Zyngle Terms and Conditions
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE
What is Zyngle?
Zyngle is an online dating service for adults to meet other like-minded individuals in search of a long-term relationship ("Zyngle.com" or "Zyngle" or "we" or "us"). LenderSource Inc. is the exclusive owner and operator of Zyngle.
Use Agreement
This is a legal agreement between you and LenderSource Inc./Zyngle, its successors and/or assigns. By using the Zyngle website (the "Service"), you agree to be bound by these Terms of Use (the "Terms"), whether or not you register as a member (the "Member"). By accessing the website, you are agreeing to all of the terms and conditions listed herein.
Eligibility
You must be at least 18 years old to join or use Zyngle (21 years old in locations where 18 is not the age of majority). Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. By visiting Zyngle.com or accepting these Terms of Use, you represent and warrant to Zyngle that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. This website is intended for individuals only. You may not use the Website or Service in connection with any commercial or group activities. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose.
Modification
Zyngle retains the right to change the terms and conditions of this agreement at any time. If a change is made to this documentation, we will send a notice via email or a notice will be placed on the website to alert our users that a change has occurred. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
International Users
Zyngle.com is operated from the United States of America. Although we allow international membership, we make no representation that the Services are appropriate or available in all locations. If you access the Service from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. As a member, you agree that Zyngle may collect, use and transfer your personal information as described in the Privacy Policy below, including transfer outside your country of residence.
Privacy
Zyngle collects personal information from you in order to create your online dating profile. Zyngle will not use or disclose your personal information for purposes other than those described in this policy.
Information you submit in your profile, except for your e-mail address, real name and password, can be viewed by other visitors not only at Zyngle but also by means of search engines and third parties because this information becomes publicly available. Zyngle makes a reasonable attempt to secure your personally identifiable information. However, we cannot ensure the confidentiality, security, or privacy of your information that you supply via email, over the internet, or post publicly for viewing by the general public. Additionally, for any information that you share publicly we cannot ensure how other individuals will interpret or use this information. This means that by accepting this agreement you absolve and release Zyngle from any liability associated with how this public information is used by other parties, other than yourself. As a part of our service we sometimes post and feature photographs provided by our members in print and online, accompanied by the member's profile.
We cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties. We may use non-identifiable information, including your IP address and location, to display relevant ads, and may also provide this information to third parties. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service. We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service. We do not share any personal information with third parties, and we do not send advertising to our members via email.
The information collected by Zyngle may be transferred in connection with the sale or merger of the company, or a sale of substantially all the assets, or in connection with a bankruptcy. We may also disclose personally identifiable information to third parties in order to comply with court orders or with requests by law enforcement agencies, to enforce our Terms of Use, or to protect the rights, property, safety of our website and other users of the site.
Zyngle and its administrators will monitor photos, videos, information, postings and messages for content and profanity, and we reserve the right edit or remove any and all information at its discretion. We cannot monitor all information or data that is provided by users, and therefore are not obligated to delete or edit content. We will use email and internal Zyngle messaging for the purposes enabling registration and communicating necessary and pertinent information to our members.
Online Conduct
You agree to use the Service in accordance with the following Code of Conduct:
• You will not violate the law
• You will not provide false information
• You will not impersonate anyone
• You will not harass any other members
• You will not violate the privacy or rights of any member
• You will not violate any copyright or trademark laws
• You will not solicit for funds or any advertisement or information leading to promotion of product or service
• You will not ask others to send money or donations
• You will not ask individuals for financial information or social security number
• You will not post publicly visible personal contact information
• You will not disrupt the Zyngle service or website, or its supporting servers and/or network
• You will not upload any electronic files with intent to harm Zyngle, its software, its database, or its members inclulding trojan horses, viruses or worms
• You will not attempt to bypass security measures to access the Zyngle database or any data stored or used by the Zyngle website
You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Content
As a Zyngle member, you are solely responsible for the content that you publish or display on the Zyngle, or transmit to other Zyngle members. By agreeing to these terms and conditions you are consenting to not posting or transmitting information that is construed as abusive, offensive, threatening, hostile, menacing, harassing, sexual, racially offensive, or hateful. Zyngle reserves the right to delete any and all content or information that is deemed to be remotely illegal or offensive.
