselves in a manner that is respectful, courteous, and kind. Unwanted advances, lewd behavior, disrespectful or derogatory comments are sure-fire ways for users to get kicked off the app (with no refund!). Users must be on their best behavior to attend any Novel Date event or risk account termination.
  15. Attendee Feedback. Providing feedback is mandatory after each session with an individual Speed Dater, and after every webinar or learning video. The short surveys help give other users an insight into what they’re doing right and what can be improved upon (Speed Dating), plus help with connecting you with matches that answer the same way (Webinars/Learning).
  16. No Harassment of noveldate.com Employees or Agents. You will not harass, annoy, intimidate or threaten any com employees or agents engaged in providing any portion of the Services to you.
  17. Social Media. We may provide you the option to connect your noveldate.com account to your account on some social networking sites for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, some of your matches may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your noveldate.com account to your account on any social networking site, you hereby consent to the continuous release of information about you to noveldate.com. We will not send any of your com account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your App’s Settings page.

Each social network may further allow you to set privacy controls around your information on their system, and noveldate.com’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

10. Member Content

“Member Content” means any material that you or other visitors submit or transmit in any manner to the Site for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Site, the App and the Services provided may include multiple ways of submitting Member Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular Member Content you submit will be kept confidential, your Member Content may be made available for other visitors to view on the Site or through third-party services. You hereby represent and warrant that the Member Content you submit does not violate our Acceptable Use Policy stated herein.

You are prohibited from submitting any Member Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit Member Content that has ever been the subject of any actual or threatened legal proceedings or any Member Content that may give rise to a legal action under any applicable law, whether against you, us, or a third party.

You agree that you are solely responsible for any consequences that may result from submitting Member Content, including use of the Member Content by other visitors of the Site and by our third party partners. Unless we indicate that particular Member Content you submit will be kept confidential, your Member Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit Member Content without the authority to do so.

We do not monitor the submission or publication of Member Content on the Site and are not responsible for the Member Content. We do not endorse or support any Member Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any Member Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the Member Content you submit. Your use or reliance on any Member Content is at your own risk. You assume all risks associated with the Member Content you submit, including any reliance on the Member Content and the risk of disclosure of the Member Content that may identify you personally to a third party. You understand and accept that by using the Services or Site you may be exposed to Member Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate.

Member Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit Member Content conforming to such rules and limitations.

We may remove, edit, or delete any Member Content submitted, hosted, or stored on the Site or our servers without providing you with prior notice. We are not obligated to store or back up any Member Content. Therefore, you are responsible for creating backup copies of any Member Content you wish to keep.

Under no circumstances may noveldate.com be held liable in any way for any Member Content, including, but not limited to, for any errors or omissions in the Member Content or for any loss or damage of any kind that may occur as a result of any Member Content submitted, published, or otherwise made available on the Site, Services, or elsewhere.

11. Member Content License

By submitting Member Content you grant noveldate.com an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and otherwise use and exploit your Member Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the Member Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such Member Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your Member Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to Member Content as stated in these Terms of Service.

This means that you will always maintain ownership of the Member Content you submit. However, we have the right to display the Member Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.

If you participate in any webinars or other interactive sessions organized by noveldate.com, you irrevocably agree and consent that noveldate.com and its agents may record the video and audio content of your appearances at any such webinars, workshops, training sessions, exercises, interviews and other events you attend online or in person and use such recordings of you and any derivative works based on or related to them for any purpose, including without limitation, for training, educational, advertising, promotional and marketing purposes.

You grant noveldate.com for valuable consideration, the receipt and sufficiency of which you acknowledge, the right, throughout the world and in perpetuity, to use your appearance, picture, silhouette and other reproductions of your name, image, likeness and voice, including my personal identification, biographical information, personal experiences, life story, ideas, suggestions, techniques, methods and responses to the interviewer’s questions, your performance and/or any other works authored by you or produced with your participation as may be recorded in connection with any video, motion picture, television, computer-based, multimedia, software, SaaS and/or any other audio-visual, audio and/or visual work, program or content in which my appearance, interview and/or performance may be incorporated, and in any advertising promoting it. You agree to execute all documents, agreement, certificates and instruments to effectuate this grant of copyright and other rights to noveldate.com.

NovelDate.com and/or its agents may edit my appearance, interview and performance they you see fit. NovelDate.com shall have all right, title and interest in any and all works utilizing such appearance, interview and performance and all results and proceeds from said use. NovelDate.com may authorize or license others to perform, reproduce, broadcast, distribute and otherwise display any and all such works.

