Terms of Use

TERMS OF USE

Likeit.com TERMS OF USE

Last Updated November 15, 2012.

 Welcome to Likeit.com!

 TheComplete.me, Inc. (“TheComplete.me” or “our” “we”) provides Likeit.com, a  social network designed to help users self-evaluate potential connections through a social activity generated system of social scoring and interest matching (the “Services”) via our websites, located at www.likeit.com and likeitapp.appspot.com (collectively, the “Site”) and as software applications which we make available on certain third party social media or social networking services and for use on mobile devices (collectively the “Application”).

By using the Site, Application and Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms of Use”), whether or not you become a registered user of the Site, Application or Services.  These Terms of Use govern your access to and use of the Site, Application and Services and all Service Content (defined below) and constitute a binding legal agreement between you and TheComplete.me. Please read carefully these Terms of Use and our Privacy Policy, which may be found at http://blog.likeit.com/legal/privacypolicy/ and which is incorporated by reference into these Terms of Use.

Certain areas of the Site and Application (and your access to or use of certain Services or Service Content (defined below)) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Application, Services or Service Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Service Content, as applicable.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE OR APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, APPLICATION AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES OR SERVICE CONTENT.

Key Content-related Terms

“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.
“Connected Person” is an SNS (defined below) account “friend” and/or follower of a Member or Taken-Member whose information appears in a Member or Taken Member’s profile page, subject to the privacy settings and “relationship status” in that person’s SNS account.

“Service Content” means Likeit.com Content and User Content.

“Likeit.com Content” means Content that TheComplete.me makes available through the Site, Application or Services, including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that a Member or Taken Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.


The Basics

Please read all of these Terms of Use carefully. Following are a few basic principles that apply to your use of the Site, Application and Services:

  • You must be 18 years or older to use the Site, Application and Services.
  • You are responsible for your User Content and any interactions you may have with others as a result of your use of the Site, Application and Services. We reserve the right to remove any content at any time in our sole discretion.
  • You may access the Services via certain third party social media or social networking sites (including, but not limited to, Facebook) (each an “SNS”), however, to be able to become a “Member”, among other requirements, your “relationship status” in your SNS account must not be set to “married” or “in a committed relationship” and you must have a threshold number of “friends” and/or “followers” – what we call “Connected Persons” linked to your SNS account. If your relationship status is set to “married”, “engaged”, “in a relationship”, “in a civil union”, “in a domestic partnership” or “in an open relationship” you can only partake of the Services as a “Taken-Member”. Check out the “Eligibility and Registration” section below for further information.
  • The Services are about sharing information with others so, for example, if you connect an SNS to your Likeit.com profile page, specific data from that account will be publicly viewable by others via the Services and you cannot disable the availability of that information unless you unlink that SNS from your Likeit.com account.  Check out the “How it Works: Using the Application and Services” section below and Likeit.com Privacy Policy http://blog.likeit.com/legal/privacy-policy for further information.
  • To participate in the Services as a Member or Taken-Member you must complete your Likeit.com “social profile” – this is a specific part of a Member’s or Taken Member’s profile page.
  • You may not use the Site, Application or Services to abuse, harass, threaten, impersonate or intimidate anyone.
  • If your Likeit.com account is terminated for any reason, you may not create another account without our express prior written permission to do so.

Eligibility and Registration

The Site, Application and Services are intended solely for persons who are 18 or older.  Any access to or use of the Site, Application and Services by anyone under 18 is expressly prohibited.  By accessing or using the Site, Application or Services you represent and warrant that you: (i) are 18 or older; (ii) have never been convicted of a felony; and (iii) are not required to register as a sex offender with any government entity.  The Services are not available outside of the U.S. Any use of the Services is void where prohibited.

TheComplete.me makes access to the Site, Application and Services available without charge. You may access our Services via the Site or Application on the SNSs where we may decide to offer the Services by registering to create an (“Account”) and becoming a Member or Taken Member.  You must also have a threshold number of Connected Persons linked to your SNS account at the time of registration. Such qualifying number is determined by TheComplete.me in its sole discretion, and is subject to change. If you do not meet the threshold number of Connected Persons linked to your SNS account, TheComplete.me reserves the right, in it is sole discretion, to block your registration to use the Site, Application and Services.  In addition to the above eligibility requirements, to register and become a “Member” and use the full version of the Services:

  • You must have an active account with the relevant SNS where we offer the Services.

