By registering, using or subscribing to the Services, you confirm that you have read and consent to:
- the collection of your personal information as described in this Policy, particularly as noted in Section 1 of this Policy (including, for example, your contact information, demographic information, age, gender and dating gender preference), including information from social networking sites;
- the processing of your personal information, including your sensitive information (including, for example your dating gender preference, dating relationship experiences, ethnicity, religion and political views), as described in this Policy, particularly including those uses described in Section 2 of this Policy;
- the sharing of personal information with third parties as described in Section 3 and 9 of this Policy;
- the storage and processing of your personal information in the United States of America (and other countries) as described in Section 6 of this Policy;
- the use of your personal information to send you notifications, promotions and advertising by email, SMS or MMS text message or in accordance with Section 2, 3 and 4 of this Policy; and
- the collection and use of location information
- the sharing of personal information with third parties for fraud detection and prevention services
- If you have any questions relating to the content of this Policy please contact us using the contact information set out below.
- INFORMATION WE COLLECT
The categories of information we collect can include:
- Information You Provide.When you register, use or subscribe to any of our Services or take part in any interactive features of the Services (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we may collect a variety of information, including:
- Contact Information such as your name, email address, phone number, including mobile phone number, and correspondence address (“Contact Information”); and
- Other Informationsuch as birth date, photographs, videos, password, billing information, credit card information, demographic information, place of work, your personal interests and background, gender, age, dating gender preference, dating age range preference, physical characteristics, personal description, sexual life experiences, ethnicity, religion, political views, geographical location (including GPS), and any other information you share with the Services. We may also receive information about you from other users. For example, we will collect your email address if another user tries to refer Randomsinc to you. We may collect billing or payments information if you engage with a paid Service.
- Information About How You Use the Services. We may collect information about your participation and actions on the Services. This may include information such as the pages and profiles you view, how you browse the Services, your Randomsinc coin balance and purchases you make through the Services such as boosts and gifts. It can also include the various functions and features that you use, such as Randomsinc Messenger, the connections you make, other friends or contacts you invite to the Services and profile searches you perform, or your use of our applications.
- Information from Content You Upload. When you upload photos, videos or other content to the Services, we may collect information about the content, such as the time, date and place the photo or content was taken or uploaded (also known as metadata), and how you use them, who views them or with whom you share.
- Information Automatically Collected.When you access our Services, we and our third party partners automatically record information from your device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave our website, date and time stamp and one or more cookies that may uniquely identify your browser or your account. When you access our Services using a mobile device, we may also receive or collect identification numbers associated with your device (such as a unique device ID, IDFA, Google AdID and Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, email address, other apps that you have downloaded, and, if you have enabled features and functions of the Services that use your device’s location, your geographical location data (including GPS). We also collect information about your usage of, and activity on, our Services. Also, some of the information we collect, for example an IP address, can sometimes be used to approximate a device’s location. We may work with third parties to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices so that we understand how you use our Service across various devices.
- Your Communications with Us and Other Users. We collect communications you send to us (such as emails), comments that you post on the pages we have on a third-party service, such as our YouTube, Twitter and Facebook pages and messages that you send us directly through those services. We may also collect any comments, photos, messages or other content or communications you and other users share on the Services.
- Third-Party Social Networking Sites.When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”) or connect or link our Services to a Social Networking Site, such as Facebook, Google+ or Twitter, you permit Randomsinc to access and use certain information about you that is made available to Randomsinc through or from that Social Networking Site. The information obtained by Randomsinc varies by Social Networking Site and may be affected by the permission and privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, public Facebook profile, network, gender, username, user ID, age range or birthday, place of work, relationship interests, language, location, country, interests, photos, photos you are tagged in, videos, contacts list, friends lists or followers and other information such as information about Facebook friends you might share in common with other members of the Services. By using or linking our Services through or with a Social Networking Site, you are authorizing Randomsinc to collect, store, retain and use, in accordance with this Policy, any and all of your information that Randomsinc has obtained from the Social Networking Site, including to create a Randomsinc profile page and account for you. Depending on the Social Networking Site and your privacy settings, Randomsinc may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms, such as tapping “Okay”) our application from a Social Networking Site, go to a Social Networking Site from the Services, when you sign up or login to the Services through a Social Networking Site (such as by tapping “Sign up with Facebook” or “Log in with Facebook” on the Services), when you otherwise connect or link your Social Networking Site to our Services, or the transfer of information to Randomsinc from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that Randomsinc is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Randomsinc that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services.
