TERMS AND CONDITIONS
PART I: TERMS AND CONDITIONS
Welcome to KARMA DATING! This site is owned and managed by Karma Tech, LLC. We are an online dating and compatibility site which uses horoscopes, birth charts, and astrological profiling to help you find desirable new contacts. Our members tend to be open minded and reflective of a wide variety of backgrounds and interests. On the Karma Dating site, you can email, chat, IM and get to know your new friends. This is the new age of dating, and we are implementing some ancient but time-proven astrological principles to fine-tune and draw together kindred souls, so don’t be left behind. We offer you the chance to find new friends, love, romance, exciting chat and a lot of fun. Tap into your mystical center and find others who are of a same mind and spirit. Although it is all in fun, and our members enjoy the ride immensely, sometimes the stars and the charts can make some very accurate predictions and evaluations of compatibility. Sometimes, a match is based on incredible, coincidental forces drawing people together. Sign up and for a modest price you can enjoy the exploration for new friends and, well, we never know when that special match may manifest like magic!
This is a dynamic social media site that is based on a modest membership subscription. The monthly, quarterly and other prices are posted on the website. Once you are a paid member you will have the ability to create your own profile and advertise for contacts and/or you may browse and attempt to open communications with people who are of interest in your selected categories. Members can post gifs, short videos, and a still photo or photos. In this and other ways, users participate in a vibrant interchange based on the strength and attraction to each person’s profile and posts. Members will develop their own profiles, which they may select to be public or private, and which they can regulate and design in other ways. You will be able to open your space to all who travel by or to only certain limited persons.
The website will periodically provide promotions using the astrological charts and other resources to draw people into social interactions and to use the tools of ancient sciences to come together. The total scope of available features is contained on the website, and is evolving as we develop more and better ways to allow for social interactions around the use of astrological methods and techniques. Each member will be able to use the site’s resources to select and show publicly or privately to selected friends a unique Horoscope that will chart the person’s days and weeks ahead. This feature allows for comparisons and light-hearted anticipation to see if the predictions will carry weight. These features can only be fully appreciated by visiting and using the site.
1.1 Terms and Conditions Constitute a Legal Agreement
1.2 Generality of Terminology
2.1 Your Affirmative Representations
Additionally, by using Karma Dating, you state and represent that:
• You are not a person who is barred from engaging in online services or activities of this type under the laws of the United States or any other country — meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition in the United States or any other country; and
• You will comply with these Terms and all applicable local, state, national, and all pertinent international laws, rules, and regulations.
3.0 Your Content and Postings
You may create, upload, post, send, receive, and store content on Karma Dating. When you do that, you retain whatever ownership rights in that content you had to begin with. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, post, store, or send through the service. Karma Dating is not liable to anyone for any type of damages possibly created by your content, and you hereby promise to indemnify and hold Karma Dating safe and harmless from any claims of any nature whatsoever, due to your postings or activities of any kind on the Karma Dating site.
3.1 Your License
You agree to download and use any software provided by Karma Dating for the purposes stated, and in accordance with these terms and conditions, and to use it only for the purpose of engaging in appropriate and authorized activities relative to your use of karma-dating.com and subject to all of the terms and conditions herein.
3.2 KARMA DATING HAS NO LEGAL DUTY TO REVIEW OR INSPECT
Karma Dating is not required and does not have a duty to review any uploads, messages, information, or content, such as videos, photos or gifs, posted on the Site by users and assumes no responsibility or liability relating to any such Postings, as stated elsewhere herein.
3.3 KARMA DATING HAS THE RIGHT TO MONITOR AND REMOVE CONTENT AT ITS DISCRETION
Notwithstanding the above, Karma Dating may at its own discretion from time to time monitor the content placed by users, including your content, and may decline to accept and/or may remove any Postings at Karma Dating’s sole and absolute discretion, which will include but not be limited to the content and situations mentioned in Paragraph 9, Rules of Conduct.
To the extent that it may be now or in the future necessary, you also grant to Karma Dating and our business partners or assigns, the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice in all respects that Karma Dating in its discretion determines. This means, among other things, that you will not be entitled to any compensation from Karma Dating or our business partners or assigns, if your name, likeness, voice, or creative works of any kind are conveyed through Karma Dating.
