Online Dating at if You're Single
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE.PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
LAST UPDATED: April 18, 2011
As used herein, "Site" refers to IfYoureSingle.com (including sites designed to be accessed by browsers using Wireless Application Protocol) and other sites on the World Wide Web originating in the United States which are owned and/or operated by If Youre Single, LLC, (hereinafter "IYS"). By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.
IYS reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
IYS may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. IYC may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
USE OF THIS SITE
In using this site, you acknowledge and accept that:
a. IYS cannot and does not ensure your personal security or privacy as a consequence of your contact, meeting or encounter with any other individual through the Site. IYS has not performed any screening, background checks, or verification of any information provided by its users. It is up to each user to determine the nature and extent of any steps you deem advisable to ensure you personal safety and security.
b. IYS is not liable for any damages, direct, indirect, incidental and or consequential, arising out of the use of this Site or its services, including without limitation damages arising out of communicating and or meeting with other members or introduced to you via this Site or IYS’ services. Such damages include without limitation, physical damages, bodily injury and or emotional distress or discomfort.
c. IYS cannot ensure the security or privacy of information that you provide through the Site or your messages, or that you provide to persons whom you meet through the Site, whether or not such information is exchanged on or through the site. You release us from any and all liability in connection with the use of information by other parties.
d. You should use caution in selecting the personal information you provide to others you meet through the Site, whether on the Site or otherwise. IYS is not responsible for the use by others of any information that you provide to them, and you release IYS from any and all liability in connection with the use of such information.
e. IYS cannot assume any responsibility for the content posted by any member, including any messages sent by other members, or profiles or other content posted on IYS in any manner. You release IYSS from any and all liability in connection with the contents of any communications you may receive from other members or users.
f. In no event will IYS be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Site, even if IYS or its agents or representatives know or have been advised of the possibility of such damages.
g. In no event will IYS be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the website or the IYS service, even if IYS has been advised of the possibility of such damages.
h. Notwithstanding anything to the contrary contained herein, IYS's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to IYS for the service during the term of membership.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights which are owned and controlled by IYS or the party credited as the provider of the material. The entire contents of the Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through this Site. Except as otherwise provided on the Site, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer (or other electronic device) for your personal, noncommercial home use, and may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Except as otherwise provided on the Site, modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to IYS or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site includes social media, chat areas, message boards, e-mail and other interactive functions ("Forums") which allow feedback and submissions to IYS and real-time interaction between guests. Only registered users who have expressly indicated their agreement to these Terms & Conditions and paid a membership fee may use any of these Forums. Registration consists of identifying oneself, creating a screen name and password, paying a fee, and expressly indicating by means of clicking on an applicable box or boxes the guest's acceptance of these Terms & Conditions. Registration is subject to IYS's prior approval and your continued compliance with the terms of these Terms & Conditions. IYS reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by IYS (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.
Terms & Conditions directly applicable to use of such Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials, whether publicly posted or privately transmitted, that you submit to any of the Forums ("Submitted Content"), are your sole responsibility. This means that you, and not IYS, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
2. IYS does not endorse or control the Submitted Content delivered to this Site, and IYS has no obligation to monitor such Submitted Content. As such, IYS does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, IYS reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. IYS further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of IYS, its guests and the public.
4. You understand that by using this Site, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will IYS be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via this Site, including its Forums.
5. You understand that the comments of others displayed in connection with your Submitted Content as used herein ("Third Party Comments"), may be disparaging, defamatory, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. IYS expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that IYS shall have the right (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion, and publicity for the Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.
6. By registering, accepting these Terms & Conditions, and uploading Submitted Content, you represent and warrant to IYS the following: (a) you are at least 18 years of age, (b) all of the information provided by you to IYS to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to this Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms & Conditions.
7. It is a condition of your access and use of this Site that you do not:
a. Restrict or inhibit any other guest from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of IYS, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of this Site;
e. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
g. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18;
h. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
i. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
j. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
k. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other guests of this Site are able to type, or otherwise act in a manner that negatively affects other guests' ability to engage in real time exchanges;
l. Interfere with or disrupt this Site or servers or networks serving this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
m. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
n. "Stalk" or otherwise harass another; or
o. Collect or store personal data about other guests.
8. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to IYS a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You further grant IYS a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.
9. You warrant that any materials you upload, post, e-mail or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
NO RESALE OF SERVICE
You agree not to resell the Site’s Service (hereinafter “Service”) or use of or access to the Service.
