Tawkify - Terms of Use

Tawkify, Inc. - Terms of Use

Last Updated: March 2016

Welcome and Introduction to Tawkify

Tawkify is owned and operated by Tawkify, Inc. ("we," "us," "our," or "Tawkify"), which includes without limitation our website located at www.tawkify.com (the "Website"). By using the Website, or our applications, tools and any other related services offered by us (collectively with the Website, the "Services") you acknowledge that you have read, understood, accept and agree to be bound by the most recent version of our Terms of Use. The following terms and conditions, including any future modifications to this Terms of Use, and all guidelines are collectively referred to herein as the "Terms of Use."

Use of the Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your content. We encourage you to read our Privacy Policy, carefully, and use it to help make informed decisions.

Tawkify reserves the right, in our sole discretion, to change these Terms of Use at any time. Such changes will become effective upon notification, which we may effect by sending you notice by email and/or posting a revised Terms of Use on the Website, and your use of the Services after such notification constitutes acceptance by you of the changes. You agree to review the Terms of Use periodically to be aware of any such revisions.

If you do not agree to these Terms of Use, please kindly do not use the Website or the Services.

Eligibility

You must be 18 years of age or older to visit, register, or use in any manner the Services. By visiting or using the Website, or accepting the Terms of Use, You represent and warrant to Tawkify that You are 18 years of age or older, and that You have the right, authority, and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use. By requesting to use, registering to use, and/or using the Website, You represent and warrant that You have never been convicted of a felony and are not required to register as a sex offender with any government entity. TAWKIFY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, Tawkify reserves the right to conduct a criminal background check, at any time and using publicly available records, to confirm your compliance with this section. You also represent and warrant to Tawkify that You will use the Services in a manner consistent with any and all applicable laws and regulations.

Illegal and Unauthorized Use

Once you've registered on the Website, the account you create is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Illegal and or unauthorized use of the Website, including but not limited to collecting personal information, usernames, and email addresses of users by electronic or other means for the purpose of sending unsolicited email, unauthorized embedding, unauthorized framing, of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive compensation. Tawkify has the right to investigate and refer you to applicable law enforcement authorities if You have misused the Services, taken any actions in defiance of this Terms of Use or the Privacy Policy, or if You have conducted actions that are fraudulent, abusive, harmful, unlawful or illegal.

Your Account Security

You are responsible for keeping your password for the Website confidential. You are fully responsible for all actions and activities that occur under your username and password. Tawkify will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you exit from your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you agree to immediately notify Tawkify.

Communication and Privacy

As a Tawkify Customer, you will be auto-subscribed to our weekly blog email and our quarterly update newsletter. You may unsubscribe from the blog at any time, but we must be able to communicate news and announcements to you via the quarterly newsletter, as well as by telephone in order to provide you our Services. We may use your email address or phone number to contact you about important changes to the Services or special offers. If you do not want to receive such messages please refer to our Privacy Policy to review your options.

We reserve the right to publish on our website or social media channels non-identifying quotes and remarks from your date feedback or matchmaker reviews. Attribution is limited to first name, age, city and/or membership level unless permission for complete attribution has been provided in advance.

Interactions with Other Users

You are fully and solely responsible for your communications and interactions with other users. You agree and understand that Tawkify is not obligated to review the backgrounds of its users, or to screen users. Unless specifically offered with your package, Tawkify makes no guarantees, warranties, or representations as to the actions or conduct of its users. Unless specifically offered with your package, Tawkify makes no guarantees as to number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future users. In absolutely no event shall Tawkify be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and users of the Services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other users of the Services; this is especially important if You decide to meet in person. In absolutely no event shall Tawkify be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, accidental arising out of or relating to conduct of you or anyone else in connection with the Services.

You are solely responsible for your communications and interactions with other users. We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other users of the Services.