3.5 POSTINGS MUST COMPLY WITH ALL OF THESE TERMS AND CONDITIONS
By sending a posting, you represent and warrant that the posting and your communication thereof conform to the Rules of Conduct (Paragraph 9 below) and other requirements of these terms and conditions. You understand that any harassing behavior in any manner toward other members or users will result in termination of your account in the sole and exclusive discretion of Karma Dating.
5.0 RESPECTING KARMA DATING’S RIGHTS
6.0 RESPECTING COPYRIGHT
Karma Dating honors all copyright laws, including the Digital Millennium Copyright Act. DMCA is the basic federal law that protects copyrighted work from infringement. Under the DMCA, Karma Dating is not responsible for the copyright infringement of its users, as long as Karma Dating acts to take down material that is subject to a copyright and where that right is being violated. Therefore, we are required by federal law to take down all suspected or reported material. You should simply not post anything with a question on copyright, thereby avoiding any problems. We will not knowingly publish material that is violative of others’ rights. And if Karma Dating becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
You may notify Karma Dating on the website contact form, by email, or by written notice, if you know of a copyright infringement. We thus make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please contact us with a notice of infringement as set forth below, and we will take all steps necessary under the DMCA. The work will likely be taken down pending an investigation and determination whether there is in fact a violation.
The notice required may be found at 17 U.S.C. § 512(c)(3). That means the notice must:
• contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• identify the copyrighted work claimed to have been infringed;
• identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
• provide your contact information, including your address, telephone number, and an email address;
• provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7.0 SAFETY AND SECURITY
Safety is vitally important, and Karma Dating vigilantly enforces safety rules and operating guidelines for your protection. We need the member’s help and cooperation in that respect, and in that spirit, you agree to help keep Karma Dating safe and secure at all times as a part of your commitment as a user of the service. You agree to abide by all of the rules of conduct in Paragraph 9.0 of this agreement, and you understand that the Rules in Paragraph 9 are complementary to the safety and security rules appearing below or in other documents or locations, and where any sections contain similar or over-lapping information or instructions, they are to be read together and expansively, so as to give effect to all of the provisions contained collectively therein. By using Karma Dating, you agree that, in addition to honoring all of the restrictions and rules in the Rules of Conduct at Paragraph 9.0, and any related subject matter that may appear elsewhere, that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms;
• You will not use or apply any third-party applications that interact with other users’ content or the Karma Dating service without our written consent;
• You will not use Karma Dating in a way that could change the operating protocol, damage the functioning of the website, disable or impair its operations in any respect.
• You will not use or attempt to use another user’s account, username, or password without their permission, and you will not solicit another user’s login credentials;
• You will not attempt to access prohibited sections of the website to which you do not have authority to access. If at any time Karma Dating introduces a premium section that requires a membership or service fee, you will not attempt to access the pay system without paying the required fee.
• You will not engage in, encourage or promote any activity that violates these Terms.
Remember to use reasonable due care in all of your activities related to the website. This means that you must always determine whether your actions may breach a duty to not harm another member or anyone else. This applies to taking photos, recordings, videos and the like, in any setting or context. Always take into consideration others’ rights to privacy, freedom from harassment, and protection of reputation.
8.0 YOUR ACCOUNT
You are responsible for your account, its activities, and for its compliance with these terms and conditions, including the rules of conduct, safety and security. You are responsible for maintaining the confidentiality of your username, password, and your account, as well as all the activities that occur under your account. You agree to follow the online instructions for creating an account and for selecting a strong password.
9.0 RULES OF CONDUCT FOR USERS AND MEMBERS
The following ‘Rules Of Conduct’ apply to the Karma Dating Website. By using that site as a user or member, or in any other authorized capacity, you agree, acknowledge, accept and warrant that you understand these rules, and you will abide by them in all respects. You warrant and represent that you will not upload, share, transmit, distribute any posting or submission that is or contains, or attempts to accomplish, any of the following, and that you will not take or engage in any of the following actions:
• Illegal, inflammatory, racist, bigoted, terroristic, violent, threatening, menacing, harmful, abusive, harassing, defamatory, vulgar, derogatory, obscene, profane, hateful, or otherwise objectionable material of any kind.