 

  • If your relationship status is set to “single”, “not specified”, “widowed”, “separated”, “divorced” or “it’s complicated”, you can partake of the Services as a Member or Taken-Member.

 

  • If your relationship status is set to “married”, “engaged”, “in a committed relationship”, “in a civil union”, “in a domestic partnership” or “in an open relationship”, you can only partake of the Services as a Taken-Member.

 

If you are not eligible to become a Member because of your relationship status as noted above, you may register as a “Taken-Member”. As a Taken-Member, your use of the Member communication features of the Services may be restricted only to your SNS friends.

You may register by logging into your SNS account as described herein. When you register via an SNS we will extract the personal information you have provided to the SNS (such as your “real” name, email address and other information you make publicly available via the SNS) from the account you have with the applicable SNS and use that information to create your Account and to populate your social profile.  The specific information that we extract may depend on the privacy settings you have with the SNS.  You hereby consent to our access to and collection of such personal information about you.  During the registration process, you will be required to provide certain information and you will establish a display name and/or username.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, including, but not limited to, your “relationship status”.  TheComplete.me reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.  You agree that you will not disclose your login information to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.  You will immediately notify TheComplete.me of any unauthorized use of your Account.

How it Works: Using the Application and Services

(a)              Profile Pages. All Members and Taken Members create a profile pages. For Members, profile pages include information about themselves, the types of persons they are seeking as a potential, date, friend or connection, their Me Scores (as defined below) and other information the Member may choose to make viewable to other Members and Taken Members– allowing those people to consider reaching out to you as a potential date, new friend or connection! For Taken-Members, profile pages include information about themselves and other information the Taken-Member may choose to make viewable to other Members and Taken-Members.

When your registration is complete and you are a Member or Taken-Member, you can partake of the Services once you complete the social profile portion of your profile page by providing your display name, age, gender, “relationship status”, city and state, a profile photo of yourself and, for Members, the gender you are seeking as a potential date, friend or connection (“Social Profile Data”).  Certain of your Social Profile Data will be automatically added to your social profile from your SNS account per the process stated above under “Eligibility and Registration”.  Members also have the opportunity to answer questions about the types of individuals they are seeking as potential dates, friends or connections.

You can further populate your profile page by authenticating your login credentials with certain online accounts you may have with third party service providers (including SNSs and services such as Flickr and Instagram) (each such account, a “Third Party Account”) and linking those accounts with your Account.  By doing so your social feeds, Connected Persons, photos and the other online services you use can be viewed by other Members and Taken-Members that visit your profile page subject to the privacy settings you set in your Account.

By completing your social profile and populating your profile page, we will also generate a “public profile” for you which will contain a snapshot of your profile page information including your display name, gender, relationship status, Me Score (for Members) and certain information sourced from the Third Party Accounts you have linked to your Account like the number of “friends” and/or followers and photos associated with your linked Third Party Accounts.

(b)        Sharing User Content. By default, please note that Members and Taken-Members who visit your profile page can (i) comment on or add text over (“annotate”) any photos, videos or other User Content made available via your “public profile” and (ii) share certain parts of your public profile (including any of your User Content, whether annotated or not) outside of the Services, for example, via email or posting this information on SNSs or Third Party Accounts through use of our Services. Once this User Content is shared or posted to an SNS or Third Party Account, it may be onwardly or virally distributed and TheComplete.me cannot control such onward or viral distribution. If you don’t want to allow other Members and Taken-Members to comment on or annotate your User Content, or share it as contemplated herein, you may do so via the “Account Settings” section of the Services.

See our Privacy Policy http://blog.likeit.com/legal/privacy-policy for information and notices concerning TheComplete.me’s collection and use of your personal information.

 

(c)              Generating and Using Me Scores.  As a Member with a completed social profile, you can generate a Me Score for display in your profile page, and consider the Me Scores of other Members so you can self-evaluate and spot potential dates, new friends and connections.  To provide Members with a “Me Score” we measure a variety of factors including, but not limited to, their interactions and activities via the Services and Third Party Accounts, frequency of posts and communications on SNSs, third party responses and interactions with such posts and communications, a Member’s network size and the number of Connected Persons linked to a Member’s Account.    