PAYMENT TERMS AND CANCELLATION
1. For purposes of your use of our Service, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process (“Subscription Data”), including your legal name, address, telephone number, email address and other billing information (e.g., credit card number and expiration date), and allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
2. Payment for the service may be made by credit card or other means by which IYS authorizes.
3. The monthly service charges are subject to change without any notice.
4. You agree to promptly inform IYS of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until IYS is notified by email of a breach in security at HYPERLINK "mailto:Customercare@ifyouresingle.com" Customercare@ifyouresingle.com, You will remain liable for any unauthorized use of the service.
5. Subscription plans to the Service consists of an initial 30 day period, for which there is a one time charge, followed by an email request from IYS requesting authorization for another one time charge to gain access to the Service for an additional 30 days. IYS will contact You in 30 day intervals request authorization for You to continue to access the Service.
6. There is no cancellation within any of the 30 day subscription periods for which You authorize IYS to charge You. If you decide you do not want to renew Your membership during any of Your subscription terms, you may use your subscription until the end of your then current subscription term and then simply fail to authorize IYS to extend your subscription for another 30 days. However, You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
7. In compliance with N.Y. General Business Law § 394-C, You cannot be charged for any services if You cancel within three business days. Notice of cancellation must be delivered by certified or registered mail.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. IYS MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IYS does not have any responsibility for the processing or delivery of products purchased from this Site.
LINKED SITES
IfYoureSingle.com may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply IYS's endorsement. IYS has not reviewed all of the Third Party Sites linked to this Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
LINKING TO THE WEBSITE
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you, including notice delivered by electronic mail.
IYS LICENSEES
IYS may decide to license its “If You’re Single” brand and other brands to others for use on goods and services ("Third Party Licensees") from time to time. The appearance of the brand on these products and services does not mean that these are IYS products or services. IYS makes no warranty of Third Party Licensee products or services. They are products and services offered and sold by independent companies that qualify as Third Party Licensees. IYS is not responsible for these products or services. You purchase and use them at your own sole risk and you should direct any concerns regarding any Third Party Licensee products or services to the appropriate Third Party Licensee company. If you have any questions about the contact information of the Third Party Licensee, IYS will provide contact information from its files for your assistance.
JURISDICTIONAL ISSUES
This Site is controlled and operated by IYS from its headquarters in Huntington, New York, United States of America. IYS makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and IYS in connection with your access and use of this Site.
IYS may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
DISCLAIMERS
Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.
IYS assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person’s computer related to or resulting from participating or downloading materials in connection with IfYoureSingle.com or IYS and its parents, affiliates, officers or employees.
IYS cannot guarantee and does not promise any specific results from use of the Service and/or the Site.
IYS does not guarantee the accuracy of any statements provided to IYS from any of its members and IYS is not responsible for the conduct, whether online or offline, of any of its members, or for the conduct of any persons who access or otherwise use the Site. Further, IYS has not and does not conduct criminal background checks on its users.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IYS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. IYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. IYS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY
To the fullest extent permitted by applicable law, IYS and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if IYS or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless IYS and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by IYS and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. IYS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, IYS may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to IYS a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against IYS and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse IYS and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
REGISTRATION/SUBSCRIPTION
As part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, including a valid e-mail address, all of which must be accurate and updated:
1. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that IYS, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
2. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of IYS.
3. You shall notify IYS at HYPERLINK "mailto:customercare@ifyouresingle.com" customercare@ifyouresingle.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
4. You may not share your password and subscriber ID with others.
MINORS
This Site contains material that may not be appropriate for children, and all registered users of this site must be at least 18 years of age. If there is a concern by parents that children may visit this Site, IYS recommends using a parental control software package. Some sample parental software packages include: Net Nanny ( HYPERLINK "http://www.netnanny.com" http://www.netnanny.com), Cyber Patrol ( HYPERLINK "http://www.cyberpatrol.com" http://www.cyberpatrol.com), Cybersitter ( HYPERLINK "http://www.cybersitter.com" http://www.solidoak.com). Please be advised that IYS does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read IYS’s Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION
IYS has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If IYS removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any guests (including terminating their login and password) and/or block access to the Site of any guests who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit IYS to contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
By email: Customercare@ifyouresingle.com
By mail:
If Youre Single, LLC
146 Soundview Rd.,
Huntinton, NY 11746
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material IYS has removed.
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your signature.
Send the Counter Notification to the following address:
By email: Customercare@ifyouresingle.com
By mail:
If Youre Single, LLC
146 Soundview Rd.,
Huntinton, NY 11746
Please ensure that this is a working email address. You can use a different address if you prefer.
Please ensure that this is a working email address.
As we discussed, you will need to change this to a street address at which you receive mail. You will also need to register as a copyright agent.
