Terms and Conditions of Service
Last Modified: [March 8th, 2022]
The Cupids services consist of the following, without limitation: a service for single people seeking romantic relationships and any additional services currently offered or which will be offered in the future by or on behalf of ] Cupids,Cupidsmay offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Cupids also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Cupids in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. You agree to check this webpage regularly and that your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such changes as of the date that they are made.
- Minimum Age. You must be at least 18 years old to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old.
- Marital Status. By registering to use or using the Singles Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Singles Service.
- Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. Cupids DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, Cupids reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE AND CONSENT TO ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
- Meeting Matching System Criteria. The Singles Service requires your completion of the Compatibility Quiz to find highly compatible matches for you. Cupidswill not be able to provide matches to users who have not completed the Compatibility Quiz.
- Use of the Services
As a user of any of the Services (a "Registered User"), you agree to the following:
- Basic Membership. It is free to register for the Singles Service, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to answer a Compatibility Quiz. The results of the Compatibility Quiz as well as comprehensive statistical comparative data are used by Cupidsto automatically create your individual personality profile. Your personality profile will then be integrated into the Cupids database. Once in our database, your personality profile is automatically matched up to the profiles of other Cupids members, which enables Cupids to determine your compatibility with those members. Using this information, Cupidsmaysend you partner recommendations (“matches”), which will appear in your online profile and be sent via email. This information will be provided to you as a condensed profile of the other compatible members, each containing a short description of a match, your compatibility score, along with your match's primary profile photo. Please note that, as a Basic member, you will only be able to view blurred versions of your matches' profile photos. However, you may be able to see an unblurred version of your matches' primary profile photos in some instances, at our discretion. As a Basic member, you will then be able to send as many predefined communications (for example, a smile, etc.) to other members as you want; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. As a Basic member, you will not receive a free copy of your personality profile, but you may purchase a PDF copy of the personality profile at the price listed on the Service at the time of purchase.
- Premium Membership. The Singles Service includes a membership option that offers features not available under a Basic Membership, for which you will need to purchase a subscription (“Premium Membership”). If you purchase a Premium Membership, you will regularly receive updated matches from Cupids in your online profile and via email. These matches will be continuously updated to include new members who have been added to our database since you became a Premium member. As a Premium member, you will be able to see unblurred match photos (primary and any additional photos), contact and initiate communication with matches (including video chat), conduct searches for matches based on specific criteria (e.g., distance) and respond to matches’ communications without restriction (including video chat). Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. Cupids will also provide each Premium member his or her personality profiles as a PDF file by email.
- Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. Cupids currently offers 3, 6, and 12 Premium Memberships which automatically renew for consecutive12 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless cancelled at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number.) You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of any payment mechanism or account connected to your Cupids subscription, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the billing account or credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable)), our payment processor will automatically reschedule the billing date until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem, and may suspend or terminate your subscription. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and to update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject and which may vary from time to time.
- Access to Services and subscription using Non-Cupids Services. You may download a Cupids Application and purchase a Premium Membership using your Apple ID or Google account (each, a “Non-Cupids Service”) and use the Application on your iPhone or Android mobile device. Any subscriptions purchased through a Non-CupidsService will be charged by the Non-CupidsService and will be subject to the terms of your selected Premium Membership and the applicable terms of service of the Non-CupidsService. Premium Memberships purchased through the Non-CupidsServices are subject to the payment terms agreed upon by you upon subscription. To cancel auto-renewal or terminate a Premium Membership purchased through a Non-CupidsService, you must access your Non-CupidsService account and follow the prompts and instructions for cancellation on the applicable service or contact the applicable service directly. You have the right to cancel your subscription and obtain a refund within three days of purchase of your subscription, on the terms of Section 12 (below). If you are eligible for a refund for a payment processed by a Non-CupidsService, such refund will be processed by Apple or Google, depending on the service usedyou may cancel the subscription by contacting Cupids Additional information on cancellation is provided in Section 12 of this Agreement.
- Exclusive Use. Your account 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, except if previously agreed to by us. You acknowledge that Cupidsis not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Services are intended for use in the United States and you agree that you are resident in the United States. Cupidsreserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, and national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in Cupids Safety Tips, which is available at the bottom of all pages of the Singles Service.
- No Guarantees. Cupidsmay not be able to provide matches for everyone seeking to use its services. Further, Cupidsmakes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that Cupidsmakes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
- Reporting of Violations. You will promptly report to Cupidsany violation of these Terms and Conditions of Service t by others, including but not limited to, Registered Users.
- Content Removal. Cupidsreserves the right, but has no obligation, to monitor the information or material you submit to the Services or post on the Services. Cupidswill have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third party, or which is otherwise objectionable (to be determined in Cupids’ sole and absolute discretion), up to and including account removal. Cupidsfurther reserves the right to remove matches previously delivered to you, in its sole and absolutediscretion, in order to assure that you have a quality experience on the Services.
- Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
- is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
- infringes the intellectual property right of Cupids or any third party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
- contains video, audio photographs, or images of another person;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violates someone's privacy, harms or harasses another person, steals someone else’s identity, creates or disseminates computer viruses, or circumvents copy-protect devices;
- is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
- contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a financial promotion, political platform, religion, cult, or sect;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information.You will not provide inaccurate, misleading or false information to Cupids or to any other user. If information provided to Cupids or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Cupids of such change or update that information so that your user profile is correct.
- No Advertising or Commercial Solicitation.You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Cupids.
- Unique and Bona Fide Profile.As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Cupids may create test profiles in order to monitor the operation of the Services.
- No Harassment of Cupids Employees or Agents.You will not harass, annoy, intimidate or threaten any Cupids employees or agents engaged in providing any portion of the Services to you.
- Reverse Engineering and Non-Interference.[In addition to any Cupids information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of Cupids and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to Cupids or its affiliates; and (iii) all Service plans of Cupids or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that Cupids takes reasonable measures to protect the confidentiality and secrecy of such information.] You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (i) discover or use any trade secrets of Cupids without Cupids prior written consent; (ii) reverse engineer, decompile or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (iii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
- Linking, crawling and framing.You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by Cupids.
- Proprietary Rights
- Ownership of Proprietary Information. You hereby acknowledge and agree that Cupids is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, "Confidential Information"). Cupids owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
- No Use of Confidential Information.You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent from Cupids.
- Other Users' Information.Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Cupids or third-party proprietary information available via the Services except as otherwise permitted by this Agreement.
- License to Posted or Accessed Content.By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Cupids account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to Cupids and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
- User Information
- No Contact Information.You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Singles Service that will be made available to other Registered Members. You may, at your discretion, exchange such information after you reach the "Text Message" phase with your match
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions of Use.
- Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
- Disclaimer of Warranties
- No Warranties or Conditions.THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. CUPIDS PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUPIDS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
CUPIDS DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS
- Third Party Content.Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Cupids, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CUPIDS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CUPIDS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CUPIDS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features.From time to time, Cupids may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at Cupids sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
- Limitation of Liability
- Limitation of Damages and Aggregate Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CUPIDS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE YOUR OR ANY OTHER PERSON’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CUPIDS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CUPIDS AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO SUCH CLAIM OR, IF YOU HAVE NOT PAID cupids FOR THE USE OF ANY SERVICES, US$25.00(TWENTY-FIVE U.S. DOLLARS).
- No Liability for non-Cupids communications.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CUPIDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification.Cupids may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Cupids will have no liability to you arising from any incorrectly verified information.
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Cupids and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Cupids. Cupids reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cupids in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) NEW YORK CIVIL CODE (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the Cupids Services, or email us by clicking here. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Cupids to our mailing address at 4940 Merrick Road, Number 301, Massapequa Park, NY 11762.
- Communication and Privacy
- Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Cupids may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Cupids reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to Cupids by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: Cupids, Attn: Cancellations, 4940 Merrick Road, Suite 301, Massapequa Park NY 11762 USA. Following any termination of your Singles Service account due to a violation of our Agreement, Cupids reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
- Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your credit card or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
- Cancellation through a Non-Cupids Service with No Refund.To cancel a membership purchased through a Non-Cupids Service, you must access your Non-Cupids Service account and follow the cancellation prompts for each service. The current cancellation process for Apple requires you to access the Settings option on your iPhone, click on iTunes & App Stores, select your Apple ID, View Apple ID and Subscriptions. You can then click on your Cupids subscription and cancel as instructed. To cancel a membership purchased through Google, the current cancellation process requires you to sign into your Google account, select “My subscriptions,” select the subscription you want to cancel, click “Manage,” and then “Cancel Subscription.”
Section 12(c) and 12(d) only apply to subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin.
- 3-Day Cancellation.YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE TO CANCEL THIS TRANSACTION. TO CANCEL THIS TRANSACTION, E-MAIL TO [CupidsHeartinfo@yahoo.com] OR SEND BY CERTIFIED OR REGISTERED UNITED STATES MAIL A NOTICE OF YOUR INTENT TO CANCEL. This mailed notice shall be sent to Cupids, Attn: Cancellations, 4940 Merrick Road, Suite 301, Massapequa Park NY 11762 USA. Please include the email address associated with your Cupids account in such notice. You may receive further information on this process by clicking here. For a Premium Membership, the day that you successfully purchased a subscription will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after Cupids’ receipt of your written cancellation notice.
Please note that Cupids cannot directly process refunds for purchases made through Apple via the iOS application. Please contact Apple regarding cancellation requests for subscriptions purchased through the iOS application.
- Cancellation As a Result of Death or Disability.If by reason of death or disability you are unable to receive the full Premium Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
- If you have prepaid any amount for a Premium Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
- "Disability" means a condition which precludes you from physically using the Premium Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Cupids.
