SEA CAPTAIN DATE LLC
MOBILE APP TERMS OF SERVICE
Updated: November 5th, 2023
Welcome to Sea Captain Date, a nautical-themed swipe-based dating mobile application. This Terms of Service including our Privacy Policy, Code of Conduct, User Guidelines and Safety Guide (“Agreement”) constitutes a valid and binding agreement between Sea Captain Date LLC, (together with its affiliates, successors and assigns “SCD,” “we,” or “us”) and you (“Member,” “you,” or “your”). This Agreement explains the terms by which you may use our online and/or mobile services, application, website, and software provided by or in connection with the service (collectively the “Services”).
By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these terms herein. If you do not agree, you may not use the Services. You may only access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services.
You represent to us that you are lawfully able to enter into contracts. You must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. In certain instances, SCD may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. This Agreement applies to all visitors, users, and others who access the Services (“Users”).
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS HEREIN. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND SCD. THESE PROVISIONS INCLUDE REQUIREMENTS AND WAIVERS THAT AFFECT YOUR RIGHTS.
We may update the Terms from time to time, so check this page regularly for updates.
a.This Agreement governs your access and use of the Services, and any information that is displayed or provided therein. By accessing and/or using the Services, you are indicating your acceptance of this Agreement, which thereby becomes a binding contract between you and SCD, and you agree to be bound by all terms and conditions herein, to the exclusion of all other terms. If you downloaded the Services from an app store, this Agreement applies in tandem with that app store’s terms and policies. In case there is a conflict, the app store's terms will control, solely to the extent of such conflict.
b.You are not authorized to create an Account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
i.You are at least 18 years old;
ii.You are legally qualified to enter a binding contract with SCD;
iii.You are seeking a meaningful relationship.
iv.You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
v.You are not on any list of individuals prohibited from conducting business with or within the United States;
vi.You are not prohibited by law from using our Services;
vii.You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other Users of our Services;
viii.You are not required to register as a sex offender with any state, federal or local sex offender registry;
ix.You do not have more than one account on our Services; and
x.You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your Account, and we retain the right to remove your access to our Services without notice.
i.Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. SCD reserves all rights not expressly granted herein in the Services and the SCD Content (as defined below). SCD may terminate this license at any time for any reason or no reason.
ii.You acknowledge and agree that the Services are licensed solely for your own personal use and you may not use the Services for any other purposes, without prior written authorization from SCD. You agree to not grant access to any third party for any purpose whatsoever without the prior written consent of SCD; (b) make the Services, in whole or in part, available to any other person, entity or business; (c) sell, sublicense, lease, permit, transfer, copy, reverse engineer, decompile or disassemble the Services, in whole or in part, or otherwise attempt to discover the source code to the software used in the Services; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; (e) remove any proprietary notices from the software of elsewhere on the Services; or (d) modify, alter, integrate, combine the Services or associated software with any other software or services not provided or approved by us. You have and will obtain no rights to the Services except for the limited rights to use the Services expressly granted by this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. SCD reserves all rights not expressly granted under this Agreement
iii.You acknowledge that SCD may from time-to-time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
d.Accounts
i.In order to use the Services, you will be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account”). You agree to maintain and promptly update your Account information as necessary to maintain its accuracy. SCD reserves the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.
ii.Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.
iii.You are solely responsible for all activity that occurs when the Services are accessed through your Account, and you must keep your account password secure. You must notify SCD immediately of any breach of security or unauthorized use of your account. SCD will not be liable for any losses or damages arising from your failure to protect your password or Account information and/or caused by any unauthorized use of your Account.
iv.You may control your Account and how you interact with the Services by changing the settings in your Account. By setting up an Account, you consent to our using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your Account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
v.The Services are not available to Users who have had their Account temporarily or permanently suspended.
e.Services Rules
i.We are committed to maintaining a positive and respectful community of Users, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Materials or misconduct by other Users. Any violation of the Services rules contained herein, including in the Code of Conduct, User Guidelines and Safety Guide may result in immediate suspension or termination of your Account.
ii.You agree to:
1.Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
2.Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
3.Use the latest version of the Services;
4.Treat other Users in a courteous and respectful manner, both on and off our Services and abide by our Code of Conduct, Safety Guide and User Guidelines;
5.Maintain a strong password and take reasonable measures to protect the security of your login information.
iii.You agree that you will not:
1.Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity, or in any other way “catfish” another User;
2.Use the Services in a way that damages the Services or prevents their use by other Users;
3.Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
4.Use our Services for any harmful, illegal, or nefarious purpose;
5.Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
6.Upload, post or share Prohibited Content. Prohibited Content includes content that:
a.Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
b.Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
c.Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
d.Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
e.Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
f.Involves the transmission of “junk” mail or “spam”;
g.Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
h.Was not written by you or was automatically generated, unless expressly authorized by SCD;
i.Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
j.Is inconsistent with the intended use of the Services; or
k.May harm the reputation of SCD or its affiliates.