• Any content that encourages the commission of a criminal act or would result in civil liability for tortious conduct, or that violates any applicable local, state, national, or international law.
• Advertisements or solicitations of any kind.
• Messages posted by users or members impersonating others or using fake identities or anything intended to engage in a plot to steal anyone’s identity or use the identity or alleged endorsement of Karma Dating without its consent.
• Messages that offer unauthorized downloads of any illegal, copyrighted or private information.
• Communications that are repetitive, chain letters, multi-level investment scams,
inane, obscene or otherwise considered to be spam.
• Deceptive, misleading, or fraudulent material.
• Attempting to perpetrate or perpetrating an invasion of privacy or the harassment of other members in any way.
• Any harmful words, actions, or gestures reasonably expected to harm someone.
• Activities with the intent to commit child pornography, trafficking drugs, prostitution, stalking, sexual assault, trafficking in obscene or stolen material, theft, or conspiracy to commit any criminal activity;
• Infringing or violating any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission); or (c) any confidentiality obligation;
• Commercial, business-related advertisements to sell any products, services or otherwise (whether or not for profit), or soliciting others (including solicitations for contributions or donations).
• Using or introducing malware, spam or a computer virus of any kind, or other harmful component, or otherwise tampers with, impairs or damages the Karma Dating website or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Karma Dating website.
• Anything that is generally unrelated to the subject matter, impertinent, violative of any specific restrictions on the Website, is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
• Sharing or disclosing information of others without their express consent;
• Using manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” on the Karma Dating website or any related data or information;
• Using bots or other automated methods to access karma-dating.com and to add or download contacts, send or redirect messages;
• Monitoring Karma Dating’s availability, performance or functionality for any competitive purpose;
• Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of Karma Dating’s services.
• Accessing karma-dating.com in any manner that is not through interfaces expressly provided by Karma Dating.
o Overriding any security feature of karma-dating.com or Karma Dating’s services.
• Any other material that is in violation of the letter or spirit of these terms.
We cannot and do not guarantee or otherwise represent that other users are or will be complying with the foregoing Rules of Conduct, safety, security or any other provisions of this agreement. We will make every reasonable effort to close the account of any users who violate the agreement, but we may not be able to prevent prior damage while our investigation proceeds to a conclusion. AS BETWEEN YOU AND KARMA DATING, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE, AND YOU RECOGNIZE AND REPRESENT THAT THIS IS A CONDITION THAT YOU ARE WILLING TO ASSUME IN RETURN FOR THE LICENSE TO USE THE WEBSITE.
10.0 PENALTIES FOR BREACH OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) Send you one or more formal warnings;
(b) Temporarily suspend your access to our website;
(c) Permanently prohibit you from accessing our website;
(d) Block computers using your IP address from accessing our website;
(e) Contact any or all of your internet service providers and request that they block your access to our website;
(f) Commence legal action against you, whether for breach of contract or otherwise, to the extent allowed by law.
(g) suspend or delete your account on our website; and
(h) Take any other action, to the extent allowed by law, to enforce our rights hereunder and for damages or losses sustained, including punitive damages in the case of egregious transgressions, interferences, or trespasses.
11.0 IN-APP PURCHASES AND PAYMENTS
We may from time to time give you links to steer you towards apps that work with Karma Dating. If you purchase any of these apps, you will obtain the usage license and pay the fee at whatever app store you are using (Google Play Store, Apple’s App Store, etc.). All in-app sales are final and non-refundable. Because we do not process payments, we cannot give refunds. Furthermore, we may generally give access to such apps immediately, necessitating that you waive any right to a refund. You may of course take up your grievance with the app store. BY ACCEPTING THESE TERMS, YOU AGREE THAT KARMA DATING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON AND IS NOT RESPONSIBLE FOR THESE TRANSACTIONS OR EVENTS.
If your account is suspended or terminated for any reason, you understand that you will lose the use of the services or apps you purchased. Furthermore, Karma Dating could at some point decide to discontinue certain apps or services, or make changes that render them obsolete. In these events, you will lose for future use the apps or services that you may have purchased. You agree that we will bear no liability for these types of changes and developments, and also for any losses to you by suspension or termination. It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms.
