Terms and Conditions
Last Updated: May 10, 2018
This is a legal agreement ("Agreement") between you and Realtingle, Inc., a Delaware corporation ("Realtingle"), which may be contacted at P.O. Box 844 NY, NY 10272. By accessing the Realtingle web site, currently located at www.realtingle.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. If you do not agree to be bound by this agreement, do not use the site or the services. The Realtingle services consist of the following, without limitation: a service for single people ("Singles Service"), interactive content, any premium services offered by or on behalf of Realtingle ("Premium Services") (collectively, the "Services"). Realtingle may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Realtingle also reserves the right to cease offering any of the Services. This Agreement is subject to change by Realtingle in its sole discretion at any time. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
You will only use the 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. 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 are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction
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. You acknowledge that Realtingle is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
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 Realtingle's Safety Tips.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services.
You will promptly report to Realtingle any violation of the Agreement by others, including but not limited to, Registered Users.
You understand that Realtingle makes 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.
You will not provide inaccurate, misleading or false information to Realtingle or to any other user. If information provided to Realtingle or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Realtingle of such change.
Use of the Premium Services shall be subject to the additional terms and conditions found here.
Realtingle reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Realtingle will 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 request of any third party.
Posting and Communication Restrictions
You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- solicits gambling or engages in any gambling or similar activity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- is in any way used for or in connection with spamming, spamming, phishing, trolling, or similar activities.
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- 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 Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18;
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. From time to time, Realtingle may create test profiles in order to monitor the operation of the Services.
No Harassment of Realtingle Employees or Agents - You will not harass, annoy, intimidate or threaten any Realtingle employees or agents engaged in providing any portion of the Services to you.
No Advertising or Commercial Solicitation
You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. 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 Realtingle, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Realtingle $50 for each such unsolicited communication you send through the Services.
Selection of Profiles
From time to time, we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to meet potential matches. You will be under no obligation to accept such complimentary subscription or to meet with or communicate with any Registered Users.
By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Singles Service.
You must be at least 18 years old to use the Site or to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
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 and/or are not required to register as a sex offender with any government entity. REALTINGLE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Realtingle 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 ANY SUCH CHECK.
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 of the owner of such proprietary rights.
Ownership of Proprietary Information
You hereby acknowledge and agree that Realtingle is the owner of highly valuable proprietary information. Realtingle owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
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 Realtingle account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Realtingle and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display 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 Site 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 stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
Other Users' Information
Other Registered Users may post copyrighted 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 Realtingle or third party proprietary information available via the Services or the Site.
Disclosure By Law
You acknowledge and agree that Realtingle may 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, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Realtingle's, 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 the user) is threatened.
Disclosure to Protect Abuse Victims
Notwithstanding any other provision of this Agreement or the Privacy Statement, Realtingle reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Realtingle suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Realtingle, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Realtingle is permitted to make such disclosure.
Use of Anonymous Information for Research.
By using the Services, you agree to allow Realtingle to anonymously use the information from you and your experiences through the Services to continue Realtingle's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
No Contact Information
You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information
Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
Disclaimer of Warranty.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. REALTINGLE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REALTINGLE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. REALTINGLE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
From time to time, Realtingle 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 warranty of any kind, and may be modified or discontinued at Realtingle's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Third Party Content
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Realtingle, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Realtingle DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED 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 OTHER THAN Realtingle. UNDER NO CIRCUMSTANCES WILL Realtingle 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.
Limitation of Liability.
Incidental Damages and Aggregate Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Realtingle BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Realtingle KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL REALTINGLE’S 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, OR, IF YOU HAVE NOT PAID REALTINGLE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$30.00 OR ITS EQUIVALENT.
No Liability for non-Realtingle Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REALTINGLE 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 USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, 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.
Realtingle and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Realtingle and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Realtingle, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any 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 Site or 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. Realtingle 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 Realtingle in asserting any available defenses.
Communication and Privacy
Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Realtingle may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Realtingle 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 at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Realtingle by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: Realtingle, Inc., Attn: Cancellations, P.O. Box 844 NY, NY 10272. Following any termination of any Registered User's use of the Singles Service, Realtingle reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
No Class Actions
YOU AND REALTINGLE ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Realtingle agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Arbitration of Disputes
You and Realtingle agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of Realtingle (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Realtingle’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Realtingle may elect to have resolved by means other than arbitration. Notwithstanding the above, Realtingle is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND Realtingle AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Realtingle, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer Related Disputes.
Limitation of Time Period to Commence a Dispute
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
- 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 the "Account Settings" page and clicking on "Cancel My Subscription" or "Close Account" 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 installation payment basis (such as three-part pay), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
- Death or Disability.
If by reason of death or disability you are unable to receive all Singles Services 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.
1. If you have prepaid any amount for the Singles Service, 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.
2. "Disability" means a condition which precludes you from physically using the Singles Service 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 Realtingle.
3. If the physician determines that the duration of the disability will be less than six (6) months, Realtingle may extend the term of the Single Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, Realtingle automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation at Any Time with No Refund" above.
This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Realtingle regarding the use of this Service, superseding any prior agreements between you and Realtingle related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Realtingle to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Right to Seek Injunction
Violation of this Agreement may cause Realtingle irreparable harm, and therefore agree that Realtingle 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 Realtingle may have for a breach of this Agreement.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Realtingle'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:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Identification of the copyrighted work that you claim is being infringed;
- Information reasonably sufficient to permit Realtingle to contact you, such as your
- address, telephone number, and email address;
- 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.
- 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;
Notice of claims of copyright infringement should be provided to the Realtingle’s Copyright Agent at the following address:
P.O. Box 844
NY, NY 10272