DateHarvardSquare, Inc.
Registration Agreement
These terms
and conditions are a legal agreement between you (“You” or “Your”)
and DateHarvardSquare, Inc., with offices at 210 West 16th Street, Suite 2B,
New York City, NY 10011 (“DHSQ” or “we”, “us” or “our”),
establishing terms and conditions under which You will access and use
the services and features available on DHSQ’s website (each a “Service”
and collectively, “Services”) currently located at www.dateharvardsq.com and any related sub-domains (the “Website”).
We may offer additional services or revise any of the Services, at our
discretion, and this Agreement will apply to all additional services
or revised Services. We also reserve the right to cease offering any
of the Services.
BEFORE YOU CLICK ON THE “Agree to Terms & Conditions” BUTTON OR BOX, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “Agree to Terms & Conditions” BUTTON OR BOX OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT CLICK THE “Agree to Terms & Conditions” BUTTON OR BOX AND YOU WILL NOT BE PERMITTED TO ACCESS AND/OR USE THE SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, AND SUCH TERMS AND CONDITIONS WILL EITHER BE ON THE WEBSITE OR PRESENTED TO YOU FOR YOUR ACCEPTANCE. THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR ANY ADDITIONAL TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE TO COMPLY IN ALL RESPECTS WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY ADDITIONAL TERMS AND CONDITIONS.
(a) Minimum Age. You must be at least 18 years old to register as a member of DHSQ and to use the Services and You hereby represent and warrant that You are at least 18 years old.
(b) Criminal History. By registering to use, and/or using the Services, 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 any where in the world. DHSQ reserves the right to conduct a criminal background check, at any time, and use available public records, to confirm Your compliance with this subsection and You hereby consent to such background check. DHSQ IS NOT RESPONSIBLE OR OBLIGATED TO CONDUCT CRIMINAL BACGKGROUND CHECKS ON ITS MEMBERS AND CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
(c) Harvard Singles. If You wish to join our Service as a “Harvard Single”, then You must use a Harvard email address to sign up for the Website and/or Services and You hereby represent and warrant that You are a student at or a graduate of Harvard University located in Cambridge, Massachusetts.
(d) Interested Singles. If You are not a Harvard Single and meet the requirements of this Agreement, then you may register as an “Interested Single” by completing the registration information on the Website.
(e) Bona Fide Purposes Only. Whether You are a Harvard Single or Interested Single, You represent and warrant that You are subscribing to the Services, and will use the Website and all Services, solely for bona fide relationship seeking purposes only and not for any other purpose.
(f) Subscription Fees. Subscription fees (“Fees”) for specified subscription periods (“Subscription Period”) are set forth on the Website. You may be required to become a paying subscriber to access and use much of the functionality of the Services.
Your right to use the Website and Services is limited in scope, revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times with the terms of this Agreement, any additional terms and conditions, and subject to the limitations set forth herein, DHSQ will provide You with access to the Website and Services for the duration of the Term (as defined below). You are responsible for obtaining any equipment and Internet service necessary to access the Website and Services. You may use the Website and Services for personal noncommercial use only. DHSQ will provide You with a login identifier and a password (“Login Credentials”). You shall be solely responsible for protecting Login Credentials from unauthorized use, and You are solely responsible for all activity that occurs under those Login Credentials. You may not authorize others to use Your Login Credentials, and You may not assign or otherwise transfer Your Login Credentials to any person or entity. You agree to notify us immediately if You believe that any of Your Login Credentials has been or may be used without Your permission so that appropriate action can be taken. We shall not be responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your Login Credentials. You agree to request for only one Login Credentials and to create only one unique profile. In addition, Your use of the Website and/or Services must be for bona fide relationship seeking purposes only and not for any other purpose, including without limitation, advertising, marketing, solicitation, research, reporting, generation of databases, or harassment.
You may not transmit to other users, communicate any content, send any links, or otherwise use the Website and/or the Services to:
(a) post or transmit any information, data, text, images, files, links, software, chat, communication or other content that is, or which DHSQ considers in its sole discretion to be, defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable content;
(b) sell or promote any products or services;
(c) sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;
(d) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or harmful code on the Internet;
(e) use scripts, bots, crawlers or other automated technology to access the Website and/or Services;
(f) spam, spim, phish, troll or similar activity;
(g) display material that exploits children under 18 years of age;
(h) post content that infringes or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;
(i) promote, solicit or participate in multi-level marketing, pyramid schemes or any other scheme to defraud, swindle or deceive other users;
(j) promote, solicit or participate in gambling or similar activity;
(k) harass, embarrass or cause distress or discomfort upon another participant, user, DHSQ employee or representative, or other individual or entity, or publicize any of the information You obtain through the Services;
(l) impersonate any other person, including but not limited to, a customer, supplier, expert, bulletin board leader, guide, host, DHSQ employee or representative;
(m) misrepresent affiliation, connection or association with any person or entity;
(n) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parent's consent in case of a child under 18 years of age);
(o) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;
(p) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with Your use of the Site, in any manner; or
(q) invade the privacy or violate any personal or proprietary right (including, without limitation, intellectual property rights) of any person or entity.