7.Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission;
8.Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
9.Use another user’s account;
10.Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
11.Disclose private or proprietary information that you do not have the right to disclose;
12.Express or imply that any statements you make are endorsed by SCD;
13.Encourage, promote, or agree to engage in any activity that violates these Terms; or
14.Create a new account after we suspend or terminate your account, unless you receive our express permission.
iv.You further agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) using or developing any third-party applications that interact with our Services or Member Materials or information without our written consent; (xiii) probing, scanning or testing the vulnerability of our Services or any system or network; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. Furthermore, you may not use the Services to develop, generate, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary right; (B) is defamatory, libelous, false, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Services, (D) performs any unsolicited commercial communication not permitted by applicable law; and € is harassment or a violation of privacy or threatens other people or groups of people. The Services contain confidential and trade secret information owned or licensed by SCD, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
v.We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the terms of this Agreement that are intended to survive termination.
f.Availability of Services. SCD will use commercially reasonable efforts to make the Services available pursuant to this Agreement except for (a) planned downtime; (b) emergency downtime; and (c) any unavailability caused by circumstances beyond our reasonable control. SCD reserves the right to modify the Services from time to time and makes no guarantees as to the continuous availability of the Services or of any specific feature(s) or functionality(ies) of the Services.
g.No Agency or Endorsement. You expressly acknowledge and agree that all Users are independent individuals, separate from SCD, and they are solely responsible for their Member Materials and any communications and interactions with you. We do not make any representations or warranties of any kind with respect to any User, nor shall SCD be deemed to endorse any User. We are not a party to any communications, meetings or interactions between you and another User (virtual or in-person), and we are in no way responsible or liable for the acts, omissions, behaviors, misconduct or negligence of any User, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
h.Neutral Platform. The Services are provided and function solely as a neutral platform and is to be used as a general resource. The SCD does not decide, or have any vested interest in, which User, if any, that any other User opts to message, engage with and/or meet in person. Any decision by a User to engage with and/or meet another User is a decision made in such User’s sole discretion. SCD has no control over the quality, and/or safety, of the interactions between Users and is absolutely not responsible for the actions or inactions of a User. Any dispute between a User and another User and is between the parties involved, and SCD will not, in any event, be a party to that dispute. However, we want to try to help if there are issues, so if you are unable to resolve a dispute, the SCD may use commercially reasonable efforts to mediate and arrive at a mutually agreed upon resolution.
i.Member Materials. You are solely responsible for all information and materials that you submit, provide, upload, make available, or use (“Member Materials”). You represent and warrant that all of your Member Materials is accurate and not misleading to the best of your knowledge and is not in violation of any third party rights including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your Account information as necessary to ensure its accuracy. Prior to submission, you must have obtained all necessary rights and licenses in all elements of your Member Materials. Other than your Member Materials which constitute Confidential Information (such as for example, your email address, phone number, mailing address), your Member Materials are not confidential or privileged, and you waive rights of privacy or publicity in connection with your Member Materials. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. We will not pre-screen or actively review your, or other Users’ Member Materials, but we may refuse or delete any Member Materials of which we become aware that fails to fulfill the purposes of the Services, is in breach of this Agreement, is contrary to law, or is otherwise inappropriate in our sole discretion. Under no circumstances will we be liable in any way for any of your or other Users’ Member Materials, including, but not limited to, liability for any errors, inaccuracies, or omissions therein, or for any loss or damage of any kind incurred as a result of the use thereof. We will have no obligation or liability to you to maintain or store your Member Materials. In addition, you agree that you will not use any Member Materials accessed or viewed via the Services for any purpose whatsoever except for the limited, specific purpose as contemplated herein. You understand and agree that we may monitor or review your Member Materials, and we have the right to remove, delete, edit, limit, or block or prevent access to any of your Member Materials at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review your Member Materials.
a.The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “SCD Content”), and all intellectual property rights related thereto, are the exclusive property of SCD and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SCD Content. Use of the SCD Content for any purpose not expressly permitted by this Agreement is strictly prohibited. This Agreement does not provide you with title or ownership of any Services or SCD Content, but only a limited right to use the same solely upon the terms expressly set forth in this Agreement. For the purpose of clarity, nothing provided under this Agreement is to be considered a “work for hire” and SCD does not convey, transfer or assign to you any right, title and interest it may have now or in the future acquire, including but not limited to all intellectual property rights.