You understand and agree that Karma Dating is not responsible for any financial transactions that you may have with third-party banking or online pay services. We do not get involved in such transactions and we do not process leases or purchases of services, licenses or apps. You agree that Karma Dating has no responsibility for these transactions or for funds that you may claim are lost or disputed.
12.0 DATA CHARGES AND MOBILE PHONES
We may from time to time distribute an app that will be usable with your digital devices and smart phones. You are responsible for any mobile charges that you may incur for using karma-dating.com, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using karma-dating.com.
If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through the website services within 48 hours to prevent us from sending your messages to the wrong place.
12.1 PAYMENTS FOR SERVICES
The member signs up on the website for one of the payment plans. A payment method must be chosen. The monthly fees are listed on the website. Longer-term purchases for several months at a time are available with appropriate discounts. Karma Dating has a no chargeback, no refund policy. That said, we shall use our discretion to review a request for refund and determine each case on an individual basis in our sole and exclusive discretion.
12.2. CHARGEBACKS AND REFUNDS
We have a No Refund, No Chargeback policy. Although partial or total refunds may be paid at Karma Dating’s discretion under very limited circumstances, the rule in most instances is that we do not issue refunds and we prohibit and may penalize your use of chargeback procedures with your payment service. If you have an issue with a charge or payment to us, you hereby agree to contact us first for clarification of the charge before you contact your credit card company to request a dispute or reversal of the charge. Therefore, if you want to use the service, you hereby agree that chargebacks are not to be used under any circumstances. You shall not make any chargebacks and/or deny or reverse any payment made by you regarding a bill owed to Karma Dating, and you shall reimburse Karma Dating for any loss or damage Karma Dating incurs because of any such action by you or your financial institution or representative, and in any event, you promise to pay promptly all your debts to Karma Dating, giving to Karma Dating all rights of collection stated herein.
B. Penalties for Chargebacks
Suspension of Accounts. In the event a chargeback is initiated by you and/or your credit card company (or a similar action is initiated by you or another payment provider accepted by us), you agree and acknowledge that we may immediately suspend access to any or all your Accounts with us and our subsidiaries and affiliates and that you hereby relinquish, waive and disclaim forever any claims that you may have against us regarding such cessation of services.
We may reinstate your account and services at our sole discretion, subject to our receipt of the disputed or late fees. For each cessation of service, there is a $15 reinstatement fee to start the service up again. We reserve the right to require modification of the terms and conditions of any Agreements and to add special restrictions on your account at our sole discretion as a condition of reinstatement of your Services and Account with us.
12.5 AUTO-RENEWAL POLICIES:
1. You will authorize us to renew and get paid automatically. We provide an auto-renewal service to our customers to help assure that their service remains uninterrupted. If you select auto-renewal, we will attempt to renew when it is 5 days or less until the due date. We shall do this by charging and receiving payment from one or more of the payment methods listed in your Account. You acknowledge and promise that you will keep your payment methods up to date with available funds, and that you will notify us immediately of any changes, additions, or deletions from your payment methods. You agree that we may use credit card updating services to keep your payment current, and that we may in our discretion contact you to update this information if the payment method issuer declines an auto-renewal attempt.
2. One default payment method. You must provide one payment method as the default method for auto-renewal. We will attempt to charge your default payment designation on our records for the auto-renewal within 5 days prior to the due date. If the charge fails, you may be notified by email of the failed attempt and we may attempt to use another payment method provided in your account, or we may attempt to contact you for a valid payment method.
3. You have the ultimate responsibility of renewing the services. You acknowledge that, despite your request for auto-renewal, it is your sole responsibility to know your expiration date and to pay the renewal fees prior to that date. You agree that, due to accidental or otherwise normal technical glitches, we are not responsible for failure of the auto-renewal service to pay your renewal fees or to renew the services for you. You agree and hereby waive any potential claims of any nature that may occur through the failure of the auto-renewal system to renew your services in time.
