By accessing the App and/or website, you consent to have this Agreement provided to you in electronic form.
You must be at least eighteen (18) years of age to create an account on D9LOVE and use the Service. In addition, you must be a member of one of the nationally recognized Black Greek Letter Organizations (BGLO) represented on the site to enter and create a profile based on the organization you are a member of. By creating an account, developing a profile, and using the service, you are forming a binding contract that you are legally who you say you are, not married, and that you are a member of the organization which you purport to represent. Membership in the Service is void where prohibited. By using the App, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a violent crime or any instance of domestic violence or sexual abuse and that you are not required to register as a sex offender with any government entity. By using the D9LOVE App you attest that you are indeed a member of a BGLO and that your membership privileges are not currently suspended or revoked.
Creating an account on D9LOVE
Term and Termination
This Agreement will remain in full force and effect while you use the App and/or have a D9LOVE account. You may terminate your account at any time, and for any reason, by following the instructions in the “Settings” portion of the App. If you choose to delete, your Account, it will be deleted immediately but it may take time for your content to be completely removed from the App. We will save your profile information for a short period in case you realize you miss us and you decide to restore your Account (which you can do within 30 days of de-activating your Account). D9LOVE may also terminate or suspend your account at any time without notice if, in its sole discretion, the Company determines that you have breached this Agreement. Termination may also occur for inappropriate posting, abuse of membership privileges or criminal acts. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. All decisions regarding the termination of accounts shall be the sole discretion of D9LOVE. D9LOVE is not required to provide you with notice prior to terminating your account and may be prohibited, from disclosing a reason for the termination of your account. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Section 5, Section 9, Section 10(e), Section 16, and Sections 17-20.
Non-commercial Use by Members
The App is for the personal use of individual Accounts only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the App for any purpose. Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of the App may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the App is with the permission of D9LOVE, which may be revoked at any time, for any reason, at D9LOVE’s sole discretion. D9LOVE may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.
You are responsible for maintaining the confidentiality of your “Facebook” login credentials should you sign in via Facebook or alternate credentials that you designate during the Sign-Up process, and you are fully responsible for all activities that occur on your account. You agree to immediately notify D9LOVE of any unauthorized use of your account or any other breach of security. D9LOVE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from public places so that others are not able to view or record your personal information.
Your Interactions with Other Members
You are solely responsible for your interactions with other members. You understand that D9LOVE does not conduct criminal background checks on its members and relies exclusively on the self-representation of its members. D9LOVE does not inquire into the backgrounds of any its members nor attempt to verify the statements of its members. However, D9LOVE does expect that as a member of a Black Greek Letter Organization that we police each other and if you have any suspicion or substantial evidence that someone is falsely representing themselves as a member of a BGLO on the App that you will notify the company immediately. D9LOVE makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.
In no event shall D9LOVE 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 service, including without limitation, bodily injury, emotional distress, and/or any other damage resulting from communications or meetings with other registered user of this Service or persons you meet through this service.
You agree to take all reasonable precautions in any/all interactions with other members of the service particularly if you decide to meet offline or in person. You understand that D9LOVE makes no guarantees, either expressed or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your social security number or financial information(i.e., your credit card or bank account) to other members.
Content on D9LOVE
Proprietary Rights. D9LOVE owns and retains
- Proprietary rights in the App and the Service. The App contains the copyrighted material, trademarks, and other proprietary information of D9LOVE, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by D9LOVE, are those of their respective authors, and should not be relied upon absent advice of counsel or other professional. Such authors are solely responsible for such content. D9LOVE does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the App or Website. Under no circumstances will D9LOVE or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the App or Website or transmitted to by any Members.
Content on D9LOVE
- You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to D9LOVE or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify D9LOVE of such change.
- You understand and agree that D9LOVE may, but is not obligated to review and/or delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of D9LOVE violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- By posting Content to any public area of D9LOVE, you automatically grant, and you represent and warrant that you have the right to grant, to D9LOVE its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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 sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by D9LOVE will not infringe or violate the rights of any third party.
- The following is a partial list of the kind of Content that is illegal or prohibited on the App. D9LOVE reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the accounts of such violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;( anyone under 18 years of age is not eligible)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although D9LOVE cannot monitor the conduct of its Members off the App, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the access to members at our sole discretion.
- All information you include in your Member profile must be accurate, current and complete.
Modifications to Service
D9LOVE reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that D9LOVE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other D9LOVE Members. D9LOVE reserves the right, but has no obligation, to monitor disputes between you and other Members.
When you become a Member, you agree and consent to receive email messages and/or notifications from us and our affiliates. These emails/notifications may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You acknowledge and agree that your email address and other personal informational maybe used by D9LOVE and our affiliates for the purpose of initiating commercial email messages.
D9LOVE is not responsible for any incorrect or inaccurate Content posted on the App or in connection with the Service, whether caused by users of the App, Members or by any of the equipment or programming associated with or utilized in the Service.
D9LOVE is not responsible for the conduct, whether online or offline, of any user of the App or Member of the Service. D9LOVE 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.
D9LOVE 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 any App or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
Under no circumstances will D9LOVE or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the App or the Service, any Content posted on the App or transmitted to Members, or any interactions between users of the App, whether online or offline. The App and the Service are provided “AS-IS” and D9LOVE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. D9LOVE cannot guarantee and does not promise any specific results from use of the App and/or the Service.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the App is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. D9LOVE makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the App. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
- Neither this app nor its individual subscribers have been sanctioned to participate therein by any of their respective organizations. Subscribers who may hold membership in a specific Black Greek Letter Organization or National Pan-Hellenic Council shall not constitute either consent or acquiescence by those organizations, to the terms, conditions, or any of the actions of the subscribers to this application. Subscribers to this application have obtained neither individual nor collective consent from any National Black Greek letter organization or the National Pan-Hellenic Council for their participation in this application.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will D9LOVE be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if D9LOVE has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, D9LOVE’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 D9LOVE for the Service while your account was active.
Arbitration and Governing Law
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the App shall be BINDING ARBITRATION administered by the American Arbitration Association.
Notice of Rights. By using the App or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and D9LOVE (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction within the state of New Jersey. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against D9LOVE may be commenced only in the federal or state courts located in the state of New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and D9LOVE, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Indemnity by You
You agree to indemnify and hold D9LOVE, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Advertisements and Promotions: Third-Party Products and Services
D9LOVE may run advertisements and promotions from third parties on the app or may otherwise provide information about or links to third-party products or services on the app and/or website. Your business dealings or correspondence with or participation in promotions of such third parties and any terms or conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. D9LOVE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-D9LOVE advertisers or third party information on the app and or website.
Other and Amendments
This Agreement contains the entire agreement between you and D9LOVE regarding the use of the App and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by D9LOVE at any time. If you continue to use your account, your renewal will constitute acceptance by you of the revised Agreement.