TERMS OF USE

The DateRaters' service (the "Service") is provided by DateRaters, with offices in Princeton, NJ (the "Company"). By using the DateRaters' Website, (the "Site") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member (a "Member"). If you wish to become a Member and make use of the DateRaters service, please read these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SERVICE. The Terms are subject to change by the Company at any time, effective upon notice to you, any use of the Service after such notice will constitute acceptance by you of such changes.

  1. Term. This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the My Account page. DateRaters may terminate your membership for any reason. Even after membership is terminated, this Agreement will remain in effect.

  2. Online Conduct. While you alone are responsible for the content of your feedback, and the consequences of any such messages, you agree to abide by the guidelines below. DateRaters may review and delete any content, messages, forum postings, photos or profiles (collectively, "Content") that in the sole judgment of DateRaters violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
    1. As a Member, you agree that:
      1. You are solely responsible for the Content that you publish or display ("Post") on the Service, or transmit to other users.
      2. DateRaters is not responsible for the validity of the Content posted to the DateeRater.com Site. Any information posted by you regarding another individual is truthful, factual, and represents an actual encounter. Individuals are protected by law from false claims against them. Your feedback could be construed as a claim about an individual and may be subject to libel laws. Please verify that all information submitted is accurate and factual.
      3. DateRaters is not responsible, in any way, for providing, or helping to provide, user responses to the feedback that is posted on the Site.
      4. By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to DateRaters an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing.
      5. DateRaters does not pre-screen or edit user-authored Content but that DateRaters and its designees shall have the right, (but not the obligation) in their sole discretion, to edit or move any Content that is available via the Site. Without limiting the foregoing, DateRaters and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. DateRaters may preserve your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process, (b) enforce the Terms of Use, or (c) respond to any claims that the Content violates the rights of third parties.
      6. Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. Site is to be used by you for your personal use only. Commercial uses of Site are strictly prohibited unless prior written consent from DateRaters has been granted. You agree that you will not use Site for chain letters, junk mail, 'spamming', solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
      7. You will not to use Site to publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory Content, or any Content expressing hate towards any person or groups of persons due to race, religion, color, creed, national origin or sexual orientation. You agree not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of illegal solicitation. You agree not to upload, post, email, transmit or otherwise make available any material that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
      8. You will not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of DateRaters.
      9. You will not post or use Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

  3. Ownership of Content. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content located on the Site, materials, or Services in whole or in part. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from DateRaters. By submitting Content to any "public area" of Site, including message boards, forums, chat rooms or by submitting Content for transmission to a third party, you grant DateRaters, its affiliates, and the parties to whom such Content is addressed a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the "Rights") (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such Content. You also permit any user to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on Site retains any and all Rights that may exist in such Content.

  4. Account, Password, and Security. When you register with DateRaters, you will select a login ID and password. You are responsible for maintaining the confidentiality of your login ID and password. You are also responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree not to use DateRaters in any manner that could damage, disable or impair any of DateRaters' servers, computer systems or network, or interfere with any other party's use and enjoyment of DateRaters software applications or services. You agree not to attempt to gain unauthorized access to any of software applications or services, other accounts, servers, computer systems or networks. You agree not attempt to obtain any materials or information not intentionally made available through DateRaters, or to reverse engineer, decompile, or disassemble the software code. You may not use anyone else's account at any time, without the permission of the account holder. You agree to immediately notify DateRaters of any unauthorized use of your registration or password.

  5. Tell a Friend. If a user elects to use our referral service for informing a friend about our Site, we ask them for the friend's name and email address. DateRaters will automatically send the friend a one-time email inviting them to visit the Site. DateRaters stores this information for the sole purpose of sending this one-time email. The friend may contact DateRaters to request the removal of this information from their database.

  6. Advice. DateRaters does not guarantee the accuracy, completeness, or usefulness of any information on the Service, or endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will DateRaters or its affiliates be responsible for any loss or damage resulting from users' reliance on any Content posted on the Site or transmitted to or by any Members.

  7. Warranties. DateRaters makes no warranties of any kind, whether express or implied, for the services to be provided hereunder. You agree that DateRaters shall not be liable for any losses or damages of any kind to you including, but not limited to, those that may result from service interruptions and delays. Additionally, DateRaters makes no warranties regarding its ability to recover any lost data, lost files, or other information, regardless of how or why the data or file was lost. You acknowledge that DateRaters has no control over, and no duty to take any action regarding which users gain access to the Site, what Content you access via the Site, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release DateRaters from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find objectionable or inappropriate. DateRaters makes no representations concerning any Content contained in or accessed through the Site, and DateRaters will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. DateRaters MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. DateRaters will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services. DateRaters IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF THIS SITE.