These are some, though not all, of the activities that may result in removal of Your content from the Website and/or the termination of Your access and membership to the Website and/or the Services. You agree to promptly report to DHSQ any violation of this Agreement by others.
(a) You are solely responsible for, and assume all liability regarding (i) the information and content You contribute, post, transmit, publish, or otherwise make available (“post”) through the Website and/or Services, including, without limitation, Your profile information; and (ii) Your interactions with other users through the Website and/or Services.
(b) You will not provide inaccurate, misleading or false information to DHSQ or to any other user. If information provided to DHSQ or another user subsequently becomes inaccurate, misleading or false, You will promptly notify DHSQ of such change and You will update the information in Your profile on our Service.
(c) We reserve the right, but have no obligation, to monitor the information or content You post through the Website and/or Services. We have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
(d) You hereby grant, and represent and warrant that You have the right to grant, to DHSQ and its affiliates a non-exclusive, fully-paid, royalty-free, worldwide license to use, disclose, reproduce and distribute any information or content You post through the Website and/or Services solely for the following purposes (i) to provide Your profile information (which include your name) to other users of DHSQ, (ii) to perform the Services and communicate with you regarding those Services, (iii) to provide direct marketing to you and (iv) to provide aggregated, non-personally identifiable information regarding our client base to third parties, subject in all respects to our Privacy Policy.
(e) We may use information you post on or in connection with the Website or Services in accordance with our Privacy Policy, as available on our Website from time to time. By using the Services or accessing the Website, you are consenting to the terms of our Privacy Policy. Our Privacy Policy, as in effect from time to time, shall be deemed a part of these terms and conditions.
You assume all risk when using the Website and/or 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 Website and/or Services. DHSQ makes no guarantees, either express or implied, regarding the individuals You meet through the Website and/or Services, the accuracy or completeness of the information they provide, the conduct of such individuals or the manner in which such individuals may use or misuse the information You provide.
(a) You will have access to information, text, images, data, links, and other material, created by DHSQ or provided by users or other third party for display on the Website, and viewed on–line, printed by You or delivered off-line by DHSQ (the “Content”). For purposes of this Agreement, “Content” does not include the information or content You post through the Website and/or Services. All Content is the property of DHSQ and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. Subject to the terms and conditions of this Agreement and any additional terms and conditions, DHSQ hereby grants to You a limited, non–transferable, non–exclusive, non–sublicensable, revocable, right and license to access and use the Content as permitted in this Section 6.
(b) You may view, copy, download, and print Content, subject to the following conditions: (i) the Content may be used solely for Your personal purposes. No part of the Website, Services or Content may be reproduced, transmitted or otherwise distributed in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose; and (ii) copyright, trademark, and other proprietary notices may not be removed from any Content or other materials obtained from the Website and/or Services.
(c) You shall not: (i) modify, adapt or create derivative works based on the Website, Services or Content; (ii) create Internet "links" to or from the Website, or "frame" or "mirror" any Content; or (iii) disassemble, reverse engineer, or decompile the Services or Content, or access it in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics.
(d) Except as expressly set forth in this Agreement or other written agreement between You and DHSQ, no license or other right in or to the Website, Services or Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved.
(e) You hereby
grant to DHSQ a royalty-free, worldwide, irrevocable, perpetual license
to use or incorporate any suggestions, ideas, enhancement requests,
feedback, recommendations or other information You provide relating
to the Website, Services and/or Content.
This Website may contain links to non-DHSQ web sites. These links are provided to You as a convenience, and DHSQ is not responsible for the content of any linked web site. Any non-DHSQ web site accessed from this Website is independent from DHSQ, and DHSQ has no control over the content of that web site. In addition, a link to any non-DHSQ web site does not imply that DHSQ endorses or accepts any responsibility for the content or use of such web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by DHSQ of that third party or of any product or service provided by a third party.
(a) This Agreement shall commence on the date You accept these terms and conditions, and shall continue (i) with respect to Your paid subscription as a Harvard Single or Interested Single, if applicable, until the expiration of Your Subscription Period, subject to earlier termination and/or renewal as set forth herein and (ii) with respect to Your unpaid subscription as a Harvard Single or Interested Single, if applicable, for so long as You are a user of the Services, subject to termination as set forth herein (“Term”).
(b) In order to provide continuous service, we reserve the right, but do not have the obligation to, renew all paid subscriptions for Services 24 hours before such subscriptions expire. Such renewals are for the same duration as the original Subscription Period. We always communicate renewal periods to You. By entering into this Agreement, You acknowledge that Your account will be subject to the above-described automatic renewals.
(c) You may terminate this Agreement and Your subscription, where applicable, for any reason or no reason at all, by providing a written notice to DHSQ. In such case, Your subscription will terminate effective ten (10) days from the notice date, provided however, that You do not receive any refunds of any Fees paid to DHSQ, except to the extent otherwise provided on our Website.