- Location Data. When you have enabled geographical location-based or GPS services on your device in relation to a Randomsinc mobile app or any Randomsinc features or services that use geographical location-based or GPS information, we will collect information about your geographical location or GPS position based on the location of the device you are using to access our Services.
- Information Provided by Others.We may be provided with information relating to you or your conduct on the Services by other users of the Services. We also collect information that third-party organizations may provide to us, such as contact details, demographic information, Internet navigation details, credit reference or fraud prevention information. Financial institutions or payment processors may also provide us updated payment information or payment methods related to your paid account or paid subscription and services.
- Address Book.We may also offer you the ability to import your address book contacts or manually enter email addresses so that you can (i) locate your contacts on the Services or other products or services offered by Randomsinc; or (ii) invite your contacts to join you on the Services or other products or services offered by Randomsinc. When we invite your friends to join the Services, we may include your name, photo or other information to let them know that you are the person extending the invitation. After sending these invitations, we may also send reminder emails to your invitees on your behalf. We will store those contacts for purposes of alerting you when your contacts join the Services or other products or services offered by Randomsinc at a later time, so that you may connect with them on Randomsinc, and to suggest friends and connections to other members of the Services or other products or services offered by Randomsinc.
- USE OF INFORMATION WE COLLECT
We use your personal information for purposes described in this Policy or disclosed to you on or in connection with our Services (e.g., through disclosures or consent mechanisms that may appear when you access certain services, features or applications). The ways in which we may use this information include to:
- Provide the requested Services:to administer and maintain your Randomsinc account and generally provide the functions and features that are part of the Services (including providing communications as described below). We will use all categories of information described in Section 1 to do this. This includes using your information as described in this Policy and providing the functions and features of the Services to you;
- Analyze and develop our products and services:to develop, deliver, measure, monitor, analyze and improve our Services or other products or services offered by Randomsinc and develop new products and services. We will use all categories of information described in Section 1;
- Communicate with you:to respond to your comments and questions and provide customer service, to provide any messaging or communications associated with the functions and features of the Services (including by email, SMS or MMS text message), to keep you posted on our latest product or service announcements or updates, software updates, security alerts and any technical notices, to provide you with confirmation of purchases, invoices, support and administrative messages or notice about changes to our terms, conditions or policies. We will use your Contact Information when we communicate with you. Where it is relevant to the issues we are contacting you about we may also use the other categories of information described in Section 1 above;
- Promotions and advertising:to communicate with you about and administer contests, promotions and rewards, upcoming events and other news about products and services offered by Randomsinc and our selected partners that may be relevant to you, your interests and how you use the Services, including marketing and advertising communications; and to develop, display and track content or advertising that may be relevant to you on our site and other sites, including providing our advertisements to you when you visit other sites. We may use all categories of information described in Section 1 for this purpose. We will use your Contact Information for direct communications with you.
For information on your marketing and advertising options see the “Marketing Choices” section below.
- Geographical or GPS location-based services:in addition to the uses described above, to provide features of the Services that may be relevant to you and your geographical location or GPS information, such as Services provided through our mobile apps that may allow users to see more information about each other, for example, common restaurants or points of interest visited or seen; you should always check the location-based settings on both your device and on the Services to manage such services;
- Perform other functions as may otherwise be described to you at the time of collection or as enabled by you in relation to our Services or other products or services offered by Randomsinc; and
- Link or combine information about you with other information we get from third parties to help understand your needs and provide you with a better service.