The rights irrevocably granted to noveldate.com here are perpetual, worldwide, exclusive, royalty-free and fee-free and include the use of recordings in any medium, including broadcast and cable television, motion pictures, internet, software, websites, SaaS platforms, mobile apps, and in any and all media which currently exist or may exist in the future in all countries of the world and in perpetuity. You will have copyright in all such recordings and works, and I will not have any ownership or interest in such recordings and works or any copyrights thereto.

12. Enforcement of Acceptable Use Policy

We reserve the right to review and investigate your use of the Site and the App and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms of Service, other rules and policies posted on the Site or the App or otherwise create liability, loss, or damage for us, our Site users and visitors, other Members or a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities.

13. Third-Party Resources

The Site may contain links and advertisements to third-party websites and services (collectively, “Third-Party Resources“). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.

14. Modification of Site or Services

We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our Members’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site and Services are subject to these Terms of Service.

15. Support or Maintenance

Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.

16. Restricted Access

Some parts of the Site may be restricted to certain visitors or Members. If you have permission to access restricted parts of the Site, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site from time to time. If you do not have access to restricted parts of the Site, you agree not to use another user’s account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site.

17. Privacy

We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site and our Services you consent to our collection and use of your personal information as set forth in the Privacy Policy.

At times we may need to send you communications related to the Site or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.

We reserve the right to access and disclose the information and Member Content you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of noveldate.com, its Members, users and visitors, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms of Service, including investigating potential violations.

18. Proprietary Rights and Licenses

  1. Ownership of Proprietary Information. You hereby acknowledge and agree that com is the owner of highly valuable proprietary information, including without limitation, the Matching Service, the Content Service and the Premium Service and all of their components and elements, such the patented compatibility matching system, compatibility profiles, and personal questionnaires (collectively, “Confidential Information”). noveldate.com owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
  2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
  3. Other Members’ Information. Other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any com or third party proprietary information available via the Services, the App or the Site.
  4. License to Posted or Accessed Member Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your com account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to noveldate.com and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, 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. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
  5. Unless otherwise stated, noveldate.com and its permitted licensors own all intellectual property rights in the Site and the Services and their respective contents, excluding Member These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms of Service, neither these Terms of Service nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms of Service, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services other than your own Member Content without our express prior written consent or the consent of any third-party owners of the content. Site and Services content is not for resale under any circumstances.
  6. The visual interfaces, information, graphics, design, compilation, computer code, products, software, services, tools, processes and know-how, including the mobile device applications, and all other elements of the Site, the App and the Services (collectively, the “Technology”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Technology contained in the Services are the exclusive property of com or its subsidiaries or affiliates and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Site, the App and the Services are proprietary to noveldate.com or its affiliates and/or third-party licensors. Except as expressly authorized by noveldate.com under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise use the Technology.

19. Copyright Policy

We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work or works claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and an email address, if available;
  5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user’s account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:

noveldate.com Attn: Copyright Agent
3495 Lakeside Drive #1080
Reno, Nevada 89509
Email: Customerservice@noveldate.com

Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by us, if injured by such misrepresentation.

20. Disclaimers

THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THE SITE, THE APP AND ALL SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE, THE APP OR IN ANY SERVICES. WE, OUR SUBSIDIARIES, MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, THE APP, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.

THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR THE APP ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

Opinions, advice, statements, offers, or other information or content made available through the Site and the Services, but not directly by noveldate.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

NOVELDATE.COM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN NOVELDATE.COM. UNDER NO CIRCUMSTANCES WILL NOVELDATE.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

From time to time, noveldate.com may offer new “beta” features or tools with which its Members may experiment on the Site, the App and/or the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at noveldate.com’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such “beta” features or tools.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVELDATE.COM, INCLUDING ITS SUBSIDIARIES, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, THE APP OR THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE, THE APP OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.

FOR THE AVOIDANCE OF DOUBT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOVELDATE.COM 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 SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBER OR USERS OF THE SITE, THE APP OR THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN

THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE, THE APP OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.

NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Information Verification. NovelDate.com and its service providers may use various ways of verifying information that users and Members have provided. However, you agree that noveldate.com and its service providers will have no liability to you arising from any incorrectly verified information.