(d)               What’s Interest Matching?  By using the Application and Services, Members are also signing up to use our “Interest Matching” services. Based on your interests, preferences and social media activity streams and our system’s analysis of that data, you may receive suggestions for potential dates, new friends and connections in addition to recommendations for activities, “daily deals” and other goods and services that may be of interest to you or persons with whom you have a verified relationship connection, like your verified significant other.  Interest Matching also acts as filter for you to identify potential dates, new friends and connections based on the information provided in the profile pages of other Members.

(e)              Limitations and Disclaimers.  The Site, Application and Services comprise an online platform which facilitates social discovery and interaction through social networking connections and a social activity generated system of social scoring and interest matching. The Site, Application, Services and Service Content are intended to help Members and Taken-Members leverage and maximize their virtual presence online and to give Members a simple way to get to know the individuals with whom they may choose to interact.    TheComplete.me’s role is solely to facilitate the availability of the Application and Services. We are not responsible for, the truth, accuracy, completeness, appropriateness, quality or legality of anything said or written by Members, Taken-Members or Connected Persons, or any information contained in User Content or made available through the Site, Application or Services (including that which appears in a Member’s or Taken-Member’s profile page). You agree to review our Safety Tips in connection with your use of the Site, Application Services.  THECOMPLETE.ME DOES NOT ENDORSE ANY MEMBERS OR TAKEN-MEMBERS. We do not conduct an independent assessment of the information provided in a member’s Profile page. THE COMPILATION OF INFORMATION IN A Member’s profile page (including a member’s “ME SCORE” TOTAL) is dependent on the accuracy of the profile information provided by the Member and the activities engaged in by the Member. TheComplete.me does not attempt to verify, guarantee or make any representations regarding any MEMBER’S OR TAKEN-MEMBER’S purported identity nor does it inquire into the backgrounds of MEMBERS OR TAKEN-MEMBERS or currently conduct criminal background checks on its MEMBERS OR TAKEN-MEMBERS.  TheComplete.me reserves the right to conduct any criminal background checks or other screenings at any time and using available public records.  You are responsible for determining the identity and suitability of others with whom you may choose to you interact as a result of your use of the Site, Application and Services.

TheComplete.me will not be responsible for any damage or harm resulting from your interactions with OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR WITH OTHER PERSONS WITH WHOM YOU INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES (INCLUDING, WITHOUT LIMITATION, MEMBERS, TAKEN-MEMBERS AND CONNECTED PERSONS).  By using the SITE, APPLICATION or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other USERS OF THE SITE, APPLICATION AND SERVICES or the applicable third parties will be limited to a claim against the particular USER OF THE SITE, APPLICATION AND SERVICES or the applicable third parties who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from TheComplete.me.

User Conduct: General Prohibitions

In connection with your use of the Site, Application and Services you may not:

  • Provide a false “relationship status” via the Services, or impersonate any person or entity, or falsify or otherwise misrepresent yourself or affiliation with any person or entity;
  • “Stalk”, abuse, harass, or threaten any person;
  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • Post, upload, publish, submit or transmit any information concerning any other person or entity, including without limitation, photographs of others without their permission (or in the case of a minor the minor’s legal guardian), including, without limitation, through circumvention of a person’s the privacy settings in his or her SNS account;
  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) collects or solicits information about anyone under 18; (iv) is fraudulent, false, misleading or deceptive; (v)  is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, Application or Services, or any individual element within the Site, Application or Services, TheComplete.me’s name, any TheComplete.me trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TheComplete.me’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, Application or Services, TheComplete.me’s computer systems, or the technical delivery systems of TheComplete.me’s providers;
  • Attempt to probe, scan, or test the vulnerability of any TheComplete.me system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TheComplete.me or any of TheComplete.me’s providers or any other third party (including another user) to protect the Site, Application, Services or Service Content;
  • Attempt to access or search the Site, Application, Services or Service Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TheComplete.me or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a TheComplete.me trademark, logo URL or product name without TheComplete.me’s express written consent;
  • Use the Site, Application, Services or Service Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, Services or Service Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Service Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Application or Services; or
  • Encourage or enable any other individual to do any of the foregoing.