- SHARING PERSONAL INFORMATION WITH THIRD PARTIES
Our Services allow you to share information about yourself with other individuals and other companies, including other users and potential users of the Services or other products or services offered by Randomsinc and third-party Social Networking Sites. Consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile, as profiles include basic information that was provided at registration, information provided through a Social Networking Site, and may include other information added by you or your friends (for example, your religion, ethnicity and physical characteristics), as well as information about your use of the Service (for example, whether you were recently logged in to Randomsinc). Please review our Online Dating Safety Tips for tips in using our Services.
Information on your profile is viewable by other users or visitors to our Services, and may also be viewable through public search or on third-party sites that you use. We do not control who reads the information you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal information. Also, when sharing information about others, please consider their safety and privacy and get their consent for that sharing.
Additionally, we may share information with third parties as follows:
- . with third party vendors, consultants, advertising partners, and other service providers that perform services on our behalf, which may include, but is not limited to, identifying and serving targeted advertisements, providing fraud detection services, processing payments, providing chargeback representation services or providing analytics or attribution services;
- with our business partners who offer a service to you jointly with us, for example, when running a contest or promotion;
- in connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings; and
We may also share information with others that is not personal information, or that is in an aggregated or anonymous form that does not reasonably identify you directly as an individual or is provided in hashed, non-human readable form.
For further information on your marketing and advertising options see the “Marketing Choices” section below. Note that the term “third party” does not include companies in the same group of companies as Randomsinc, which includes our subsidiaries (that is, any organization we own or control) or our ultimate holding company (that is, any organization that owns or controls us) and any subsidiaries that our holding company owns. Unless otherwise indicated, these companies will use your personal information in the same way as we can under this Policy.
- MARKETING CHOICES
- . Communications from Us.By registering for our Services, you consent to receive email messages from us. You can opt out of receiving certain messages from us by visiting the “settings” page of your account or by clicking the “unsubscribe” or “opt-out” link on these email communications from Randomsinc. Note that you are not permitted to unsubscribe or opt out of non-promotional messages regarding your account, such as technical notices or purchase confirmations, or our ongoing business activities in order to provide the Services to you. If you consent to receive SMS or MMS text messages, we may communicate with you via text.
- Online Advertising and Tracking.In addition to the advertising practices described above, we may use, share or permit third party advertising networks or similar third party partners to collect information about your browsing and usage activities over time and across websites and applications when you use our sites or Services. Typically, this information is collected through cookies, pixels or similar technologies which recognize the device you are using and collect information, including hashed data, click stream information, browsing and usage activities on our Services and on other applications and sites around the Web, browser type, time and date you visited the site, and other information. This information is typically used to display targeted ads on or through our Services or other products or services offered by Randomsinc, to display targeted ads to our users or website visitors on other websites or apps, including on Facebook, and to analyze the success of our marketing campaign efforts.
Please note that you may not be able to limit all advertising and tracking on your mobile device.
- ACCESS TO YOUR INFORMATION AND ACCOUNT MANAGEMENT
Please note that if you change information in your account or otherwise opt out of receiving certain communications, this will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.
- TRANSFER AND SECURITY OF INFORMATION
- AGE RESTRICTIONS
Although our website is a general audience site, we restrict the use of our Services to individuals age 18 and above. We do not intentionally collect or maintain personal information from children under the age of 13. If you become aware that personal information about a person under 13 has been provided to us, please immediately contact us using the details below.
- LINKS TO THIRD PARTY WEBSITES
The Services may, from time to time, contain links to and from third party websites of our partner networks, advertisers, partner merchants, retailers or affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please always check the privacy policies that apply to a third party site before you provide any information to the website.
- FRAUD PREVENTION SERVICES
- UPDATES TO THIS POLICY
We reserve the right to modify this Policy from time to time. If we make changes to this Policy, we will change the “Last Revision” date below and will post the updated Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.
- NO RIGHTS OF THIRD PARTIES
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Service.
- CONTACTING RANDOMSINC
If you have questions about this Policy, please contact us at privacy@Randomsinc.com or by writing to us at: Randomsinc, Inc., Attn: Privacy Matters, 989 Market Street, 6th Floor, San Francisco, CA 94103.
