Terms of Service
The Zero Date Terms of Service
Last updated: September 20, 2022
Effective: September 20, 2022
Welcome to the Zero date! By clicking “Accept” or using the Zero date, you are entering into an agreement with Twinship, Inc. (“the Zero date ”, “us”, “we”, “our”), under which you will be bound by the following terms of use (the “Terms of Use”), as updated from time to time in accordance with Section 2. The term “you” or “User” refers to the person browsing, accessing or otherwise using the Zero date (“use” or “using” in these Terms of Use will mean any of the foregoing).
These Terms of Use will govern your access to and use of: (a) our website located at http://thezerodate.com/ (“the Zero date Website”); (b) any mobile device software provided by us to you, including our mobile application titled the Zero date ( “the Zero date Mobile Application”); (c) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) or (b); and (d) all other Content, products or services provided by us to you, as more particularly described on the Zero date Website, The Web Application, and the Zero date IOS and Android Mobile Application (collectively, “the Zero date”).
If you do not agree to be bound by these Terms of Use, or other referenced agreements or documentation, you must cease to access or use the Zero date.
1. The Zero date Rules
These Terms and Conditions apply to your access to and use of the Zero date. Subject to your compliance with these Terms of Use, you may only use the Zero date in accordance with any rules or guidelines we make available to you. You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. Changes to these Terms of Use and the Zero date
(a) Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Zero date Website. When we change these Terms of Use, we may, at our discretion, place a notice on the Zero date Website, send you an email, or notify you by some other means, including as required by applicable law. We may also update the “Last Updated” date at the top of these Terms of Use. Your continued access to or use of the Zero date after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to change the Zero date at any time, without notice. We may, at our discretion, suspend your access to or use of the Zero date or any component thereof:
(i) for scheduled maintenance;
(ii) if you violate any provision of these Terms of Use; or
(iii) to address any emergency security concerns.
3. Eligibility to Use the Zero date
By using, and in order to be eligible to use, the Zero date, you must, and represent and warrant that you:
(a) have reached the age of majority in your jurisdiction;
(b) have the right and authority to enter into these Terms of Use and to grant all rights granted by you in these Terms of Use;
(c) are not prohibited by law from accessing the Zero date;
(d) have not been found guilty of or plead no contest to any criminal offense, including any offense of a criminal or sexual nature;
(e) are not a registered sex offender or required to register as a sex offender with any provincial, federal or local registry;
(f) do not have more than one account on the Zero date; and
(g) have not previously had your access to the Zero date revoked by us, unless we have given you express written permission to create a new account.
You must immediately cease to use the Zero date if you no longer meet these requirements.
4. User Account
(a) In order to use the Zero date, you may be required to successfully sign up for a user account using the available interfaces of the Zero date. You may be required to provide your phone number or email address (the “User ID”), which will form the credentials you will use to access your user account. You will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
(b) You must monitor and control all activity conducted through your user account in connection with the Zero date and promptly notify us if you become aware of or reasonably suspect a security breach involving your user account, including any loss, theft or unauthorized disclosure or use of your User ID.
(c) You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Zero date.
(d) We reserve the right to disable your User ID at any time at our sole discretion. If we disable access to your User ID, you may be prevented from accessing the Zero date (or any portion thereof).
(e) You must not use anyone else’s User ID at any time, without the permission of the User ID holder, or attempt, in any manner, to obtain the account or other security information from any other user.
5. Your Responsibilities and Compliance with Community Rules
(a) Please review our current community rules available at (“Community Rules”) which contains important information about our guidelines and rules for the Zero date, and which is hereby incorporated into and forms a part of these Terms of Use, and governs your conduct on the Zero date. You agree to comply with our Community Rules at all times when using the Zero date.