4. Your duty to pay Renewal Fees. As a convenience to you, we may notify you via your email address or from the control panel in your account, when fees for renewal of the service are due. Renewal fees information is available in your account at any time prior to their due date. It is your responsibility to assure that the Renewal fees are paid in advance of the due date to prevent an interruption is services and/or additional fees to restore the services.
5. Services may be terminated upon failure to pay fees. Upon failure to pay renewal fees and/or if they become overdue, your services will expire and be terminated accordingly. You acknowledge and agree that Karma Dating is not responsible for the loss of data or other resources due to suspension or termination of services due to your failure to pay renewal fees by the due date. This provision is effective even if you selected the auto-renewal service.
6. You must cancel auto-renewal prior to the authorization period to assure cessation of charges and continuing services. You agree that it is your responsibility to notify us that you are cancelling the auto-renewal service. You must do this before the 5-day period prior to the expiration date or at any time prior to our use of auto-renewal. Once we engage the auto-renewal service without having received a cancellation from you, then you are not entitled to a refund. Karma Dating may, in its sole and exclusive discretion, deduct a late cancellation fee and penalty consisting of 20% of the total renewal amount, and return the balance to you, if circumstances warrant it.
7. Auto Renewal fees are non-refundable. Renewal Fees collected due to your failure to cancel auto-renewal of the Services prior to the auto-renewal of your services are non-refundable, except to the limited degree that we may issue a discretionary partial refund described in the preceding subparagraph.
13.0 MODIFICATION AND TERMINATION
These Terms and Conditions are effective until terminated by either you or Karma Dating. These terms and conditions, and all related materials and policies pertaining to the karma-dating.com website and the Karma Dating services, are subject to termination and modification, pursuant to the provisions set forth in the following sections.
You can terminate these Terms at any time and for any reason by deleting your account or uninstalling the app from your device, and by simultaneously discontinuing use of the karma-dating.com website.
Karma Dating may also terminate these terms and conditions at any time, for any reason, and without notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. We may also terminate these Terms and Conditions with respect to you (including your access to the Website) and close your account in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms and conditions. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of Users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise harassing or illegal activity may also be grounds for termination of your account, at our sole discretion, as more fully described in the body of these terms and conditions set forth above.
Whether your account is terminated by yourself or by Karma Dating, you agree that you must immediately destroy all materials obtained from the website, all related documentation and all copies and installations thereof, whether made in compliance with these Terms and Conditions or otherwise.
You understand that that the foregoing is generally a normal protocol for most websites that provide a service, and that you will comply with any changes required by the modification, or alternatively, you will cease using the website and take the steps stated above to close your account and destroy all materials.
PART I I: LIMITATIONS OF LIABILITY, DISCLAIMER OF WARRANTIES, AND WAIVERS OF RIGHTS
14.0 ACKNOWLEDGEMENT OF LIABILITY LIMITATIONS AGAINST KARMA DATING
The following paragraphs limit your normal rights to court access in certain matters. Read carefully before you agree to use the Karma Dating website. YOU MAY GIVE UP VALUABLE RIGHTS IN THE FOLLOWING PROVISIONS. DO NOT REGISTER AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE FOLLOWING TERMS.
14.1 RELEASE AND INDEMNIFICATION
YOU HEREBY RELEASE, QUITCLAIM AND FOREVER DISCHARGE KARMA DATING. AND KARMA DATING.COM, ITS AGENTS, EMPLOYEES, OFFICERS, MANAGING MEMBERS, PARTNERS, ADMINISTRATORS, SHAREHOLDERS, EQUITY OWNERS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY, OF AND FROM ALL MANNER OF COMPLAINTS, CHARGES, CLAIMS, DAMAGES, DEMANDS, ACCOUNTS, ACTIONS, SUITS, CAUSES OF ACTION, DEBTS, CONTRACTS, LIABILITIES AND OBLIGATIONS OF ANY NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS YOU MAY HAVE ARISING OUT OF THE USE OF THE KARMA-DATING.COM WEBSITE OR ANY OTHER SERVICES PROVIDED BY KARMA DATING, AND FOR HARM TO YOU BY ANY AND ALL NEGLIGENT, TORTIOUS OR HARMFUL ACTIONS COMMITTED BY OTHER MEMBERS OR THIRD PARTIES, INCLUDING FRAUD, MISREPRESENTATION, IDENTITY THEFT OR THEFT OF YOUR POSTINGS OR ANY OTHER PROPERTY OR RIGHTS YOU MAY HAVE AND YOU AGREE TO INDEMNIFY, SAVE AND HOLD HARMLESS KARMA DATING. FROM SAME.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD KARMA DATING, ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, OWNERS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OR BY OTHER PARTIES OR ENTITIES IN WHICH YOUR RIGHTS ARE INVOLVED DIRECTLY OR INDIRECTLY, IN THE USE OF THE KARMA-DATING.COM WEBSITE OR OTHER SERVICES PROVIDED BY KARMA DATING OR ASSOCIATED COMPANIES. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A BUSINESS OR OTHER ENTITY, THIS INDEMNITY OBLIGATION APPLIES TO THAT BUSINESS OR OTHER ENTITY.