- LAST REVISION DATE AND EFFECTIVE DATE
This Policy was last revised on September 7, 2016. For users who registered for the Services prior to September 7, 2016, this Policy will be effective on September 30, 2016.
- LANGUAGE OF THE POLICY
The language of this Policy is English. Where Randomsinc has provided a translation of the English version of this Policy, you agree that the translation is provided for your convenience only and that the English language version of this Policy will govern your relationship with Randomsinc. If there is any contradiction between what the English language version of this Policy says and what a translation says, then the English language version will take precedence.
Last Revised: September 7, 2016
For users who registered for the Services (as defined below) prior to September 7, 2016, the Agreement (as defined below) will be effective on September 30, 2016.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU BECOME A RANDOMSINC SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Randomsinc when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Randomsinc for products, services or otherwise.
All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
This Agreement and any policy or guideline of the Services may be modified by Randomsinc in its sole discretion at any time. Randomsinc shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
1. ELECTRONIC RECORDS
Because the Services are provided electronically, you must consent to Randomsinc’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Randomsinc may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account (you may change the email address associated with your Randomsinc account by going to the “settings” page). You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by Randomsinc, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the Randomsinc website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.
You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by Randomsinc are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Randomsinc may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Randomsinc and are not using the Services for reasons that are in competition with Randomsinc or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
3. USE OF THE SERVICES
You agree that you will only use the Services, including the posting of any content through 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. Use of the Services is void where prohibited.
- Member Account.You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
- Account Security.You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately notify Randomsinc if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Randomsinc is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
- Exclusive Use.You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
- Interactions with Other Users; Criminal Background Screenings.You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, RANDOMSINC DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. RANDOMSINC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT RANDOMSINC IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. Randomsinc does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that Randomsinc may create test profiles or accounts to monitor the operation of the Services.
You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
- No Commercial Solicitation or Advertising.You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
- User Conduct.Randomsinc is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
- use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
- defraud, swindle or deceive other users of the Services;
- disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Services;
- collect or solicit personal information about anyone under 18;
- use the Service for any phishing, trolling or similar activities;
- use the Service to redirect users to other sites or encourage users to visit other sites;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
- attempt to access any Services or area of the Sites that you are not authorized to access; or
- permit or allow other people or third parties to access and use the Services via your account.
- Reporting Violations.If you wish to report any violation of this Agreement by others, including Members, you may do so by using the “Report This Profile” button or similar button or link on the Services or by contacting us here.
- Verification and Enforcement.Although Randomsinc does not routinely conduct criminal screenings of its users, you agree that Randomsinc has the right to do so at its sole discretion, and you consent to such screening and agree to provide to Randomsinc, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if Randomsinc believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Randomsinc may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
4. USER CONTENT
- . Responsibility for User Content.You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Randomsinc through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). Randomsinc does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is Randomsinc liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
- Accuracy of Information.You will not post any inaccurate, misleading, incomplete or false information or User Content to Randomsinc or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
- No Duty to Review User Content.Although you understand and acknowledge that Randomsinc has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that Randomsinc may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes Randomsinc’s right to modify, crop or “photoshop” any photos you submit to comply with Randomsinc’s policies, practices and procedures.
- License of User Content to Randomsinc.Randomsinc claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Randomsinc, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Randomsinc will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Randomsinc and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
- Use of Proprietary Information of Others.You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
- Prohibited Content.You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Randomsinc policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
- . is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone’s data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- contains any advertising, fundraising or promotional content; or
- is, in the sole judgment of Randomsinc, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Randomsinc or its users to harm or liability of any type.
- Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Randomsinc and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to Randomsinc by email or otherwise, are non-confidential and shall become the sole property of Randomsinc. Randomsinc shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. Randomsinc shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Randomsinc logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of Randomsinc and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Randomsinc.
