These Terms apply to your access to and use of the Aspieology Service provided by Poets Of Pixel, LLC (Aspieology,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services and third-party payment processors) may apply to particular functionalities and features related to the Aspieology Service.
The last update to our Terms of Website was posted: 20 September 2017
The terms “us” or “we” or “our” refers to Poets Of Pixel, LLC, the owner of the website Aspieology.
A “Child” is any person under the age of 18.
A “Member” is an individual that has registered with our Website to use any features of our Service.
A “Posting” is any text, photos, or videos uploaded by a Member through our Website.
A “Profile” is an online representation of a Member which may contain text, photos, or videos uploaded by a Member through our Website.
A “Visitor” is someone who merely browses our Website to find out more about our Website.
A “User” is a collective identifier that refers to either a Visitor or a Member.
This Agreement constitutes Your agreement with Aspieology with respect to Your use of the Service. You must abide by all of the terms and conditions of the Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at our discretion and at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict Your access to parts or all of the Service without notice or liability and for any reason.
You agree that our service is not a dating service. It is merely a venue for our members to interact. Aspieology does not match you with other members. Aspieology does not offer any guarantees, either express or implied, that you will date, marry, or otherwise have any relationship of any kind with other members. You are solely responsible for your interactions with other members. You understand that Aspieology currently does not conduct criminal background checks on its members. Aspieology also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. Aspieology makes no representations or warranties as to the conduct of members or their compatibility with any current or future members. Regardless, Aspieology reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. You agree to take reasonable precautions in all interactions with other members of the service, particularly if you decide to meet offline or in person. In addition, you agree to review our dating safety tips prior to using the service. You should not provide your financial information (for example, your credit card or bank account information) to other members in no event shall we be liable for direct, indirect, consequential, special, exemplary, or other damages related to your use of our service, including but not limited to your interactions with other members.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You.
You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
You will not forward chain letters through the Service.
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You will not post messages, pictures or recordings or use the Service in any way that (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. Parties responsible for the distribution, promotion or publication of any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay Aspieology One Thousand US Dollars ($1000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, Aspieology, its systems, or any other members' systems in any way.
You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.
You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
MONITORING OF INFORMATION
We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit our website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, see www.aboutads.info/choices.
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.
REMOVAL OF INFORMATION
We do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
You are responsible for maintaining the confidentiality of Your username and password, and You should not allow anyone to use Your password to access any Services. 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. You agree to immediately notify Aspieology of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ASPIEOLOGY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. ASPIEOLOGY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. ASPIEOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. ASPIEOLOGY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL ASPIEOLOGY 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 DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT ASPIEOLOGY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the External Links at Your sole risk and that Aspieology shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
By using External Links, You acknowledge and agree that Aspieology is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. Aspieology does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any External Links or for any other materials, products, or services of third parties.
You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that Aspieology shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
PAID MEMBERSHIPS AND PAID FEATURES
In addition to the free services provided on the Website, Paid Memberships (for example, the Aspieology Plus Pass Membership) and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
Billing and Payment
Aspieology will use the credit card information You provide to bill You for goods and services. By registering for the Paid Memberships or Paid Features and providing Your credit card details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.
Paid Memberships are subscriptions. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period, at the price You agreed to when subscribing. You agree that Your account will be subject to this automatic renewal feature. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to Your Settings page and opt out of automatic renewal of Your purchase. If You opt out of automatic renewal after Your purchase, You may use Your subscription until the end of Your then-current subscription term; Your subscription will not be renewed after Your then-current term expires. You won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, You authorize Aspieology to bill the credit card You provided now and again at the beginning of any subsequent subscription period. You also authorize Aspieology to charge You for any sales or similar taxes that may be imposed on Your subscription payments.
Free Trials and Other Promotions
Any free trial or other promotion that provides Subscription access to the Service must be used within the specified time of the trial. You must cancel your Subscription before the end of the specified trial period in order to avoid being charged for the Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription, please contact us to have the charges reversed.
Reaffirmation of Authorization
Your non-termination or continued use of the Paid Memberships reaffirms that Aspieology is authorized to charge the credit card information provided. Aspieology may submit those charges for payment and You will be responsible for such charges. This does not waive Aspieology’s right to seek payment directly from You. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when You initially subscribed to the Paid Memberships.
Termination of Services for Non-Payment
Where payment is required for a Paid Membership or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.
Cancellation of Services
You may cancel your Subscription at any time. If you cancel your Subscription, your account will be returned to a non-paying status at the end of your current Subscription period. You will lose access to all Subscription-level functionality at that time, which may include, but is not limited to, access to messages and other Content that are only available to Members who have current Subscriptions. Paid Memberships and/or Paid Features cannot be transferred to any other account.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.
For Paid Membership subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the Paid Membership subscription begins. Please note that this 14-day period commences when the subscription starts.
For Paid Membership subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. 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 the services of Aspieology) 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 the company notice in the same manner as you request a refund as described below.
PURCHASES OF VIRTUAL ITEMS ARE FINAL AND NON-REFUNDABLE.
To request a refund:
To request a refund, send Your request to: [email protected] including the following information: Your full name, current address, phone number, username, and email address
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that any material or content distributed by Aspieology constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website; Your address, telephone number and email address; a written 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; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
The above information must be submitted to the following DMCA Agent:Copyright Agent: Poets Of Pixel, LLC 4050 Brant St, # 7, San Diego, California 92103 [email protected]
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW. ASPIEOLOGY PROVIDES ON-LINE PERSONAL DATING SERVICES AND TOOLS TO SINGLES AND OTHER SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION. ASPIEOLOGY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY ASPIEOLOGY IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY ASPIEOLOGY, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. 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.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ASPIEOLOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY ASPIEOLOGY AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER ASPIEOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
You hereby agree to indemnify, defend and hold harmless Aspieology and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Aspieology reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
ARBITRATION; GOVERNING LAW
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 Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website 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 the Company (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, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. 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. For details on the arbitration process, see our Arbitration Procedures.
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. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in San Diego County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of Aspieology. Aspieology may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.