PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING AND/OR USING ANY PART OF THE WEBSITE.
Welcome to newwdistag.wpengine.com (together with its subdomains, Content and Marks, the “Website”).
1. Ability to Accept Terms
The Website is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not visit or use the Website.
2. Website Access
During the period in which these Terms are in effect, we hereby grant you permission to visit and use the Website, provided that you comply with these Terms and applicable law. Spark Networks reserves the right to change or discontinue at any time any service or feature of the Website
3. Intellectual Property Rights
a. All intellectual property rights in and in relation to copyright, patents, trade-marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
i. The Website;
ii. Subject to clause 3.d., information content on the Website; and
iii. All the Website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts),are owned by or licensed to Spark Networks. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
b. None of the material listed in clause 3.a. may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Spark Networks. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smart phone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without the express prior written permission of Spark Networks.
c. All rights (including goodwill and, where relevant, trade-marks) in the name Spark Networks are owned by or licensed to Spark Networks. Other product and company names mentioned on the Website are the trademarks or registered trademarks of third parties.
d. Title, ownership rights and intellectual property rights in and to content accessed using the Website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in clause 3.b, this Agreement gives you no rights to such content.
You shall not:
a. disrupt servers or networks connected to the Website;
b. use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or
c. circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website.
5. Links; Third Party Sources and Content.
7. Information Description; Warranty Disclaimer
We attempt to be as accurate as possible. HOWEVER, WE CANNOT AND DO NOT WARRANT THAT THE CONTENT AVAILABLE ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to make changes in or to the content, or any part thereof, in our sole discretion, without the requirement of giving any notice prior to or after making such changes to the content. Your use of the content, or any part thereof, is made solely at your own risk and accountability.
8. Warranty Disclaimers
a. THE WEBSITE IS MADE AVAILABLE TO YOU ON AN ‘AS IS’ AND AS ‘AVAILABLE’ BASIS. Spark Networks GIVES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, IN RELATION TO THE WEBSITE OR THE MATERIAL. Spark Networks DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT Spark Networks WILL NOT BE HELD ACCOUNTABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.
b. The Website is a free comparison site. To provide our service free of charge, we maintain partnerships with some of the websites we list in our rankings. WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD PARTIES THAT ARE FEATURED ON OUR WEBSITE, AND WE MAY RECEIVE FEES EACH TIME A USER CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM.
9. Limitation of Liability
A. Spark Networks DOES NOT LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OR INTENT OF Spark Networks, ITS EMPLOYEES, LEGAL REPRESENTATIVES OR Spark Networks CONTRACTORS (II) DAMAGES THAT ARISE AS A RESULT OF THE INTENT AND GROSS NEGLIGENCE OF Spark Networks, ITS EMPLOYEES, LEGAL REPRESENTATIVES OR Spark Networks CONTRACTORS AND (III) ANY OTHER LIABILITY THAT WE ARE NOT PERMITTED TO LIMIT OR EXCLUDE UNDER APPLICABLE LAW. THE REMAINDER OF THIS SECTION SHALL NOT APPLY TO SUCH LIABILITY.
B. WITHOUT LIMITING THE FOREGOING, Spark Networks SHALL NOT BE LIABLE FOR ANY ECONOMIC LOSS, (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, BUSINESS, CONTRACTS, PROFITS OR ANTICIPATED SAVINGS); ANY LOSS OF GOODWILL OR REPUTATION; ANY LOSS OF DATA; OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS THAT MAY RESULT TO YOU OR A THIRD PARTY ARISING FROM YOUR USE OR INABILITY TO USE OF THE WEBSITE (UNLESS EXPRESSLY SET OUT OTHERWISE IN THESE USER TERMS). Spark Networks DOES NOT ACCEPT ANY LIABILITY FOR LINKS ON THE WEBSITE TO THIRD PARTY SITES. IF YOU DECIDE TO ACCESS LINKED THIRD PARTY SITES YOU DO SO AT YOUR OWN RISK.
C. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Spark Networks FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE TOTAL AMOUNT OF US $1,000.
You agree to defend, indemnify and hold harmless Spark Networks and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of, or inability to use, the Website; (ii) your violation of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Spark Networks without restriction or notification to you.
a. German law applies to the exclusion of the UN Sales Convention. The regulations which are more favorable to the consumer and which cannot be excluded by means of a choice of law clause, according to the law of the country where the consumer has his habitual residence, shall remain unaffected.
b. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective immediately, and your continued use of the Website thereafter means that you accept those changes.
c. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
d. This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
e. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.