You are granted a limited, non-sublicensable license to access and use the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Randomsinc or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Randomsinc, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Randomsinc reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
7. REPEAT INFRINGER POLICY
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing termsofuse@Randomsinc.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
Randomsinc reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Randomsinc may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) 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; and (vi) 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. Randomsinc’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright Agent
989 Market Street, 6th Floor
San Francisco, CA 94103 USA
copyright@Randomsinc.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Randomsinc and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Randomsinc’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
“RANDOMSINC,” Randomsinc’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of Randomsinc, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Randomsinc or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Randomsinc and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Randomsinc websites for noncommercial purposes, provided such link does not portray Randomsinc or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Randomsinc’s logo or proprietary graphics to link to any Randomsinc website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Randomsinc trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Randomsinc’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Randomsinc or any third party.
Randomsinc makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Randomsinc and Randomsinc is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Randomsinc provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Randomsinc of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.
11. THIRD PARTY CONTENT
Randomsinc may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Randomsinc does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Randomsinc is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
12. ADVERTISERS AND OTHER THIRD PARTIES
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Randomsinc is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Randomsinc shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
13. PAID SERVICES
- . If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services or virtual coins (as described below), you authorize Randomsinc and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Randomsinc’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 13).
- Payment Method.Randomsinc may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize Randomsinc to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
Randomsinc’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
- Automatic Renewal of Subscriptions.IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 13(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
- Cancellation of Subscriptions.TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 22, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 22, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 22 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
- Current Information Required.You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Randomsinc. You agree to promptly notify Randomsinc if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
- Change in Amount Authorized.If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Randomsinc will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that Randomsinc may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Randomsinc will inform you of any additional charges that are accumulated.
- Incorrect Payments and Errors.In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, Randomsinc shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways.
Randomsinc reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
14. MOBILE SERVICES
You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the “Mobile Services”). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.
Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. To stop receiving SMS messages from us, text STOP to 96675. To get help, text HELP to 96675 for instructions. For customer support, please contact us at http://www.Randomsinc.com/contactinfo.php or write to support@Randomsinc.com. We support the following carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, Cricket, Alltel, ACG, Cincinnati Bell, U.S. Cellular®, Virgin Mobile, Aliant Mobility, Bell Mobility, Inc., MTS/Allstream Inc., Northern Telephone, Rogers Cantel Inc., Sasktel Mobility, Telebec, Telus Mobility, and Virgin Mobile Canada.
In the event you change or deactivate your mobile telephone number, you agree to update your account information on Randomsinc within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
15. DOWNLOADABLE APPLICATIONS
By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
16. MOBILE SOFTWARE
- . Mobile Software.We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. Randomsinc does not warrant that the Mobile Software will be compatible with your device. Randomsinc hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Randomsinc account on one device owned or leased solely by you, for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (vii) use the Mobile Software on any device that you do not own or control; or (viii) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that Randomsinc may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Randomsinc or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Randomsinc reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section 16 may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.
- Mobile Software from iTunes or the App Store.The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Randomsinc, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Randomsinc as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Randomsinc as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Randomsinc, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Randomsinc acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.
- No Support.This Agreement does not entitle you to receive from Randomsinc, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
- S. Government End Users.The Mobile Software was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Mobile Software consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government end users acquire only those rights in the Mobile Software that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government end users acquire only technical data and the rights in that data as expressly provided in this Agreement. Any use, reproduction, release, performance, display or disclosure of the Mobile Software by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement.
- Export Controls.The Mobile Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Mobile Software and other Randomsinc Services.
- Users Outside the U.S.If you are using the Mobile Software outside the U.S.A., then the following shall apply: (a) you confirm that this Agreement and all related documentation is and will be in the English language (please see Section 25 regarding any translations that are provided for your convenience); (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
- Injunctive Relief.You acknowledge and agree that your breach or threatened breach of this Section 16 shall cause Randomsinc irreparable damage for which recovery of money damages would be inadequate and that Randomsinc therefore may seek timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
17. FREE TRIALS AND PROMOTIONS
RANDOMSINC PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
RANDOMSINC DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RANDOMSINC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
RANDOMSINC DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, RANDOMSINC DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
RANDOMSINC DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN RANDOMSINC. UNDER NO CIRCUMSTANCES WILL RANDOMSINC BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RANDOMSINC, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM RANDOMSINC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RANDOMSINC’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL RANDOMSINC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RANDOMSINC 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF 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.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
20. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION
Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.