 

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that TheComplete.me has no obligation to monitor your access to or use of the Site, Application, Services or Service Content or to review or edit any Service Content, but has the right to do so for the purpose of operating the Site, Application and Services to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  TheComplete.me reserves the right, at any time and without prior notice, to remove or disable access to any Service Content for any reason, including any Service Content that TheComplete.me, at its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site, Application or Services.

Likeit.com Referral Program

 As a Member, by referring your friends to register and join the Services, you may participate in our “Referral Program”.  If you choose to participate in the Referral Program, for every three (3) friends you refer to the Services for which a Qualifying Referral (defined below) is completed, you may be able to increase the frequency at which your profile information will show up in the search results via the Services’ search functionality (each a “Search Boost”). The Search Boost and the length of time it may last per each Qualified Referral are determined by TheComplete.me in its sole discretion. Any related calculations are solely based on TheComplete.me’s proprietary measurement system and the records maintained by TheComplete.me and no other source.

In order to receive a Search Boost, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Account and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook, by copying and pasting the unique referral link generated via the Services, or by sending the unique referral link generated via the Services in an email via the Services to your friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create an Account and become a Member; and (iv) after becoming a Member, the friend must complete his or her social profile. Search Boosts, if any, will occur in a commercially reasonable amount of time after the Qualifying Referral has been completed and in all cases are subject to TheComplete.me’s internal systems and no other source. Notwithstanding any other terms of these Terms of Service, TheComplete.me may terminate, suspend or discontinue the Referral Program at any time for any reason, in its sole discretion, without or without notice to you.

Licenses Granted by TheComplete.me to Likeit.com Content and User Content

Subject to your compliance with the terms and conditions of these Terms of Use, TheComplete.me authorizes you to download, view and print any Likeit.com Content, solely for your personal and non-commercial purposes, and to use, view, copy, adapt, modify, annotate, prepare derivative works based upon, distribute, publicly display and publicly perform any User Content solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.  You have no right to sublicense the license rights granted in this section, however you do have the right to share some User Content as contemplated in the Section titled “Sharing User Content,” such that the User Content may be onwardly or virally distributed.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application, Services or Service Content, except as expressly permitted in these Terms of Use.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TheComplete.me or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

License granted by Members and Taken-Members

We may, in our sole discretion, permit Members and Taken-Members to post, upload, publish, submit or transmit User Content.  By making available any User Content on or through the Site, Application or Services you hereby grant to TheComplete.me a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works based upon and otherwise exploit such User Content in any form, medium or technology now known or later developed, in whole or in part, to provide the Application and Services to you and in connection with TheComplete.me’s business including, but not limited to, through any media channels. For example, your profile photo or other content part of your profile page may appear on the Site, Application or Services.  TheComplete.me does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Application or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application or Services or you have all rights, licenses, consents and releases that are necessary to grant to TheComplete.me and to the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or TheComplete.me’s use of the User Content (or any portion thereof) on, through or by means of the Site, Application or  Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Content from Third Party Accounts

As stated above, as part of the functionality of the Site, Application and Service, you may link your Account with a Third Party Account by either: (i) providing your Third Party Account login information to TheComplete.me through the Site, Application or Services; or (ii) allowing TheComplete.me to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.  You represent that you are entitled to disclose your Third Party Account login information to TheComplete.me and/or grant TheComplete.me access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating TheComplete.me to pay any fees or making TheComplete.me subject to any usage limitations imposed by such third party service providers.

By granting TheComplete.me access to any Third Party Accounts, you understand that TheComplete.me will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“Third Party Account Content”) so that it is available on and through the Application and Services via your Account, including in your profile page.  Unless otherwise specified in these Terms of Use, all Third Party Account Content, if any, will be considered to be User Content for all purposes of these Terms of Use.  Please note that if a Third Party Account or the associated service becomes unavailable or TheComplete.me’s access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available on and through the Application and Services.  You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by updating your Account settings via the Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.  TheComplete.me makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and TheComplete.me is not responsible for any Third Party Account Content.

Ownership

The Site, Application Services and Service Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You acknowledge and agree that the Site, Application, Services and Service Content, including all associated intellectual property rights, are the exclusive property of TheComplete.me and its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Service Content.

Copyright and IP Policy

TheComplete.me respects copyright law and expects its users to do the same.  It is TheComplete.me’s policy to terminate in appropriate circumstances, Members, Taken-Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see TheComplete.me’s Copyright and IP Policy at http://blog.likeit.com/copyright, for further information.

 Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application or Services (“Feedback”).  You may submit Feedback by emailing us at customercare@likeit.com or through the “Help” section of the Site and Application.  You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Modification

TheComplete.me reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Application or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use we will post the modification on the Site or Application or via the Services or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of these Terms of Use.  By continuing to access or use the Site, Application or Services after we have posted a modification on the Site, Application or via the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Termination and Account Cancellation

If you breach any of these Terms of Use, TheComplete.me will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you.  TheComplete.me reserves the right to revoke your access to and use of the Site, Application, Services and Service Content at any time, with or without cause. In the event TheComplete.me terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder.  If you want us to delete your PII and your Account, please contact us at legal@likeit.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our legitimate business needs or as otherwise required by law.

Disclaimers

IF YOU CHOOSE TO USE THE SITE AND SERVICES YOU DO SO AT YOUR SOLE RISK.  THE SITE, APPLICATION, SERVICES AND SERVICE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, THECOMPLETE.ME EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THECOMPLETE.ME MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SERVICE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY MEMBER’S OR TAKEN-MEMBER’S PROFILE PAGE OR ANY “ME SCORES”, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  THECOMPLETE.ME MAKES NO WARRANTY REGARDING THE QUALITY OF ANY MEMBER’S OR TAKEN-MEMBER’S PROFILE INFORMATION (INCLUDING ANY “ME SCORE” TOTAL) OR THE SERVICES OR SERVICE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THECOMPLETE.ME OR THROUGH THE SITE, APPLICATION, SERVICES OR SERVICE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES.  THECOMPLETE.ME MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, MEMBERS, TAKEN-MEMBERS and CONNECTED PERSONS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold TheComplete.me, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Services or Service Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND SERVICE CONTENT, AND YOUR CREATION OF A PROFILE PAGE (INCLUDING YOUR ME SCORE) OR ACCESS TO ANOTHER MEMBER’S ME SCORE VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU.  NEITHER TheComplete.me NOR ANY OTHER party involved in creating, producing, or delivering the Site, APPLICATION, Services OR Service CONTENT will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS OF USE, from the use OF or inability to use the SITE, APPLICATION, ServiceS OR SERVICE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, OR FROM the availability of your PROFILE PAGE (including any information therein) OR ACCESS TO ME SCORES VIA THE SITE, APPLICATION AND SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not TheComplete.me has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.

In no event will TheComplete.me’s aggregate liability arising out of or in connection with THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SERVICE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THECOMPLETE.ME AND YOU.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Links

The Site, Application or Services may contain links to third-party websites or resources.  You acknowledge and agree that TheComplete.me is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by TheComplete.me of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

Sweepstakes and Contests

 We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site, Application or Services.  You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site, Application or Services, as they may contain additional important information about TheComplete.me’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions.  To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of TheComplete.me used herein are trademarks or registered trademarks of TheComplete.me.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between TheComplete.me and you regarding the Site, Application, Services and Service Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between TheComplete.me and you regarding the Site, Application, Services and Service Content.

Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without TheComplete.me’s prior written consent.  Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect.  TheComplete.me may assign or transfer these Terms of Use, at its sole discretion, without restriction.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice; Consent to Electronic Notice

You consent to the use of:  (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use and your use of the Site, Application and Services. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: by TheComplete.me (i) via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the Application.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution
You and TheComplete.me agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Application or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and 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 a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.  You acknowledge and agree that you and TheComplete.me are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and TheComplete.me otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.

 Arbitration Rules and Governing Law.  The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section.  (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.)  The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.  (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents atwww.adr.org/si.asp?id=3485.)  The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure.  Unless you and TheComplete.me otherwise agree, the arbitration will be conducted in the county where you reside.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TheComplete.me submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules.  The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  TheComplete.me will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  However, if your claim for damages does not exceed $75,000, TheComplete.me will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes.  Notwithstanding the provisions of the “Modification” section above, if TheComplete.me changes this “Dispute Resolution” section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice (including by email to legal@likeit.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of TheComplete.me’s email to you notifying you of such change.  By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TheComplete.me in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

General

The failure of TheComplete.me to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TheComplete.me.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Us

If you have any questions about these Terms of Use, please contact us at customercare@likeit.com.

 

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