Last Updated: April 15, 2011
Welcome to New York Magazine's service for single adults to meet each other online (the "Services," including the website for the Services, the "Site"), operated by HowAboutWe.com/This Life, Inc. New York Magazine does not operate nymag.howaboutwe.com, the Site or the Services and takes no responsibility for same, including but not limited to their content and operation.
The Services are currently under intense development and different features will be rolled out over the coming months. Some parts of these Terms refer to functionality that have not yet been implemented or deployed. Once such functions are available for use, by continuing to use the Services you agree that those parts of these Terms shall go into effect.
Adult Users Only . The Services are not intended for individuals under 18 years of age. If you are under 18, you are strictly prohibited from using the Services, and you may not access any features that allow you to provide information to us or communicate and share information with other users. Accordingly, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter agree to and abide by these Terms.
No Criminal History . By accessing 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. We do not currently conduct criminal background searches on Members. However, we reserve the right to conduct a criminal background check, at any time and using available public records, to confirm compliance with these Terms.
Void Where Prohibited. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Services is not permitted where such use is prohibited.
Use of the Services .
Personal Safety . Your security and safety are paramount to us. The Services naturally promote sharing of personal information among Members and non-Members. You should be aware that some of your profile information as a Member shall be public, could be indexed by Internet search engines and may be used for any purpose. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, or with any other users, including Members. We do not and cannot assure that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us at email@example.com, so that we may take appropriate action to block further use of the Services by any individuals who may have accessed them for improper purposes.
Unique and Accurate Profile Information .
You agree that, as a Member, you will create and use only one unique profile.
You agree that you will be truthful, accurate and complete in the information presented in your Member profile.
You agree that you will maintain any photos posted to your Member profile to within two (2) years of the date taken.
Use of Information Provided by Other Users .
You agree to use any information (personal or otherwise) provided to you by Members, or otherwise through the Services, in a lawful and responsible manner. You agree that you will not use information about Members for any reason without the express prior consent of the Member that has provided such information to you.
You further agree not to engage in advertising to, or solicitation of, other Members, including but not limited to: solicitation or advertising through the Services; solicitation to attend parties or other social functions for commercial purposes; solicitation to network for commercial purposes; and transmission of chain letters or junk messages and email.
Code of Conduct . By accessing the Services, you agree to the following code of conduct:
You will not publish, display or use (hereinafter "post") any defamatory, abusive, obscene, profane, threatening, harassing, sexually oriented, racially offensive, discriminatory or otherwise offensive or illegal material.
You will treat all fellow Members with dignity and respect.
You will notify us promptly of any Member's violation of these Terms.
You will not include in your Member profile any telephone numbers, street addresses, last names, URLs, email addresses or other contact information; if you do so, it is at your own risk and we assume no responsibility for use of such information.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any Member or other individual accessing the Services.
You will not express or imply that any statements you make are endorsed by us without specific prior written consent.
You will not use manual or automatic processes to retrieve, index, datamine, or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents. This prohibition does not include standard indexing by Internet search engines, which hereby is explicitly permitted.
You will not remove any copyright, trademark or other proprietary rights notices displayed through the Services.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not interfere with or disrupt the Services or the servers or networks connected to the Services.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services.
You will not "frame" or "mirror" any part of the Services without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to the Services in order to direct any person to any other website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services, or cause or assist others to do so.
Location-Based Services . We may offer features that are based on the location of Members and which may report on those Members' current locations (the " Location-Based Services"). Use of Location-Based Services is solely at your discretion. Should you use Location-Based Services, you consent to collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or for any damages therefrom, arising out of your informed decision to disseminate your location information together with your profile information through the Services.
Commercial Use . The Services are generally for the use of individual Members only. However, from time to time, we may approve commercial use of the Services through corporate partnerships and agreements. Unless specifically authorized for commercial use by us under such an arrangement, organizations, companies, and/or businesses may not become Members and should not use the Services for any purpose. Illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, are prohibited.
Compliance with Applicable Laws . Your use of the Services, including but not limited to any content you post, must be and shall be in accordance with any and all laws and regulations that apply to you and your use of the Services.