15.0 DISCLAIMERS – NO WARRANTIES
SUBJECT TO APPLICABLE LAW, THE CONTENT CONTAINED ON THE KARMA-DATING.COM WEBSITE OR ANY AFFILIATED OR SUBSIDIARY WEBSITES IS PROVIDED “AS IS” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KARMA DATING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE KARMA DATING ENGAGES IN REASONABLE EFFORTS TO PROVIDE THE HIGHEST QUALITY SERVICES, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR THAT DEFECTS WILL BE CORRECTED; (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH KARMA-DATING.COM WILL BE TIMELY, TRUTHFUL, RELIABLE, OR ACCURATE; OR (D) THAT THE WEBSITE OR COMMUNICATING SERVERS MAKING CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU RECOGNIZE AND AGREE THAT KARMA DATING TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER MEMBER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, TRANSFERS, COMMUNICATES OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH KARMA DATING WILL BE RESPONSIBLE FOR.
16.0 LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, SHALL KARMA DATING BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE KARMA-DATING.COM WEBSITE OR ITS CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OR MEMBER OF THE KARMA-DATING.COM WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR IN THE TOTAL AMOUNT OF FIVE HUNDRED ($500) DOLLARS (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE KARMA-DATING.COM WEBSITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
17.0 WAIVER OF JURY TRIAL AND LIMITATION OF DAMAGES
You and Karma Dating each waive the right to a jury trial and a court hearing or determination. You are each instead electing to have all claims and disputes resolved first by informal means, which be a form of mediation presided over by Karma Dating, through its dispute resolution department. If that does result in a resolution, then by small claims court, and finally the last resort will be by state court litigation. You agree and acknowledge that the amount of damages in any dispute hereunder, whether decided informally between us, or by court litigation, is capped at the lesser of the total amount you paid to Karma Dating in the past 12 months or the sum of five hundred ($500) dollars.
17.2 WAIVER OF CLASS OR CONSOLIDATED ACTIONS.
To the maximum extent allowed by law, you and Karma Dating agree that all claims and disputes within the scope of this contract must be mediated or litigated on an individual basis and not as a class action, and claims of more than one customer or user cannot be litigated jointly or consolidated with those of any other customer or user.
No part of the informal or formal dispute procedures or events are open to the public or the media. All evidence discovered or submitted at any stage is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, each party has the absolute right to submit to a court of law any information, motions, or petitions needed to enforce this agreement and the waivers and disclaimers herein.
17.4 FORUM AND VENUE
To the very limited extent that the parties may be permitted under these terms and conditions to initiate litigation in a court of law, both you and Karma Dating agree that all claims and disputes will be litigated exclusively in the state courts of Delaware. You and Karma Dating each consent to the personal jurisdiction of the designated courts.
NOTE: Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you, depending upon your state’s law.
PART III: GENERAL AND ADMINISTRATIVE PROVISIONS
The following provisions are included in the Terms and Conditions that govern the relationship of the Member and Karma Dating.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
18.1 FINAL TERMS
• These Terms make up the entire agreement between you and Karma Dating, and supersede any prior agreements.
• These Terms do no create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
19.0 CONTACT US
You may contact us online at firstname.lastname@example.org