  8. Liability. IN NO EVENT SHALL DateRaters BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE. All Content, materials and information on our Website are provided on an 'as is' basis and DateRaters assumes no responsibility and risk for use of our Website and use of all information contained within it. DateRaters accepts no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. IN NO EVENT SHALL DateRaters BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THIS SERVICE.

  9. Member Disputes. You are solely responsible for your interactions with other DateRaters Users. DateRaters reserves the right, but has no obligation, to monitor disputes between you and other users.

  10. Content Storage. DateRaters assumes no responsibility for the deletion of or failure to store your Content.

  11. Indemnification. You agree to indemnify DateRaters, its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of DateRaters, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

  12. Legal Venue. These Terms of Use shall be governed by and construed in accordance with the laws of the State of [New Jersey], without giving effect to its conflict of laws provisions.

  13. Termination. In the event that DateRaters determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Site, DateRaters reserves the right to (i) warn you via e-mail that you have violated these Terms of Use, (ii) delete any Content provided by you or your agent(s) to Site, (iii) delete all Content provided by you to Site, (iv) discontinue your registration with Site and/or any other DateRaters community, (v) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action, and/or (vi) take any other action which DateRaters deems to be appropriate.

  14. Other. DateRaters may assign its rights and obligations under these Terms of Use and upon such assignment DateRaters may be relieved of any further obligation hereunder.

  15. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.


PRIVACY POLICY

The following is the official privacy policy of DateRaters, which we have written so that our users might better understand how we will use their personal information. The Terms of Use is the actual contract between DateRaters and its users, and refers to this policy as DateRaters' agreement concerning its Members' privacy.

Your right to privacy is important to us. Our aim is to strike a fair balance between your personal privacy and ensuring you obtain full value from the internet and other products and services we may be able to offer to you. This privacy policy applies to use of this Website only. Each time you visit this Website you provide us with information. This information is used to provide the best possible service to you. Please note that by using the Service you accept the privacy policy.

Cookies
DateRaters uses "cookies" to store users' preferences. Email addresses, names, and other data collected by the Site are not stored in these cookies.

Personal Information
When you visit DateRaters you may provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Site use information collected by us as you browse our Site.

When you register on the DateRaters, you create your own profile and privacy settings. Your profile includes personal information, such as your personal interests, gender, age, and certain relationship preferences. Your profile information, as well as your name, email and photo, may be displayed to other users of the Site. If you post personally identifiable information in areas of the site accessible to other users, you should be aware that such information can be read, collected, or used by other users, and could be used improperly (including for example to send you unsolicited messages). We are not responsible for the personally identifiable information you choose to submit in these forums or for others' misuse of such information.

We use personal information to provide the services we offer. Your profile, pictures and Screen Name are displayed in order to facilitate user interaction and for purposes of our feedback services. With the exception of inviting friends and certain notifications, a user's email address is not shared or displayed. Users may communicate using various DateRaters' messaging services without disclosing their email addresses. To facilitate searching on the Site, DateRaters allows users to search for other members using certain profile matching systems and/or specific Screen Names. Please remember that any information that is disclosed in the course of using the Site and/or participating in any of the public forums available via the Site becomes public information; accordingly, you should exercise caution when deciding to disclose your personal information.

Occasionally, DateRaters, or a partner, may sponsor a promotion on the Site. Users may be asked to provide personal information including name, email address, or other information or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. We may also use personal information for research, analysis, and ultimately to operate and improve the services we offer.

DateRaters may archive information, including personal information, you provide in the course of using the Site. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship.

DateRaters may share demographic information with third parties, including companies with which we have a relationship. For example and without limitation:

  1. We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as directing and displaying specific advertisements on the Site. In connection with these offerings and business operations, our service providers may have access to your personal information for use in connection with these business activities.
  2. We may be required to disclose customer information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Additionally, we may share account or other information when we believe it is necessary to comply with law or to protect our interests or property. This may include sharing information with other companies, lawyers, agents or government agencies.
  3. We may share with, or disclose or sell to, third parties aggregated information which does not reference individually identifiable users. However, DateRaters will not sell contact information to third parties.

Advertising
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Our advertising partners may download cookies to your computer. Doing this allows the advertising network to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising network to deliver targeted advertisements that they believe will be of most interest to you.

Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on their visit to our site(s) and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

DateRaters does not have access to or control of the cookies that may be placed by the third party advertisers. This privacy statement covers the use of cookies by DateRaters and does not cover the use of cookies by any of its advertisers.

Exceptions
In the case of law enforcement or legal investigation into any of our Members, we will make an exception to the above policy.

Future Changes
Precise phrasing in this policy may need to change in the unforeseeable future. Before any changes are made, Members of DateRaters will be notified via their DateRaters email account, and ample time will be allowed for Members to cancel their membership and remove their personal information permanently from our database.