22. Indemnity

You agree to indemnify, defend, and hold harmless noveldate.com and its subsidiaries, members, officers, managers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of or relating to any third party claim with respect to: (a) your use of or inability to use the Site, the App or the Services, (b) any Member postings made by you, including without limitation your posting, modifying or otherwise transmitting Member Content through the Site or Services, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations.

We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.

23. Release

To the fullest extent permitted by applicable law, you hereby release and forever discharge noveldate.com (and Our members, officers, managers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or Member Content provided by, other Members or (2) any third-party site, products, services, and links included on or accessed through the Services.

24. Term and Termination

We may suspend or terminate your access to the Site, the App and any Service at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Your Member Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms of Service will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site, the App or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or noveldate.com may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. noveldate.com reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information and/or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to noveldate.com by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: subscriptions@noveldate.com. Following any termination of any Member’s use of the Matching Service, noveldate.com reserves the right to send a notice thereof to other Members which whom you have corresponded.

25. Cancellations

  1. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Service at any time during the term of such registration or subscription or any renewal period by accessing the “Settings” page option on your membership home page or the App, clicking on “Cancel My Subscription.” or “Delete Account” link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription If you purchase a subscription on an installation payment basis, your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.If you purchased the subscription to a Service through the App from a Third Party Store, you will continue to have access to the Service through the App for the remainder of your paid subscription, however, if you delete your account under the Settings page, your profile will be deleted and you will no longer have access to the Service.
  2. 3-Day Cancellation. Regarding the Matching Service, you, the subscriber, may have the right under applicable state law to cancel the subscription, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and holidays. If this applies to you and you did not subscribe to the Matching Service through a Third Party Store, to cancel the Matching Service, click the Delete Account link on the Settings section of the App. Any refunds under this 3-day cancellation policy will be made within 10 days after noveldate.com’s receipt of your cancellation notice.
  3. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the Matching Service to which you subscribed, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
    1. If you have prepaid any amount for the Matching Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your legal
    2. “Disability” means a condition which precludes you from physically using the Matching Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by Written verification from the physician must be presented to noveldate.com.
    3. If the physician determines that the duration of the disability will be less than six (6) months, com may extend the term of the Matching Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.

26. Renewals

In order to provide continuous service, noveldate.com automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page or on the App, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our Members. By subscribing to a Service, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.

27. Modification of These Terms of Service

We may modify or update these Terms of Service from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms of Service, including, but not limited to, by email, posting on the Site, or other reasonable means.

28. Violations of These Terms of Service

Should you breach these Terms of Service, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your Member account. We may also choose to remove your Member Content.

29. Dispute Resolution

Unless both parties agree otherwise, you and noveldate.com agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, the App, the Services, or these Terms of Service will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this Agreement and the termination of your account.

You and noveldate.com agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.

30. Third Party App Store

The following additional terms and conditions apply to you if you download the App from a third party app store (“Third Party Store”). To the extent that the other terms and conditions of these Terms of Service 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 apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

  1. These Terms of Service are concluded solely between you and com and not with the providers of the Third Party Store, and noveldate.com (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms of Service provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
  2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the NovelDate.com 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 App, 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 noveldate.com.
  3. NovelDate.com, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable 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 of Service, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

31. Miscellaneous

  1. Entire These Terms of Service, EULA and our Privacy Policy represent the entire and exclusive agreement between you and noveldate.com regarding your use of the Site, the App and the Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site or the App. In the event that these Terms of Service are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
  2. Waiver and Severability. Our failure to enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. If any provision of these Terms of Service or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms of Service; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  3. Your rights and obligations under these Terms of Service, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms of Service and our rights and obligations hereunder without notice to you, and these Terms of Service will continue to be binding on assignees.
  4. Cumulative The rights of all parties under these Terms of Service are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
  5. Law and These terms shall be governed by, and will be construed under, the laws of Nevada, United States, without regard to or application of its conflict of law principles or your state or country of residence. Other than as provided in Section 28 with respect to mandatory arbitration, all claims, disputes, and legal proceedings related to or arising out of these Terms of Service or your use of the Site or Services will be brought exclusively in the federal or state courts located in Nevada, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.

32. Electronic Communications and Privacy

Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.

We may use your email address to send you messages notifying you of important changes to the Site ot any Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

33. Feedback and Complaints

You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952- 5210.

34. Contact Information

Please report any violations of these Terms of Service to us. If you require any more information or have any questions about these Terms of Service, you may contact us as follows:

noveldate.com
3495 Lakeside Drive #1080
Reno, Nevada 89509
Email: Customerservice@noveldate.com