LAST UPDATED: April 18, 2011
As used herein, "Site" refers to IfYoureSingle.com (including sites designed to be accessed by browsers using Wireless Application Protocol) and other sites on the World Wide Web originating in the United States which are owned and/or operated by If Youre Single, LLC (hereinafter, "IYS"). By using this Site, you indicate your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, you are not permitted to access this Site and you should not do so.
IYS reserves the right to change or otherwise update this Privacy Policy at any time. Such changes or updates are effective immediately after IYS gives notice of the change or update, which IYS may do by posting on this Site, or by e-mail or conventional mail, and/or by any other means which provides reasonable notice. Your use of this Site after such notice is posted means that you accept these changes or updates.
IYS understands and respects your desire for privacy. To that end, we would like you to know how we use the personal information you provide to us.
We (both directly and through third parties) collect personally identifying information when you register to use the Site, enter contests, or participate in other interactive online activities (e.g., surveys, providing comments, participating in social media, or games) throughout this Site. This personally identifiable information may include your name, street address, city, state, zip code, e-mail address, landline phone number, cell phone number, and other identifiers that permit the physical or online contacting of a specific individual. As described below, we may use such information to award prizes or, with your permission, for promotional and marketing purposes. We also collect non-personally-identifiable information (such as your IP address or domain, or about your use of the Site) both directly and through third parties, including through the use of Web beacons, for purposes of site administration and to compile aggregate information about usage of the Site.
From time to time, we may use personally identifiable information to offer promotions, products, programs or services that may be of interest to you, or combine information we receive online with our outside records to enhance our ability to offer you promotions, products, programs or services that may be of interest to you. If you prefer not to receive such offers from us, please send an email to privacy@ifyouresingle.com. From time to time, we also may make personally identifiable information available to other companies to offer promotions, products, programs or services that may be of interest to you. If you prefer not to receive such offers from other companies, please send an email to HYPERLINK "mailto:privacy@ifyouresingle.com" privacy@ifyouresingle.com.
You will be asked for your credit card information if you subscribe to IYS or buy any product from the Site. Your credit card information, along with the personal identifying information you submit, is transferred to and used by third party financial institutions to verify the credit card numbers and to authorize the processing of the transaction. Be sure to review all privacy policies published by our third party service providers and contact them directly if you have questions as they may have privacy terms that differ from IYS's Privacy Policy.
This Site has implemented appropriate safeguards to help prevent unauthorized access, maintain data security, and to make proper use of the information that we collect. However, no transmission of data over the Internet is guaranteed to be completely secure. Thus, while we strive to protect your personal information, IYS cannot absolutely guarantee the security of any information you provide to us.
You can also unsubscribe from promotional and marketing e-mails that you receive from one of this Site's partners by typing "UNSUBSCRIBE" (and only "UNSUBSCRIBE") in the subject line in a reply to one of the partner's e-mails to you, following the "unsubscribe" link at the bottom of the e-mail, or by following the partner’s Privacy Policy found on its website.
POLICY FOR MINORS
This site is not intended for use by children. Children should always ask parents for permission before providing any personal information online. No information should be submitted to or posted on this Site by any Minor (a guest under 18 years of age) without the consent of a parent or guardian. Unless otherwise disclosed during collection, we do not knowingly collect any personally identifiable information about minors on this site, provide any personally identifying information about Minors, regardless of its source, to third parties, and do not knowingly use such information for any marketing or promotional purposes. Minors are not allowed to participate in contests on this Site.
POLICY FOR ADULT GUESTS
This Site collects personal information from guests over 18 years of age in order to provide guests with a personalized online experience and to provide our advertisers a way to reach the right audience. IYS may share the personal and aggregate information we collect with our affiliates and other sites operated by and for IYS. On a confidential basis, IYS may also share personal information with our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf (such as fulfilling orders or for general site administration purposes). IYS shares aggregate information with third parties for advertising and promotional purposes. If all or part of IYS or its affiliates are sold, merged, or is otherwise transferred to another entity, the information you have provided at the Site may be transferred to such entity as part of that transaction. We may also disclose personal information in response to legal process, such as a request by law enforcement, a court order or subpoena, or to protect the integrity of this Site if we believe that a guest has committed unlawful or otherwise harmful acts.
With the permission of guests 18 years or older, information submitted at the time of registration or submission may be used for marketing and promotional purposes by us and, also with the permission of the guest, may be shared by us with companies that have agreed with IYS to use this information only for the marketing and promotion of its products and services.
If any individual submits content for publication, we may publish his or her name and any other information submitted by that individual.