- . Governing Law.This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, Section 20(b) of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class Action or jury trial, as set out in Section 20(b) hereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against Randomsinc must be resolved in a federal or state court located in Santa Clara County, California, USA or as described in the Arbitration provision below. Both you and Randomsinc retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that the state or federal courts located in Santa Clara County, California, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with Section 20(b) hereof (or for any proceeding seeking relief in aid of such arbitration) or in the event that the Arbitration provision below is for any reason held to be unenforceable.
- READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM RANDOMSINC. For any dispute with Randomsinc, you agree to first contact us within 30 days of when the dispute arises at legal@Randomsinc.com and attempt to resolve the dispute with us informally. In the unlikely event that Randomsinc has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 20(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in Santa Clara County, California, USA (or the nearest office to Santa Clara County), unless you request a hearing in your hometown area or you and Randomsinc agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules, but if you are unable to pay any of them, Randomsinc will pay them for you. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Randomsinc will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process
If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and Randomsinc submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.
- CLASS ACTION AND JURY TRIAL WAIVER.YOU AND RANDOMSINC AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RANDOMSINC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
- You agree to defend, indemnify and hold Randomsinc, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations.
- If any clause within this Section 20 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
- . Termination by Randomsinc.Notwithstanding anything to the contrary in this Agreement, Randomsinc may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Randomsinc by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in Randomsinc’s sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to Section 20 of this Agreement.
- Termination by You.In addition to any right to cancel your subscription pursuant to Section 22, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the “settings” page of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to Randomsinc and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
- After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including without limitation Sections 18, 19, 20 and 24.
22. CANCELLATION RIGHTS
In addition to the cancellation procedure set forth in Section 13(d) above, if you are a Randomsinc subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of your subscription in accordance with this Section 22, your subscription benefits will terminate immediately.
- . You have the right to cancel your subscription, without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you became a subscriber. A signed written notice of cancellation (which includes your Randomsinc user name and the email address used to register for the Services) must be sent by certified mail to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102, or personally delivered to our offices at that address. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
- You have the right to cancel your subscription, without any penalty or obligation, at any time until midnight of the third business day after the day on which you subscribe to any Paid Services. To cancel your subscription, mail or deliver a signed and dated notice (which includes your Randomsinc user name and the email address used to register for the Services) to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102, or send a telegram which states that you are cancelling your subscription or words of a similar effect. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
- NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: RANDOMSINC, INC., ATTN: REFUND REQUEST, 77 Van Ness Ave., #1313, San Francisco, CA 94102. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR RANDOMSINC USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
- You have the right to cancel your subscription, without any penalty or obligation, within three business days after the first business day after the date you became a subscriber. A written notice of cancellation (which includes your Randomsinc user name and the email address used to register for the Services) must be sent by certified or registered mail to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
- Notice of Cancellation. You have the right to cancel your subscription, without any penalty or obligation, at any time prior to midnight of the third business day after the date you became a subscriber. A signed and dated written notice of cancellation (which includes your Randomsinc user name and the email address used to register for the Services) must be mailed or delivered to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102 or send a telegram. Monies paid pursuant to any subscription for dating services shall be refunded within 10 business days of receipt of the notice of cancellation.
- MEMBERS’ RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you became a subscriber. The notice must be delivered or mailed to: Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Randomsinc user name and the email address used to register for the Services with such notice.
- New York. NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT RANDOMSINC, INC., ATTN: REFUND REQUEST, 77 Van Ness Ave., #1313, San Francisco, CA 94102. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR RANDOMSINC USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
- North Carolina. NOTICE OF CANCELLATION
You may cancel your subscription at any time prior to midnight of the third business day after the date you became a subscriber. To cancel your subscription, mail or deliver a written notice of cancellation (which includes your Randomsinc user name and the email address used to register for the Services) to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102 no later than midnight of the third business day after the date you became a subscriber. Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid. Payments made pursuant to any subscription for dating services shall be refunded within 30 days after the notice of cancellation is given.
