This Agreement constitutes Your agreement with RivalHound with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
You agree to use the Service in accordance with the following Code of Conduct:
We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, see www.aboutads.info/choicesWe reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visitwww.networkadvertising.org.For third party advertising cookie opt out please visitwww.networkadvertising.org/managing/opt_out.asp.
We do not and cannot review all profiles, public postings, messages or other materials posted. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. You are responsible for all usage or activity on the Service by users using Your password, including but not limited to use of Your password by any third party. You agree to immediately notify RivalHound of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
In addition to the free services provided on the Website, Paid Memberships and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
RivalHound will use the credit card information You provide to bill You for goods and services. By registering for the Paid Memberships or Paid Features and providing Your credit card details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.
Paid Memberships are subscriptions. 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. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Account page and opt out of automatic renewal of Your purchase. If You opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, You authorize RivalHound to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize RivalHound to charge You for any sales or similar taxes that may be imposed on Your subscription payments.
Your non-termination or continued use of the Paid Memberships reaffirms that RivalHound is authorized to charge the credit card information provided. RivalHound may submit those charges for payment and You will be responsible for such charges. This does not waive RivalHound’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the Paid Memberships.
Where payment is required for a Paid Membership or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.
If You cancel Your account, Your Paid Membership and/or Paid Features will be cancelled. All payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.
If You believe that any material or content distributed by RivalHound constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website; Your address, telephone number and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. RivalHound PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. RivalHound DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY RivalHound IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY RivalHound, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL RivalHound, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY RivalHound AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER RivalHound HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00). EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
You hereby agree to indemnify, defend and hold harmless RivalHound and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. RivalHound reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
This Agreement represents the entire agreement between You and RivalHound regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, Your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, Canada. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with RivalHound, shall be resolved through arbitration, with such arbitration to be held in Vancouver, British Columbia, Canada. Additionally, except where prohibited by law, as a condition of using the Services, You agree that any and all disputes and causes of action arising out of or connected to our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of RivalHound. RivalHound may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.