- If the physician determines that the duration of the disability will be less than six (6) months, Cupids may extend the term of the Premium Membership contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
Section 12(e) only applies to subscribers residing in New York.
- . Account Holds and Other New York-specific terms:
Cupids guarantees that one (1) match will be delivered to you as part of a Premium Membership. You will receive all your available matches upon successful registration and completion of the Compatibility Quiz, and Cupids will continue to add additional matches, if any, as they become available during the term of your subscription. If the minimum amount of referrals is not furnished to you for two successive months, you have the option of cancelling this agreement and receiving a full refund of all the money you paid in respect of any period where you received no referrals less a cancellation fee which cannot exceed either fifteen percent of the cash price paid by you..
- You may pause your Premium Membership for up to one (1) year by providing written notice to Cupids Heart at 4940 Merrick Road, Suite 301, Massapequa Park, NY 11762 USA or emailing CupidsHeartinfo@yahoo.com
- The geographic scope of the Services is within the United States. You will be afforded the opportunity to specify the distance you are willing to travel to meet your matches. If you move outside of the United States and you wish to cancel the services, please email [CupidsHeartinfo@yahoo.com] to cancel your contract.
- You can review the New York Dating Services Consumer Bill of Rights here.
NEW YORK DATING SERVICE BILL OF RIGHTS
- No social referral service contract shall require the payment by you, the purchaser, of an amount greater than one thousand dollars. In addition, no such contract may extend over a period of time greater than two years.
- No social referral service contract shall require you, the purchaser, to purchase a good or service which is directly or indirectly related to the social referral service. These extra services are known as ancillary services and, while these ancillary services may be offered to you, the law prohibits the seller from requiring that you purchase this service as a condition of your social referral service contract.
- If your social referral service contract costs more than twenty-five dollars, the seller must furnish a minimum number of referrals per month to you. If this minimum amount is not furnished to you for two successive months, you have the option of cancelling the contract and receiving a full refund of all the money you paid, less a cancellation fee which cannot exceed either fifteen percent of the cash price or a pro rata amount for the number of referrals furnished to you.
- Your social referral service contract must specify the distance which you, the purchaser, are willing to travel to meet any social referral. No social referrals shall be furnished where you and the referral live at a distance greater than the distance specified in the contract.
- The provider must have an established policy to address the situation of your moving outside the area it services. This policy must be explained in your contract.
- If any provision of the social referral service contract is violated, you have the right to bring a court action against the provider which has violated the contract.
- Every contract for social referral service shall specify the distance which the buyer is willing to travel to meet any social referral. No social referral shall be furnished by the seller to the buyer if either the buyer or the social referral reside at a distance further than the distance specified in either the buyer's or social referral's contracts.
- Every social referral service provider must establish and administer a fair and reasonable policy for the situation in which a purchaser moves to permanently reside at a location outside the service area of such provider. This policy must be set forth in every contract for social referral service.
- Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.
- Any person who has been injured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation, an action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.
- In cities having a population over one million, the provisions of this section may be enforced concurrently with the attorney general by the director of a local or municipal consumer affairs office. In cities having a population over one million, such local entities may also require social referral services to be licensed. Such licensing requirements may be promulgated as are reasonably necessary to effectuate licensure, provided, however, that such localities may not impose substantive requirements that are inconsistent with or more restrictive than those set forth in this section. Any fee for such license may not exceed three hundred forty dollars for a two year period.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, CUPIDS AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER "CANCELLATIONS AND ACCOUNT HOLDS" SECTION ABOVE
- Governing Law & Venue
Unless prohibited by local law, this Agreement is governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in New York, NY to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of New York law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
- Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
- Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement") facilitates the prompt and efficient resolution of any Disputes that may arise between you and Cupids. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. Except for New York residents, who have the right to enforce the terms of this Agreement in a court action, this Agreement provides that all Disputes between you and Cupids shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Cupids” means Cupids and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Cupids regarding any aspect of your relationship with Cupids, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND CUPIDS EACH AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR NEW YORK RESIDENTS ONLY, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
- Pre-Arbitration Dispute Resolution: For all Disputes you must first give Cupids an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 4940 Merrick Road, Suite 301, Massapequa Park NY 11762 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Cupids does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
- Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Cupids may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with Cupids, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit
- Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration: You may initiate arbitration in New York, NY, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
- Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Cupids will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Cupids as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Cupids your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
- Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Cupids specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of Cupids and/or user of Cupids services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
- Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Cupids are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Cupids might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
- Severability:If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
- Continuation:This Arbitration Agreement shall survive the termination of your contract with Cupids and your use of Cupids’ Services.
- General Provisions
- Right to Seek Injunction:Violation of this Agreement may cause Cupids irreparable harm, and therefore agree that Cupids will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Cupids may have for a breach of this Agreement.
- Revision Date
This Agreement was last revised on March 8th, 2022.
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