Disclaimers of Responsibility for User Actions .
You are solely responsible for your interactions and arrangements with other individuals. You understand that we do not, in any way, screen individuals, including Members, nor do we inquire into the backgrounds of Members or attempt to verify their statements. We make no representations or warranties as to (i) the conduct of Members, (ii) Members' compatibility with current or future Members, (iii) any information concerning any venues, dates (proposed, accepted, or otherwise), schedules or events suggested by Members or otherwise through the Services. We do not verify or check any arrangements, including proposed dates or schedules, on behalf of Members, and we therefore make no guarantees about such dates or schedules. In no event shall we be liable for any damages whatsoever, whether 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 Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Members or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with other Members or any other individual you come into contact with through the Services, particularly if you decide to meet such Members or individuals in person. In addition, you agree to review our Dating Safety Tips. You understand and agree that we make no guarantees, express or implied, regarding the provenance of, or your compatibility with, individuals you meet through the Services. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
No Reliance on Content . Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any Members.
Reservation of Rights .
Right to Terminate or Deny Service . You understand that we, at our sole discretion, at any time, for any reason or no reason whatsoever, can deny or block any user from the Services and terminate any user's account if he/she is a Member.
Right to Request Information . You understand that we have the right to request complete, accurate and current information confirming eligibility for subscription and/or membership and you agree to provide that information in response to such a request.
Rights to Disclose .
Disclosure by Law . You acknowledge and agree that we have the right to disclose information you provide if required to do so by law at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, request or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including a user or Member) is threatened.
Right to Review Content; No Duty to Monitor . You acknowledge and agree that we have no duty whatsoever to prescreen, control, monitor or edit the content posted by Members and we are not liable for content that is provided by others. However, you understand and agree that we may, but are not required to, review, edit and delete any content, email, messages, photos, dates or profiles that, in our sole judgment and discretion: (i) violate these Terms; (ii) may be offensive, disturbing, unsafe, or illegal; or (iii) may violate any rights of other Members or third parties.
Right to Change Services . You acknowledge and agree that we may from time to time modify, change, suspend or discontinue, temporarily or permanently, in whole or in part, any aspect or feature of the Services without notice to you, including changes to usage and to access procedures. You acknowledge and agree that we shall not be liable to you or any third party for any such modification, change, suspension or discontinuance.
Account Security .
User Obligations .
You understand and agree that you are responsible for maintaining the confidentiality and security of the username and password that you designate during the process of becoming a Member, and you are fully responsible for anything that occurs under your username and password.
You agree to (1) immediately notify us of any unauthorized use of your username or password or any other breach of security and (2) ensure that you exit from your account at the end of each session. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use extra care when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
Our Obligations . We use industry-standard techniques to safeguard your account information. However, perfect security is not possible on the Internet, and therefore we cannot and do not guarantee that information provided to us will not become public under any circumstances. This is particularly true for any information you provide on public areas of the website, including public profile information, with is fully public, may be indexed by Internet search engines and may be used for any purpose.
Proprietary Rights; Use License .
Ownership . We and our licensors own and retain all proprietary rights in the Services. The Services may contain the copyrighted material, trademarks, and other proprietary information of us and our licensors (the "Site Content"). Except for Site Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Site Content.
Use License . Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Site Content, for the sole and limited purpose of facilitating your use of the Services.
User Content . You acknowledge and agree that if you use the Services to contribute content (such as ideas for dates, profile information, comments, responses, etc.) ("User Content"), you hereby do and shall grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format, through any media channel, for any purpose and to allow others to do so. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services and to use such User Content as permitted by the Services and under these Terms.
You represent, warrant and agree that you will not contribute any User Content that:
infringes, violates or otherwise interferes with any copyright or trademark of another party;
reveals any trade secret, unless you own the trade secret or have the owner's permission to disclose it;
infringes any intellectual property right of another or the privacy or publicity rights of another;
is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or
may contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Copyright Policy . If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent for notice of claims of copyright infringement (HowAboutWe.com Legal, 20 Jay Street Suite 932, Brooklyn, NY 11201) with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of 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 permit the service provider to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 the law; and
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 owner of an exclusive right that is allegedly infringed.