By posting content to any public area of Zyngle, you automatically grant, and you represent and warrant that you have the right to grant, to Zyngle an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
We cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
The following is a partial list of prohibited content:
• SPAM, SCAM, chail-mail, junk-mail, unsolicited mass marketing, contests, sweepstakes, advertising, pyramid schemes, or solicitation to buy or sell
• no offensive, pornographic, threatening, hostile, menacing, harassing, sexual, racially offensive, or hateful statements or images
• information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
• information that promotes or enables unauthorized copying of another person's copyrighted work, art or music
• instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
• you may not include in your Member profile or photos any telephone numbers, street addresses, last names, personal web sites or email addresses
• messaging too many members within 24 hours is considered "spamming" and will result in an immediate, automatic, and permanent suspension of your membership
It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Zyngle is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
Security
Your account is private and should not be used by anyone other than you. You should never share your password with anyone. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party. It is suggested that when you access Zyngle that you do so from computer that you personally own, and/or that you know is secure. If you choose to access Zyngle from a public computer, be sure to click "Log Out" when you are finished.
Termination
Zyngle reserves the right to terminate a user's access to Zyngle's services without notice. This will be based on a determination that a user has violated this agreement in whole or in part. You agree that Zyngle will not be liable to you or to any third party if you service is suspended. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason, from your account screen.
Member Disputes
You are solely responsible for your interactions with other Zyngle Members. Zyngle reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.
Copyright Policy
You may not reproduce any Zyngle proprietary materials or information without explicit written consent by Zyngle.
Proprietary Rights
Zyngle owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of Zyngle. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information.
Indemnity
You agree to indemnify and hold Zyngle, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, harm, cost, expense, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Service in violation of this Agreement or arising from a breach of this Agreement.
Disclaimer
Zyngle is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service. Zyngle cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Zyngle is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Zyngle assumes 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.
Zyngle is 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 the Website, 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 Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND ZYNGLE EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
No Background Check
Zyngle does not perform background checks on its members. For safety, members should perform their own diligent background check before meeting potential dates in person. Zyngle will not be held liable for damage, harm or loss inflicted by other members.
Limitation of Liability
You assume full responsibility and risk for your use of the Website and the Service. Under no circumstances will Zyngle be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. Zyngle and its affiliates are not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Web site or the Service, even if Zyngle has been advised of the possibility of such damages. If you live in a state whose laws prevent you from taking full responsibility for your use of the service, our liability is limited to the greatest extent allowed by law. Zyngle's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Zyngle for the Service during the term of membership.
Mandatory Arbitration
PLEASE READ THIS PROVISION CAREFULLY. THIS PROVISION MEANS THAT, EXCEPT AS NOTED BELOW IN THE SECTION ENTITLED "CLASS ACTION WAIVER," YOU AND WE AGREE TO ARBITRATE ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT IN ANY WAY ARISE OUT OF OR RELATE TO THE AGREEMENT, THE USE OF THE SERVICE, OR THE PROVISION OF SERVICES OR PRODUCTS PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, ANY BILLING DISPUTES. ALL SUCH CLAIMS AND DISPUTES SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). The arbitration shall be conducted under the AAA Rules and Supplemental Procedures for consumer-related disputes and shall take place in Los Angeles, California. You acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. Before instituting arbitration, you agree to provide us with an opportunity to resolve your claim or dispute by sending us a written description of your claim and negotiating with us in good faith regarding your claim. If we are not able to resolve your claim or dispute within 30 days of receipt of your notice, then you may initiate arbitration proceedings with the AAA.
Class Action Waiver
IF YOU INITIATE AN ACTION AGAINST US, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.
Jurisdiction
These Terms are governed by the laws of the State of California and the United States of America, without regard to rules generally applicable to resolving conflicts of laws. You agree to both the exclusive jurisdiction and the exclusive venue of the federal and state courts of California, with respect to any claim or cause of action, whether in law or in equity, arising under or relating to these Terms or use of the Service.
Last updated: July 16, 2011