b.Member materials. You will own and maintain ownership of all of your Member Materials. We do not claim any ownership of the Member Materials that you submit, post, or display through the Services.
i.Subject to the terms and conditions of this Agreement, You grant SCD a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Member Materials, as reasonably necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by You. In addition, you grant SCD a worldwide, non-exclusive perpetual right to use your image and Member Materials in advertising our Services.
ii.Member represents and warrants that it owns or has secured all rights in and to Member Materials as may be necessary to grant this license.
iii.The Member Materials that you submit may be modified or adapted for purposes of transmission, display, or distribution over computer networks or any media formats, in order to conform to any requirements or limitations in working with such networks, services, devices or media. You retain any and all ownership rights to the Member Materials that you submit and are responsible for protecting those rights. We reserve the right at all times to remove or refuse distribution of any Member Materials on or through our Services.
b.SCD operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. You will have the opportunity to purchase products and services from SCD. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel. For the purpose of clarity, after your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your Account and follow instructions to manage or cancel your subscription, even if you have otherwise removed your Member Materials or if you have deleted the Services from your device. Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as otherwise set forth herein.
c.Please note that any payment terms presented to you in the process of using or signing up for Services are deemed part of this Agreement. We do not directly process any payments and do not store your debit/credit card information. When you register for the Services, payment will be processed through the app store from which you download the mobile application or otherwise through a third-party payment processor (“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. SCD reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize SCD to withhold any monies and/or debit any monies from any account that you have identified to SCD for any chargebacks, Fees, costs, deductions, adjustments and any other amounts owed to SCD. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
d.Taxes. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases, except for those taxes based on SCD’s net income. In the event that any amount payable by you to SCD is subject to Taxes, SCD shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which SCD is entitled. You will reimburse and indemnify SCD for any Taxes, interest, and penalties that SCD may be compelled to pay on account of your non-payment. You will indemnify and hold SCD harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.
e.Free Services. Certain aspects of the Services may be offered for free. SCD reserves the right to (i) modify the terms and conditions of the free Services at any time, (ii) cancel or change the Services that are offered as free Services, or (iii) terminate your access to and/or right to use the free Services at any time for any reason in SCD’s sole discretion.
f.Free Trial. SCD may, in its sole discretion, offer a subscription with a free trial for a limited period of time ("Free Trial"). On the last day of the Free Trial period, unless you cancelled your subscription, your Free Trial will automatically convert to a paid subscription and you will be automatically charged the applicable subscription Fees for the type of subscription you have selected. At any time and without notice, SCD reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
g.Virtual Items. You may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features (“Virtual Item(s)”) from SCD through the Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when SCD ceases providing our Services, or your account is otherwise closed or terminated. SCD, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. SCD may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. SCD shall have no liability to you or any third party in the event that SCD exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services. All purchases and redemptions of virtual items made through the Services are final. You will not receive money or other compensation for unused Virtual Items when an Account is closed, whether such closure was voluntary or involuntary.
h.No refunds. You acknowledge and agree that there shall be no refunds under this Agreement for any reason, any purchase, virtual item, subscription or Services, whatsoever, including termination of this Agreement regardless of the cause of such termination. The subscription fees cover all costs that SCD incurred for the creation and functioning of your Account for the agreed upon term hereof, and other expenses related thereto.
i.Notwithstanding the above, there are exceptions if the laws applicable in your jurisdiction provide for refunds.
ii.For subscribers residing in the EU, EEA, UK, and Switzerland:
1.In accordance with local law, you are entitled to a full refund during the first fourteen (14) days of your subscription.
iii.For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
1.You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing notice in the same manner as you request a refund as described below.
We care about the privacy of our Users. SCD’s privacy practices are governed by SCD’s privacy policy, the most updated copy of which can be found at
https://www.seacaptaindate.com/privacy-policy ("Privacy Policy"). The Privacy Policy does not cover the information practices exercised by any third parties that SCD does not own or control.
