Last Updated: May 2012
Welcome and Introduction to Tawkify
Welcome to Tawkify, we're so glad you stopped by! Tawkify is a service that uses the brilliant match-making instincts of E. Jean Carroll and Kenneth Shaw, as well as your Klout score, to discover the perfect dating match. After E. Jean and Kenneth have worked tirelessly day and night to find your match, the introduction is made over the phone. Et voila, amorous fireworks erupt and the rest is history, at least that is what we at Tawkify strive for! We cannot wait to find a match for you, but we first need to do a bit of legal housekeeping.
Illegal and Unauthorized Use
Your Account Security
You are responsible for keeping your password for the Website confidential. You are fully responsible for all actions and activities that occur under your username and password. Tawkify will not be held liable for any damage or loss arising from your inability to comply with this provision. To help keep your username and password secure and confidential, we recommend that you exit from your account at the end of each session, especially when on a public machine. If you feel that your username and password have been breached, or that your account has had unauthorized use, you agree to immediately notify Tawkify.
Communication and Privacy
Interactions with Other Users
You are fully and solely responsible for your communications and interactions with other users. You agree and understand that Tawkify is not obligated to review the backgrounds of its users, or to screen users. Tawkify makes no guarantees, warranties, or representations as to the actions or conduct of its users. Tawkify makes no guarantees as to number or frequency of matches made through your use of the Services. Also, we do not guarantee, warrant, endorse, or imply compatibility with any current or future users. In absolutely no event shall Tawkify be liable for any damages resulting from messages, communications, meetings, or actions with other visitors and users of the Services. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with other users of the Services; this is especially important if You decide to meet in person. In absolutely no event shall Tawkify be held liable for any damages, in any form, whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services. This includes, without limitation, that we will not be held liable for any mental instability, emotional distress, or bodily injury whether indirect, direct, incidental, accidental arising out of or relating to conduct of you or anyone else in connection with the Services.
You are solely responsible for your communications and interactions with other users. We reserve the right to, but have no obligation to, monitor arguments and disputes between you and other users of the Services.
The following is a list of rules that govern your conduct in connection with your use of the Services. You agree to abide by these rules, which include, but are not limited to:
Content Provided by You
You are fully and solely responsible for all of the Content that You provide, publish, display, or upload in connection with your use of the Services. You are also fully and solely responsible for any Content that you provide or transmit to other users. You agree that you will not provide any inaccurate, misleading or false information to Tawkify or any other user. If information provided to Tawkify or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Tawkify of such change.
All information you provide to us must be accurate, current and complete. You absolutely will not use the Services to provide, display, or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material. Also, you absolutely will not provide, publish, display, or transmit any material that infringes or violates another party's rights (not limited to, but including intellectual property rights, rights of privacy, and copyright rights).
By providing Content to Tawkify, you are granting, and represent and warrant that you have the right to grant Tawkify, an irrevocable, continuing, non-exclusive, fully paid, worldwide license to use, integrate in other works, copy, alter, display, reproduce and market such Content. You agree that use of such Content by Tawkify in public postings, marketing uses, and other areas will not infringe or violate the rights of any third party.
Copyright, Trademarks, and Other Proprietary Information
You agree not to post, publish, display, reproduce, or transmit in absolutely any manner any copyrighted Content, copyrighted material, trademarks, intellectual property, or other proprietary information without first having obtained prior consent of the owner of the rights to such proprietary information. If you believe that someone or some entity has copied or posted your work or proprietary information in association with Tawkify and its Services, in an unauthorized manner that constitutes infringement of copyright, please give our Copyright Agent the following information:
A written statement made by you, under penalty of perjury, that the information in your copyright claim is completely accurate and that you are in fact the rightful copyright owner, or that you have authorized consent to act on the copyright owner's behalf.
Send claims to:
Tawkify, Inc. Copyright Agent
370 7th St. Unit 10
San Francisco, CA 94103
Our Proprietary Rights
Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of Tawkify. We own and retain absolutely all proprietary rights of the Website and its Services. You agree that you cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information, unless, of course, the information is in the public domain or we have given you explicit written permission.
Tawkify is not responsible for any inaccurate or incorrect Content that is provided or transmitted by our users, or associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are not responsible for any errors or delays in communications between users. We are not responsible for the Content of messages, or in-person communications, between users. We are also not responsible for any unauthorized access to the accounts of our users. Tawkify is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services.
As confident as we are in our match-making abilities, Tawkify does not guarantee that using the Services will result in meeting someone offline or online, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. Tawkify does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
Limitation of Liability
YOU UNDERSTAND AND AGREE TO USE THE WEBSITE AND ITS RELATED SERVICES AT YOUR OWN RISK. TAWKIFY'S 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.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TAWKIFY, 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 TAWKIFY AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE TAWKIFY SERVICES 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 TAWKIFY 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.
Links to Third Parties and External Sites
At times, Tawkify may post, publish, display, or transmit links to other websites, information, or other resources on the Internet, including, but not limited to Klout, Twitter and PayPal. You understand and agree that Tawkify is not liable or responsible for any of the Content, information, availability, products, services, or goods on any linked-to external website or linked-to resources that a user might visit or use.
Termination or Modifications
Tawkify reserves the right, whenever, to end, discontinue, terminate, temporarily or permanently stop in part or in full the Website and Services, with or without notice. You are agreeing that Tawkify shall not be liable to you or any other party for ending, discontinuing, suspending, terminating or permanently stopping the Website or Services. Tawkify reserves the right to modify the Website whenever we choose, at our sole discretion.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to the Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
© Copyright 2013 Tawkify, Inc.