If guests elect to use our referral service for informing a friend about this Site, we ask for the friend's e-mail address, and we will send an e-mail in response to the guest's request inviting their friend to visit the Site. This information is stored at this Site solely for the purpose of sending the e-mail.
YOUR CALIFORNIA PRIVACY RIGHTS
A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the guest’s permission. Whenever a guest agrees to allow us to collect personal information, we provide the guest with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by clicking on the link below:
Opt-out
Because this Site has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list.
PUBLIC FORUMS
Whenever you voluntarily disclose personal information online in social media, chat rooms, message boards, or similar posting areas, the information can be reviewed and collected by anyone. Therefore, do not post any information that you do not want to be made available to the general public. IYS is not responsible for unsolicited communications that arise from your postings on this Site.
PURCHASE OF PRODUCTS FROM THIS SITE
If you purchase a product or subscribe to a third-party’s service through this Site, information may be collected from you, including your credit card and contact information, for transfer to and use by third party providers of the product. IYS does not retain this information. Unless otherwise stated, IYS does not have any responsibility in connection with such purchases and all transactions and use of any customer information are the sole responsibility of the product provider. Be sure to review the product provider's privacy policy and contact them directly if you have any questions. They may have privacy terms that differ from IYS's Privacy Policy.
In addition to the foregoing, IYS may share or disclose personally identifiable information about you to other companies or individuals when:
We utilize third party service providers to provide products, services or functions on our behalf (such as sending emails or processing credit cards or fulfilling subscriptions), and ask these service providers to agree to maintain the confidentiality of your personally identifiable information and not to use your personally identifiable information for any reason except to carry out the purpose(s) for which we hired them;
You have entered a contest or sweepstakes sponsored by a third party and you have agreed to permit the third party to share, disclose or otherwise use personally identifying information, in which case the information may be shared with that third party for their use as permitted by their respective privacy policies, including direct marketing;
We need to protect our legal rights (for example, if we are trying to collect money you owe us);
We must comply with applicable laws, regulations, or legal or regulatory process; or in connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the web sites to which this policy applies.
THIRD PARTY ADVERTISING
We use third party advertising companies and advertising networks to serve ads to you on our behalf when you visit this Site. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this Site and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit the following web addresses:
HYPERLINK "http://www.networkadvertising.org/optout_nonppii.asp" http://www.networkadvertising.org/optout_nonppii.asp
HYPERLINK "http://www.advertising.com/Privacy.html" http://www.advertising.com/Privacy.html
HYPERLINK "http://www.doubleclick.com/us/about_doubleclick/privacy" http://www.doubleclick.com/us/about_doubleclick/privacy
USE OF IP ADDRESSES
An IP address is a number that is automatically assigned to your computer by your Internet service provider whenever you log on to the Web. Web servers automatically identify your computer by its IP address, so when a guest requests pages from this Site, our servers log the guest's IP address. The IP addresses of our guests are collected only for the purposes of system administration and to report aggregate information to our advertisers, our corporate affiliates or consultants, or with third parties that perform a particular service on our behalf. We do not combine IP addresses with any personally identifying information, nor do we compile any session activity reports by IP address.
USE OF COOKIES
In cyberspace, cookies are pieces of information that a Web site transfers to an individual's hard drive for record-keeping purposes.
Cookies make Web-surfing easier for you by saving your passwords, purchases, and preferences while you're online. The use of cookies is an industry standard. You'll find them at most major Web sites.
We use cookies to help us see which areas are popular and which are not. This helps us to target ads based on guest interests, and also improve and update this Site based on such data as total number of guests and pages viewed. This information is most easily tracked with cookies.
A cookie allows us to store the personal preferences that you set during each visit to this Site, which in turn allows us to speed up your future activities at this Site. Similarly, the stores hosted by this Site usually use cookies to track which products you've chosen to purchase while shopping. Letting cookies do the record-keeping saves you the trouble of entering information over and over again. If you are a subscriber of IYS and have registered to access the subscriber-only portion of this Site, an identifying cookie will be placed on your computer. During future visits to this Site, we will only read and retrieve information that we set in a cookie during an earlier visit to this Site.
You may occasionally get cookies from our advertisers on this Site as well. This Site does not control these cookies, and they are not subject to IYS's Privacy Policy. Advertisers do not have access to this Site's cookies.
The use of advertising cookies sent by third-party servers is standard in the Internet industry.
Most browsers are initially set to accept cookies. If you'd prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. However, it is possible that some parts of this Site, such as the shopping, contest, and game areas, will not function properly if you do so.
If you have any questions or concerns about IYS's Privacy Policy or its implementation, you may contact us at privacy@ifyouresingle.com.
Please ensure that this is a functioning email address, or replace this with a functioning address.