- NOTICE OF CANCELLATION
You may cancel your subscription for any reason, without any penalty or obligation, until midnight of the third business day after the date you became a subscriber, or if the Services are not available when you became a subscriber, you may cancel your subscription prior to midnight of the seventh business day after the date on which you receive your first Service. A written notice of cancellation (which includes your Randomsinc user name and the email address used to register for the Services) must be sent by certified mail, return receipt requested, or delivered to Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102 or send a telegram. Notice of cancellation by certified mail is effective upon the date of post marking. Delivery is effective when delivered to the address above.
- Rhode Island. NOTICE OF CANCELLATION
You may cancel your subscription at any time prior to midnight of the third business day after you became a subscriber by mailing, by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation at Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102. If you cancel under this provision, any payments made by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Randomsinc user name and the email address used to register for the Services with such notice.
- CANCELLATION AND REFUNDS
RIGHT TO CANCEL. You are permitted to cancel your subscription until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying Randomsinc by any writing mailed or delivered to Randomsinc at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Randomsinc and arrangements will be made to relieve you of any further obligation to pay the same. Include your Randomsinc user name and the email address used to register for the Services with such notice.
23. STATE SPECIFIC PROVISIONS
If you are a Randomsinc subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your Randomsinc user name and the email address used to register for the Services) by mail at Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102.
- . The following additional provisions(s) apply if you are a California subscriber (as determined by the zip code you use at the time of your subscription):
- . If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to Randomsinc. If the physician determines that the duration of the disability will be less than six months, we may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation.
- You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of California Civil Code¬§ 1694.3(b), the term “Dating Service Office” shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from Randomsinc’s Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation. Upon such election, if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you If you elect to be relieved of further obligation pursuant to this subdivision, Randomsinc may charge you a fee of $100.00 or, if more than half the life of the contract has expired, a fee of $50.00, not to exceed the amount of the refund to which you are entitled. Such fee shall be deducted from any refund which Randomsinc is required to make to you.
- The following additional provision(s) apply if you are an Illinois subscriber (as determined by the zip code you use at the time of your subscription):
- . You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an “enterprise” shall mean any location where the Services are available. If you relocate your primary residence to a location that is more than 25 miles from where our Services are comparably offered, you may cancel this contract and shall be liable only for that portion of the charges allocable to the time before reasonable evidence of the relocation is presented to Randomsinc plus a fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such fee shall be deducted from any refund which Randomsinc is required to make to you.
- If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death.
- New York.The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription):
- . If you subscribe for any Paid Services, Randomsinc will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that Randomsinc shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals.
- Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Randomsinc’s business by another company or third party or in the event of bankruptcy, Randomsinc will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
- If you permanently relocate your primary residence further than 50 miles from any area in which Randomsinc offers the Services, you may elect to terminate your subscription by notifying us in writing at Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
- You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify Randomsinc in writing (which includes your Randomsinc user name and the email address used to register for the Services) at Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102.
- The following additional provision(s) apply if you are an Ohio subscriber (as determined by the zip code you use at the time of your subscription):
- . If by reason of death or disability you are unable to receive the benefits from the Services, the contract shall be proportionally divided by all of the days in which the Services were made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the Services were made available to you free of charge as part of the contract offering, and within 30 days after receiving notice of your death or disability, we shall refund your representative or you the amount paid in excess of the proportional amount. We shall have the right to require and verify reasonable evidence of the death or disability.
- If you relocate your residence 25 miles or more from any area in which Randomsinc offers the Services, you may elect to terminate your subscription by notifying us in writing at Randomsinc, Inc., Attn: Refund Request, 77 Van Ness Ave., #1313, San Francisco, CA 94102 of your intention to relocate and requesting that the contract be terminated. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid.
25. LANGUAGE OF THE AGREEMENT
The language of this Agreement is English. Where Randomsinc has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with Randomsinc. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
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What types of cookies does Randomsinc use?