The Rules

The following is a list of rules that govern your conduct in connection with your use of the Services. You agree to abide by these rules, which include, but are not limited to:

Any content, words, photographs, messages, or other information (collectively, "Content") provided to us through the Website shall remain your sole and exclusive property, and you shall be solely responsible for your Content and the consequences of providing it.
You agree that You will not pretend to be any person or entity other than yourself.
You agree to keep all personal login information, like passwords, private and confidential, and you agree not to give such information to anyone.
You agree that you will not imply or state that any statements you make are endorsed by Tawkify without our prior written consent.
You agree that you will not use the Website to transmit, upload, or distribute any electronic/computer viruses, trojan horses, or anything else that might cause harm to other users of the Services, Tawkify, the online community, or Tawkify systems.
You agree that you will not use the Services to promote, condone, endorse, distribute, publish, or post any material that solicits money, funds, or people.
You agree that you will not use the Services to advertise or solicit for commercial goods or services.
You agree that you will not stalk or harass another user of the Services.
You agree that you will not use a robot, spider, manual/automatic processes or devices to data-mine, data-crawl, scrape, or index the Website in any manner.
You agree that you will not harass, annoy, intimidate or threaten any Tawkify employees or agents engaged in providing the Services to you.
You agree that you will not hack or interfere with the Website, its servers, or any connected networks.
You agree that you will not modify the Website and/or the Services for your own personal or commercial purposes. This includes, but is not limited to, altering, adapting, licensing, sublicensing, or translating the Website and/or the Services. You also agree that you will not aid others in such activities.
You agree that you will not remove or alter, visually or not, any copyrights, trademarks, or proprietary marks and rights owned by us.
You agree that you will not forge, manipulate, or plagiarize messages, communications, headers, or identifiers to make it seem like such Content is from Tawkify or its users when in fact it is not.
You agree that you will not post, publish, display, or transmit in any way proprietary information, copyrighted material, and trademarks that do not belong to you without first obtaining the prior consent of the owner of such rights.
If you must reschedule or cancel a date, we require 48-hour notice to prevent forfeiture of this match from your guaranteed total. Repeated refusal of matches, or poor behavior on a date could lead to immediate termination of your experience without refund.
Clients may end a prepaid experience prior to its expiration. We retain payment for any months used (any partially used are retained in full with pending matches forfeit) and refund any prepaid balance.
We do not accept new clients for less than a 3-month initial engagement, with payment of first 3 months non-refundable as a retainer in all cases. The balance of any package exceeding this duration can be refunded, less this retainer, according to the above refund policy.
Clients may go on hold for up to 3 months at a time, no more than once every 3 months without penalty or forfeiture of unused matches or payment.
Members may cancel at any time, but annual fees are non-transferrable and non-refundable.

Content Provided by You

You are fully and solely responsible for all of the Content that You provide, publish, display, or upload in connection with your use of the Services. You are also fully and solely responsible for any Content that you provide or transmit to other users. You agree that you will not provide any inaccurate, misleading or false information to Tawkify or any other user. If information provided to Tawkify or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Tawkify of such change.

All information you provide to us must be accurate, current and complete. You absolutely will not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material. Also, you absolutely will not provide, publish, display, or transmit any material that infringes or violates another party's rights (not limited to, but including intellectual property rights, rights of privacy, and copyright rights).

Tawkify may review and delete any offending content, messages, photographs or files that in the sole judgment of Tawkify violate this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of yourself or other users. We also reserve the right to terminate the accounts of violators. Tawkify, in our sole discretion, reserve the right to look into, investigate, and take appropriate legal action against anyone who violates this Terms of Use. The following is a list of the kind of Content that is illegal or prohibited in connection with your use of the Services. This Content includes, but is not limited to, the following:

Content that advocates, endorses, condones, or promotes harassment of others, or Content that actively or indirectly harasses others.
Content that is offensive and harmful, including but not limited to, Content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Content that involves the creation of or transmission of spam, unsolicited mail, junk mail, or chain letters.
Content that asks for or solicits passwords or personal identification information for unlawful or commercial purposes from other users.
Content that engages other users in promotional, commercial activities, or sales without Tawkify's prior written consent, including, but not limited to, sweepstakes, contests, pyramid schemes, or advertising.
Content that provides materials or access to materials that exploits people under the age of 18 in an abusive, violent, or sexual manner.
Content that solicits personal information or any information from anyone under the age of 18.
Content that you know is false, inaccurate, misleading, or promotes illegal activities.
Content that is abusive, threatening, obscene, libelous, or defamatory.
Content that is, uses, promotes, or links to an illegal or unauthorized copy of another person's copyrighted work or intellectual property; for example, but not limited to, stolen images, photographs, video, or audio files.
Content that provides instructions on how to conduct illegal activities.