(b) In addition to complying with our Community Rules, you will:
(i) act in a respectful manner towards other users;
(ii) not use the Zero date or Content to stalk, harass, bully, intimidate, defame, mistreat or harm another individual, or use the Zero date or Content for any illegal purpose;
(iii) not misrepresent information about yourself, including your identity, age, present or past positions, qualifications or affiliations;
(iv) not represent, explicitly or impliedly, that the Zero date has endorsed any statements made by you;
(v) not solicit passwords for any purpose, or personal information for commercial or illegal purposes from other users or disseminate another person’s personal information without their permission;
(vi) not solicit money or other valuable items from another user;
(vii) not publish, market, advertise or in any way distribute the Content;
(viii) not copy, modify, transmit, disseminate or create derivative works from any Content or any intellectual property, content or proprietary information accessed through the Zero date, without our prior written consent;
(ix) not use the Zero date for the purpose of building a similar or competitive product or service;
(x) not use the Zero date in relation to fraud or any other similar practice;
(xi) not use the Zero date or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services or promotion of any website, or use any paid advertising platform to promote links that direct to the Zero date domain or use the Zero date trademark;
(xii) not attempt to gain unauthorized access to the Zero date, or bypass any measures we may use to prevent or restrict access to the Zero date;
(xiii) not disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Zero date (e.g., a denial of service attack);
(xiv) not use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Zero date or any part thereof or otherwise attempt to discover any source code;
(xv) not run any form of auto-responder or “spam” on the Zero date, or any processes that run or are activated while you are not logged into the Zero date;
(xvi) not use or develop any third-party applications that interact with the Zero date, Content or other information contained on the Zero date, without our prior written consent;
(xvii) not mirror or frame the Zero date or any Content; and
(xviii) not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Zero date any data, information, pictures, videos, audio or other materials or content that:
(A) is, or is likely to be deemed, libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, offensive, upsetting, annoying or alarming to any other person;
(B) contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(C) is false, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience;
(D) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;
(E) includes the image or likeness of another person without their consent (or if the person is a minor, the consent of their parent or guardian), or is an image or likeness of a minor unaccompanied by their parent or guardian;
(F) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(G) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others;
(H) the submission of which, in itself, constitutes committing a criminal offense;
(I) is connected with commercial activities, including sales, advertising, promotions, and solicitation for services, links to other websites or premium line telephone numbers; or
(J) could harm the reputation of the Zero date or it’s affiliates.
You will not authorize, permit, enable, induce or encourage any third party to do any of the above.
6. Your Content
(a) You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Zero date (collectively, “Your Content”):
(i) to develop, enhance and make available the Zero date; and
(ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information during and after the Term for any purpose and without obligations of any kind.
(b) You understand that Your Content will be visible by other users of the Zero date and such other users may share Your Content with third parties, notwithstanding these Terms of Use. Accordingly, you agree that you will use your own judgement when providing us with Your Content.
(c) We reserve the right to remove, edit, limit, or block access to Your Content from the Zero date at any time, and we have no obligation to display or review Your Content.
7. Connecting after the initial Zero date
Exchanging phone numbers by way of “mutual heart” after a date as a way to communicate after the initial Zero date, you must, and represent and warrant that you:
(a) have a direct relationship with the recipient(s);
(b) are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages);
(c) are acting within the law and that you have prior consent from the recipient(s) to send them such message(s);
(d) are acting as the sender of the message(s);
(e) understand that the Zero date is only acting at your direction, when you opt in to heart the person as a way to exchange phone numbers or social media information, and that you are solely responsible for the sending of message(s), calling, or otherwise communicating after the initial Zero date;
(f) will not send more than one message to a single recipient; and
(g) will use the mutual heart feature in accordance with these Terms and Community Rules.
8. Privacy
You acknowledge that you have carefully reviewed and understand our current Privacy Policy, available at http://thezerodate.com/privacypolicy , which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”).
9. Content Shared by Other Users
Content originating from other users will also be shared on the Zero date. While you may view such Content as part of the Zero date, you do not have any right in relation to such Content shared by other users, including the right to copy the Content.