The Services may contain links to third-party sites or materials that are not owned or controlled by SCD. SCD does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that this Agreement and SCD’s Privacy Policy do not apply to your use of such sites. You expressly relieve SCD from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SCD shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7.Representations and Warranties
a.You represent and warrant that: (i) You have the power, right and authority to enter into this Agreement, and are capable of forming a binding contract: (ii) you will use the Services for lawful purposes only and in accordance with this Agreement including the Code of Conduct, Safety Guide and Guidelines, and all applicable laws, regulations and policies, (iii) you own or have sufficient rights in and to the Member Materials you submit through the Services to grant the licenses set forth herein, and that any use by SCD of such Member Materials as contemplated in this Agreement will not infringe on the rights of any third party or violate any applicable laws or regulations, and that such Member Materials shall not (a) violate any laws or regulations or any rights of any third parties, including but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade dress, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or publicity rights, moral or otherwise, or rights of celebrity, or any other right of any person or entity; (b) contain any material that is unlawful, fraudulent, threatening, defamatory, obscene, profane or hateful or (c) contain any disabling codes or instructions, or any viruses, worms, Trojan horses or other contaminants.
b.You further represent and warrant that you will not share your log-in ID or password or any of the information contained within the Services with any third party whatsoever without the explicit written permission of SCD. For the purpose of clarity, this includes providing access to, or allowing, third parties to log-in through your account, as well as copying and sharing SCD Content and/or other User’s emails, names or phone numbers, with any other individual, business, marketing or survey company. You agree that you alone will be responsible for paying SCD and other related parties, any damages, losses, penalties and costs whatsoever related to a breach by you of this section.
g.YOU agree that SCD has made no agreements, representations or warranties other than those expressly set forth in this Agreement, and that no future agreement, representation or warranty of SCD with regard to Services provided under this agreement shall be effective unless expressly stated in an amendment to this Agreement signed by both parties. You understand that SCD is NOT an authority on Sea Captains and any 'verification' we provide is not official. Any description of a USER on the SERVICES is not an endorsement, certification or guarantee by SCD of such USER.
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a.IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCD, ITS AFFILIATES, AGENTS, DIRECTORS OR EMPLOYEES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, whether aS claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if SCD has been apprised of the possibility or likelihood of such damages occurring.
b.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USE OR THIRD PARTY. You acknowledge and agree that the fees and other charges which SCD is charging under this Agreement do not include any consideration for assumption by SCD of the risk of your indirect, consequential or incidental damages or of unlimited direct damages. IN NO EVENT SHALL SCD, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SCD HEREUNDER OR $100.00, WHICHEVER IS GREATER.
c.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY DEPENDING ON THE APPLICABLE JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
d.Unless otherwise explicitly stated, the Services are controlled and operated from facilities in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Governing Law & Venue. Unless prohibited by local law, this Agreement is governed by the laws of the State of Pennsylvania, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 12 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 12) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Philadelphia County, Pennsylvania to the extent permissible by applicable law and except for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law). Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Pennsylvania law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides. To the extent permissible by applicable law, you and SCD consent to the exercise of personal jurisdiction of courts in the State of Pennsylvania and waive any claim that such courts constitute an inconvenient forum.
a.This section 12 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and SCD. “Disputes” are defines as any dispute, claim, or controversy between you and SCD regarding any aspect of your relationship with SCD, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced. Arbitration is a form of Dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral arbitrator for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
b.Please read this Arbitration Agreement carefully. It provides that all Disputes between you and SCD shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
c.YOU AND SCD EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
d.Pre-Arbitration Dispute Resolution: For any dispute with SCD, you agree to first contact us at support@seacaptaindate.com and attempt to resolve the dispute with us informally. Your communication should include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. In the event that SCD has not been able to resolve a Dispute within sixty (60) days, you may then pursue your Dispute in arbitration.
e.Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above either you or SCD may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
i.For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
ii.Because your contract with SCD, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
f.Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
g.Location of Arbitration: You may initiate arbitration in Philadelphia County, Pennsylvania, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
h.Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), SCD will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with SCD as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from SCD your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
i.Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and SCD specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of SCD and/or user of SCD services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
j.Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and SCD are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and SCD might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
k.Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
l.Continuation: This Arbitration Agreement shall survive the termination of your contract with SCD and your use of SCD Services.
13.Termination
a.You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Services.
b.We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of such, and to remove and discard any Member Materials you have submitted, at any time and for any reason, including for any violation by you of this Agreement. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
14.DMCA Notice
We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Services or any service in violation of your copyright, then You may provide our designated agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:
● Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed, so that we can locate the material.
● Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
● Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● Include a statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number, and email address. You may submit your notification of Alleged Copyright Infringement by sending a letter to our designated agent by email or mail to:
S.C.D.
450 Caredean Drive
Unit A
Horsham, PA 19044
support@seacaptaindate.com
h.Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement. Each capitalized term used in this Agreement (including any schedule or exhibit of this Agreement) shall have the meaning attributed to it in any part of this Agreement (including any such schedules or exhibits).
i.Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, enforceability/injunctive relief, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of this Agreement regardless of the cause of such termination.