(d) We may terminate this Agreement and Your subscription for any breach of these terms and conditions by You, including without limitation, any representations and warranties. Further, we may suspend Your use of our Services at any time in our sole discretion if we have reason to believe You may be in breach of these terms and conditions.
(e) Sections 4(d), 5, 6(c), 6(d), 6(e), 8(e), 9, 10, 11, 12 and 13 shall survive the termination or expiration of this Agreement according to their terms.
(a) The Website, Services and/or Content are provided on an “AS IS” and “AS AVAILABLE” basis. It is Your responsibility to evaluate the accuracy, completeness or usefulness of the Content, and any information or other content available through the Website and/or Services, together with other information available to You. Each of You and us represents and warrants that it has the legal power to enter into this Agreement. EXCEPT AS SET FORTH IN THIS SECTION 9, WE PROVIDE NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WEBSITE AND/OR SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE AND/OR SERVICES.
(b) WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED OR POSTED ON THE WEBSITE AND/OR 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 US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE AND/OR SERVICES, POSTED BY ANY USERS, OR TRANSMITTED TO OR BY ANY USERS.
(a) IN NO EVENT SHALL DHSQ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, SERVICES, CONTENT, OR ANY INFORMATION OR MATERIAL POSTED BY USERS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) IN NO EVENT SHALL DHSQ’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED (I) IF YOU ARE A PAYING SUBSCRIBER, THE AMOUNTS PAID BY YOU TO DHSQ IN THE TWELVE (12) MONTHS PRECEDING ANY CLAIM, OR (II) IF YOU ARE NOT A PAYING SUBSCRIBER, ONE HUNDRED ($100) U.S. DOLLARS. THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
Indemnity. You agree to indemnify, defend and hold harmless DHSQ, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from Your use of the Website, Services, Content, any information and/or content posted by You or using Your Login Credentials through the Website and/or Services, Your violation of this Agreement, and Your infringement, or infringement by any other user of Your accounts, of any intellectual property or other right of any person or entity.
You will only use the Website and Services in a manner consistent with
this Agreement and any and all applicable local, state, national and
international laws and regulations, including, but not limited to, United
States export control laws. You are not located in, under the control
of, or a national or resident of any country which the United States
has (i) embargoed goods, (ii) identified as a “Specially Designated
National”, or (iii) placed on the Commerce Department’s Table of
Deny Orders. Registration for, and use of, the Website and/or Services
are void where prohibited. To the extent that the Services are not legal
in Your jurisdiction, You may not use the Services. The Website and/or
Services may not be used where prohibited by law.
This Agreement
shall be governed by the laws of the Commonwealth of Massachusetts without
regard to its principles of conflicts of law where such principles would
permit the application of the law of any other jurisdiction. Each Party
expressly consents to the jurisdiction of the state and federal courts
located in the Commonwealth of Massachusetts to resolve any dispute
arising from this Agreement, and waives any defense of inconvenient
or improper forum. You and DHSQ acknowledge and agree that this Agreement
relates solely to the performance of services (not the sale of goods)
and, accordingly, will not be governed by the Uniform Commercial Code
of any state having jurisdiction and shall not be governed by the United
Nations Convention on the International Sale of Goods. This Agreement
does not create a partnership, franchise, joint venture, agency, fiduciary
or employment relationship between the parties. Neither party
is authorized to assume or create any obligation or responsibility on
behalf of, or in the name of, the other or to bind the other in any
manner. You may not assign or transfer this Agreement or Your
rights and obligations hereunder without DHSQ’s prior written consent.
DHSQ may freely assign this Agreement and its rights and obligations
hereunder. DHSQ retains ownership of all intellectual property
rights to its Content, technology, software, documentation and tools
used in connection with the Website, Services and/or Content.
Notices delivered under this Agreement must be given in writing and
will be effective when received. This Agreement, together with
the Privacy Policy and any additional terms and conditions and any written
agreement between You and DHSQ, contains the entire understanding of
the parties with respect to the transactions and matters contemplated
hereby, supersedes all previous communications, understandings and agreements
(whether oral or written), and cannot be amended except by a writing
signed by both parties or by notice to You by DHSQ via e-mail or to
Your account on the Services. The headings and captions used in
this Agreement are used for convenience only and are not to be considered
in construing or interpreting this Agreement. If any part of this
Agreement is held to be unlawful, void, or unenforceable, that part
will be deemed severable and shall not affect the validity and enforceability
of the remaining provisions.
If You believe that Your copyrighted
work has been copied in a way that constitutes copyright infringement
and is accessible on this Website, please notify DHSQ’s copyright
agent, as set forth in the Digital Millennium Copyright Act of 1998
(DMCA). For Your complaint to be valid under the DMCA, You must provide
the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that You claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit DHSQ to contact You, such as Your address, telephone number, and e-mail address;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under
penalty of perjury, that the above information is accurate, and that
You are the copyright owner or are authorized to act on behalf of the
owner.
The above information must
be submitted to the following DMCA Agent:
Copyright Agent
DateHarvardSquare, Inc.
210 West 16th Street, Suite 2B
New York City, NY 10011
United States of America