Membership . You may become a Member at no cost. As a Member, you will have the ability to use some, but not all, of the available features of the Services. In order to access additional features, you must become a paying subscriber.
Subscriptions and Billing .
Subscription Plans and Policies . Please see Subscribe for a description of the current subscription plans and prices. Please note that the Subscription Policies that are disclosed to you in subscribing to the Services are deemed part of these Terms. Please see Billing Details for a description of such policies. For the purposes of these Terms, the term "Member" includes subscribers, unless usage indicates otherwise. From time to time, we may remove the profiles of non-subscribers.
Billing . We use a third-party payment processor (the "Payment Processor") to bill you through an online account (your " Billing Account") for use of the Services as a subscriber. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By subscribing, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Services in accordance with the subscription plan that you have selected using your Billing Account, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Payment Method . The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing . Most subscription plans to the Services consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
Current Information Required . YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal . Unless you opt out of auto-renewal, which can be done through your Account Settings, your subscription to the Services will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Account Settings. If you terminate your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Reaffirmation of Authorization . Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Services.
Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Services must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us at firstname.lastname@example.org.
Mobile Applications . Mobile functionality of the Services may be provided for free, but please be aware that your carrier's normal rates and fees, such as message and data rates, may still apply and you are solely responsible for those fees. To the extent necessary, in the event you change or deactivate your mobile telephone number, you agree that you will update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Interaction with Us or Our Agents . We may provide assistance and guidance to users and Members through our employees or agents. When communicating with those individuals, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.
By Member . You may terminate your membership and/or subscription at any time, for any reason, by following the instructions in your Settings or by sending written notice of termination to Howaboutwe.com, 20 Jay Street Suite 932, Brooklyn, NY 11201 or email notice of termination to email@example.com.
By Us . We, at our sole discretion, may terminate your membership and/or subscription for any reason or no reason. We are not required to provide you notice prior to terminating your membership and/or subscription. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.
Subscriptions . If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If we terminate your membership because you have breached these Terms, you will not be entitled to any refund of unused subscription fees.
We are not responsible for any incorrect or inaccurate content posted through the Services, whether caused by users, Members or by any of the equipment or programming associated with or utilized in the Services.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Services.
Under no circumstances will we or any of our affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, any content posted on the Services or transmitted to Members, or any interactions between users, whether online or offline.
From time to time, we may offer new "beta" features or tools with which its users may experiment with the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion.
We provide the SERVICES "AS IS, AS AVAILABLE," without any warranty or condition of any kind (express, implied or statutory) AND YOUR ACCESS OF the site IS AT YOUR OWN RISK. We do not warrant that our services will meet your requirements or result in any particular outcome, or that the operation will be uninterrupted or error-free. To the fullest extent allowed by law, we specifically disclaim any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
We shall not be liable to you for any DIRECT, special, incidental, indirect, punitive or consequential damages (even if you have been advised us of the possibility of such damages). Our cumulative liability relating to your use of the SERVICES (regardless of the basis), shall not exceed the greater of (a) amounts that you paID TO US IN THE PREVIOUS TWELVE MONTHS and (b) $100. SOME states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Third Party Links . You may be provided links to other websites or resources through the Services. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Compliance with Laws . You will only use the Services in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (a) embargoed goods, (b) identified as a "Specially Designated National," or (c) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services; the Services may not be used where prohibited by law.
Jurisdiction and Choice of Law . If there is any dispute arising out of the Services, by using the Services you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Indemnity by You . You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.
Entire Agreement . These Terms contain the entire agreement between you and us regarding the use of the Services.
Severability . If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Survival . Even after your membership or subscription is terminated, or your use of the Services discontinues, these Terms will remain in effect. All terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.
Waiver . Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver, provided by one of our authorized representatives.
Headings . The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
No Third Party Beneficiaries . You agree that, except as otherwise expressly provided in these Terms there shall be no third party beneficiaries.
Relationship of the Parties . You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
HowAboutWe.com is a service mark of This Life, Inc., all rights reserved.
New York Dating is a service mark of New York Magazine, all rights reserved.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.