10. Reporting of Inappropriate Content
the Zero date does not condone any inappropriate Content or misconduct and encourages all users to report any inappropriate Content or misconduct by other users by submitting an email to us at: hello@thezerodate.com
11. Payment Terms
While there is no cost to use the Zero date as of the current date, we reserve the right to charge fees at a later date, including for certain features and functionality within the Zero date. It is your responsibility to check these Terms of Use regularly.
12. Promotional Offers
We may run promotional offers from time to time on the Zero date. The terms of any such promotion will be posted on the Zero date. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.
13. Ownership of the Zero date
(a) All right, title and interest, including intellectual property rights, in the Zero date, all Aggregated Statistical Information and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of the Zero date.
(b) The Zero date and all materials provided by us hereunder are made available or licensed, and not “sold” to you.
(c) All rights not expressly granted to you in these Terms of Use are reserved by the Zero date.
14. License to the Zero date Mobile Application
Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the Zero date Mobile Application in accordance with these Terms of Use.
15. Copyright Policy and Complaints
Twinship, Inc. respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its Digital Services and Social Media Channels of materials that infringe the rights of copyright holders. If you believe that any material on our Digital Services or Social Media Channels infringes upon any copyright that you own or control, please provide Twinship Inc.’s Copyright Agent the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party;
(b) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(c) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Twinship’s Copyright Agent for notice of claims of copyright infringement on or regarding the Digital Services or our Social Media Channels can be reached as follows: hello@thezerodate.com
Counter-Notice:
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Twinship Inc.’s Copyright Agent: hello@thezerodate.com
(a) Your physical or electronic signature;
(b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the northern district of California, United States and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Twinship Inc.’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Twinship, Inc.’s sole discretion.
16. Feedback
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, or publish, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Zero date or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
17. Push Notifications
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Zero date services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@thezerodate.com.
18. Third Party Content, Websites or Services
the Zero date may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Zero date from third party systems. The Zero date does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under the Zero date ’s control, and if you choose to access any such content, websites, services or to access the Zero date from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use. Your interactions with individuals found on or through the Zero date, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You agree that, to the fullest extent permitted by applicable law, the Zero date is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
The Zero date has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to the Zero date’s Copyright Agent as identified below, including the following:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to the Zero date Copyright Agent at:
hello@thezerodate.com
20. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE ZERO DATE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE ZERO DATE. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
21. Limitation of Liability
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
22. Indemnification
All the actions you make and information you post on the Zero date remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify the Zero date for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
23. Term and Termination; Survival
(a) These Terms of Use will commence on the day you first acknowledge your acceptance (e.g. by clicking “Accept”) or otherwise access or use the Zero date and will continue until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, the Zero date may:
(i) suspend or terminate your rights to access or use the Zero date, including suspending or terminating your account; or
(ii) terminate these Terms of Use, including if the Zero date, in good faith, believes that you have used the Zero date in violation of these Terms of Use or have engaged in activity or behavior that the Zero date regards as inappropriate or unlawful, on or off of the Zero date. You may terminate these Terms of Use at any time by providing us with written notice, deleting your account, ceasing use of the Zero date and uninstalling and deleting the Zero date Mobile Application. For certainty, if you continue to use any portion of the Zero date after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 6 (Your Content), 7 (Privacy), 13 (Ownership of the Zero date), 14 (Third Party Content, Websites or Services), 17 (General Disclaimer), 18 (Disclaimer Regarding Content), 19 (Disclaimer Regarding Criminal Background, Identity Verification Checks and User Safety), 20 (Limitation of Liability), 21 (Indemnification), 22(b) (Survival), and 23 (General Provisions).
24. Choice of Law
DISPUTE RESOLUTION:
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in subsection 7 below, this agreement requires you to arbitrate disputes with Twinship, Inc. and limits the manner in which you seek relief from us.
1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any dispute or claim relating to your use of our App or any other aspect of your relationship with Twinship, Inc. It requires that, and by entering into these Terms you agree, that such claims will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Twinship, Inc. may seek equitable relief in court for infringement or misuse of intellectual property rights.