By providing Content to Tawkify, you are granting, and represent and warrant that you have the right to grant Tawkify, an irrevocable, continuing, non-exclusive, fully paid, worldwide license to use, integrate in other works, copy, alter, display, reproduce and market such Content. You agree that use of such Content by Tawkify in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party.

Copyright, Trademarks, and Other Proprietary Information

You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information in association with Tawkify and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:

A physical or electronic signature of the individual or entity who owns the copyright;
A description of and url link to the copyrighted work that you believe has been infringed upon;
Your postal mailing address;
Your telephone number;
Your e-mail address; and
A written statement by you that you believe, in good faith, that the usage of the work is not authorized or consented upon by the rightful copyright owner.

A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.

Send claims to:

Tawkify, Inc. Copyright Agent
370 7th St. Unit 10
San Francisco, CA 94103
Kenneth@tawkify.com

Our Proprietary Rights

Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of Tawkify. We own and retain absolutely all proprietary rights of the Website and its Services. You agree that you cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless, of course, the information is in the public domain or we have given you explicit written permission.

No Guarantees

Tawkify is not responsible for any inaccurate or incorrect Content that is provided or transmitted by our users, or associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are not responsible for any errors or delays in communications between users. We are not responsible for the Content of messages, or in-person communications, between users. We are also not responsible for any unauthorized access to the accounts of our users. Tawkify is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services.

As confident as we are in our match-making abilities, Tawkify does not guarantee that using the Services will result in meeting someone offline or online, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. Tawkify does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.

Limitation of Liability

YOU UNDERSTAND AND AGREE TO USE THE WEBSITE AND ITS RELATED SERVICES AT YOUR OWN RISK. TAWKIFY'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

TAWKIFY PROVIDES PERSONAL MATCH-MAKING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, THROUGH THE SERVICES. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF THE INFORMATION PROVIDED BY ANY USER TO TAWKIFY, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS TERMS OF USE, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS TERMS OF USE, OR ANY SUBSEQUENT MODIFICATIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TAWKIFY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY TAWKIFY AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE TAWKIFY SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER TAWKIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnity

You agree to hold harmless, defend, and indemnify Tawkify, all officers, founders, executive management, subsidiaries, licensors, advertisers, merchants, licensees, directors, owners, partners, agents, affiliates, advisors and employees against and from all, including but limited to, loss, claim, demand, costs, liability, lawsuits, attorney's fees, incurred by such persons or groups in conjunction with any dispute or claim arising out of your breach of this Terms of Use and the Privacy Policy. You agree to cooperate fully as would be required by such a claim. Tawkify has the right, at its own costs, to fully and exclusively defend itself in relation to any claim of indemnification by you.

Links to Third Parties and External Sites

At times, Tawkify may post, publish, display, or transmit links to other websites, information, or other resources on the Internet, including, but not limited to Klout, Twitter and PayPal. You understand and agree that Tawkify is not liable or responsible for any of the Content, information, availability, products, services, or goods on any linked-to external website or linked-to resources that a user might visit or use.

Termination or Modifications

Tawkify reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Services, with or without notice. You are agreeing that Tawkify shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Website or Services. Tawkify reserves the right to modify the Website whenever we choose, at our sole discretion.

Governing Law

This Terms of Use, your rights and obligations, and all actions contemplated by this Terms of Use shall be governed by the laws of the California. As a condition of using Tawkify's services, each user agrees that any and all disputes and causes of action arising out of or connected with Tawkify, shall be resolved through arbitration, with such arbitration to be held in San Francisco, California.

Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Severability

This Terms of Use contains the entire agreement between you and Tawkify regarding the use of the Website and the Services. If any provision of this Terms of Use is held invalid, the remainder of this Terms of Use shall continue in full force and effect.

Miscellaneous

This Terms of Use is not assignable, transferable or sublicensable without the prior written consent of Tawkify. Tawkify may assign this Terms of Use in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Terms of Use.

Headings are for convenience only and have no legal or contractual effect. All notices under this Terms of Use shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.