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Third Party Cookies
Online Dating Safety Guide
Tips to help you make your dating experience safe, fun, and comfortable
When you begin dating online, it’s a good time to think about what you want from a relationship. It’s also a good time to think about how to safely meet and interact with new people. Remember, RANDOMSINC doesn’t provide background checks on our members or subscribers and though we take steps to protect our members, ultimately, your online and offline safety is your responsibility and should be your top priority. Use these tips and common sense practices to help you look for a fulfilling relationship.
- Creating Your Profile
- Connecting Online
- Meeting In-Person
- Identifying Scammers
- Learn More
Creating Your Profile
Protect your identity and personal information
- Be Anonymous
Don’t include your last name or any other identifying information such as your place of work in your profile or initial communications.
- Don’t Use Contact Information
Don’t include your contact information such as your email address, home address, or phone number in your profile or initial communications.
- Protect Your Password
Use caution when accessing your account from a public or shared computer so that others can’t view or record your password or personal information.
Get to know people and evaluate your relationships
- Communicate through RANDOMSINC
Act with caution and learn more about someone and evaluate the relationship before contacting him or her outside of RANDOMSINC on the phone or through your personal email or social media accounts. Also, consider using an anonymous email address for contacting people outside of RANDOMSINC.
- Take Your Time
Sometimes when you’re excited about someone, your instincts can be confused by strong feelings. Take your time to get to know someone before sharing your full identity or personal information.
- Do Your Own Research
Don’t get a false sense of security because you’re on a dating site; do your own research to learn more about someone and make informed decisions before you meet. Check to see if the person you’re interested in is on other social networking sites like Facebook, do a web search to see if there are other records of the person online, and use government resources that are publicly available and paid services. RANDOMSINC DOES NOT ROUTINELY SCREEN OUR MEMBERS, INQUIRE INTO THE BACKGROUND OF OUR MEMBERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR MEMBERS, OR CONDUCT CRIMINAL SCREENINGS OF OUR MEMBERS.
- Never Send Money
There is no reason for anyone to ask you for money or your financial information. Always keep your bank and account information private.
- Report Suspicious Behavior
Be smart and take precautions
Going on a date with someone new is an exciting step in a relationship, but continue being careful. When meeting someone in person for the first time, take precautions and consider these dos and don’ts.
- Let friends or family members know where you’re going and when you’ll be home
- Meet in a public place with lots of people around
- Use your own transportation to get to and from the date
- Watch your alcohol intake
- Keep your wallet, phone, and personal items with you
- Leave at any time you feel uncomfortable
- Bring your cell phone with you
- Arrange to contact a friend when the date is over
- Go on your date without telling anyone
- Meet somewhere isolated or at your or someone else’s home
- Allow your date to pick you up at your home or place of work
- Leave your drink unattended
- Leave your personal items unattended
- Feel pressured to stay or do anything
- Go to a place where you can’t contact anyone
- Return from your date alone, without telling anyone
Report suspicious behavior right away
Remember that people aren’t always what they seem. If you suspect that someone you’re talking to may be a scammer, stop your communications and immediately report him or her. To report and block a member, visit his or her profile and select the grey arrow or “…” button.
A few examples of common scammer behaviors to report immediately include:
- asking you for money or financial information—especially to help pay for travel expenses or medical bills
- contacting you from another country (or claiming to be from your country but stuck in a foreign country)
- refusing to meet in person or talk on the phone
- claiming to love you right away or pushing for a serious relationship without getting to know you or meeting in person first
- pressuring you for your phone number, email, or other personal or financial information right away
- asking to communicate through a channel other than RANDOMSINC right away (e.g., texting, calling, using another site, etc.)
- often repeating things or seeming disconnected from communications
- dodging your questions without providing answers, or replies to your messages seem off-topic, trying to sell you products or services
- offering you a job opportunity
- directing you to other websites or a pornographic site
To learn more details about ways to help you stay safe while dating online visit the Federal Trade Commission’s Online Dating Scams site at http://www.onguardonline.gov/articles/0004-online-dating-scams.