2. How Do You Start The Arbitration Process? To begin the arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: 651 N Broad St, Suite 206, City of Middletown, County of New Castle, Delaware 19709.
3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitrator forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.
4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
5. No Jury Trials. By agreeing to arbitration, YOU AND TWINSHIP, INC. ARE EACH AGREEING TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and Twinship, Inc. are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in sections above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco County, California. All other claims shall be arbitrated.
7. 31-Day Right to Opt. This opt out section does not apply to new members after January 18, 2021. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: hello@thezerodate.com, within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your user ID (if any), the email address you used to set up your Zero date account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
8. Severability. Except as provided in certain sections of this agreement, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Twinship, Inc. has ended.
GOVERNING LAW AND FORUM:
Subject to Dispute Resolution Rules stated above, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with Twinship, Inc., and these Terms are governed and interpreted by the laws of the State of California. All claims arising out of or relating to these Terms and/or your relationship with the Twinship, Inc., that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of San Francisco County, California. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
25. Apple App Store Additional License Terms
If the Zero date Mobile Application is provided to you through the App store. (Apple Inc. together with all of its affiliates, “Apple”), the following terms and conditions apply to you in addition to all of the other terms and conditions of these Terms of Use:
The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Zero date Mobile Application and website and content thereof is governed by these Terms of Use.
Notwithstanding anything to the contrary hereunder, you may use the Zero date Mobile Application or website only on an iPhone or iPad that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Zero date Mobile Application.
In the event of any failure of the Zero date Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Zero date Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Zero date Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
Any claim in connection with the Zero date Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
Any third party claim that the Zero date Mobile Application or your possession and use of the Zero date Mobile Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
You represent and warrant that you are not: (i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us via email regarding any notices, questions, complaints or claims with respect to the Zero date Mobile Application.
Email Address: hello@thezerodate.com
Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
26. Google Play
If the Zero date Mobile Application is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Zero date Mobile Application. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Twinship, Inc.
The Terms constitute a binding legal agreement between you as user (“you”) and the Twinship, Inc. (“we” or “us”). Twinship, Inc. includes, but is not limited to, The Zero Date (a Delaware corporation).
Effective date: September 20, 2022
The Terms were last updated on: September 20, 2022
Last updated: September 20, 2022
Effective: September 20, 2022
Welcome to the Zero date! By clicking “Accept” or using the Zero date, you are entering into an agreement with Twinship, Inc. (“the Zero date ”, “us”, “we”, “our”), under which you will be bound by the following terms of use (the “Terms of Use”), as updated from time to time in accordance with Section 2. The term “you” or “User” refers to the person browsing, accessing or otherwise using the Zero date (“use” or “using” in these Terms of Use will mean any of the foregoing).
These Terms of Use will govern your access to and use of: (a) our website located at http://thezerodate.com/ (“the Zero date Website”); (b) any mobile device software provided by us to you, including our mobile application titled the Zero date ( “the Zero date Mobile Application”); (c) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) or (b); and (d) all other Content, products or services provided by us to you, as more particularly described on the Zero date Website, The Web Application, and the Zero date IOS and Android Mobile Application (collectively, “the Zero date”).
If you do not agree to be bound by these Terms of Use, or other referenced agreements or documentation, you must cease to access or use the Zero date.
1. The Zero date Rules
These Terms and Conditions apply to your access to and use of the Zero date. Subject to your compliance with these Terms of Use, you may only use the Zero date in accordance with any rules or guidelines we make available to you. You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. Changes to these Terms of Use and the Zero date
(a) Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Zero date Website. When we change these Terms of Use, we may, at our discretion, place a notice on the Zero date Website, send you an email, or notify you by some other means, including as required by applicable law. We may also update the “Last Updated” date at the top of these Terms of Use. Your continued access to or use of the Zero date after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to change the Zero date at any time, without notice. We may, at our discretion, suspend your access to or use of the Zero date or any component thereof:
(i) for scheduled maintenance;
(ii) if you violate any provision of these Terms of Use; or
(iii) to address any emergency security concerns.
3. Eligibility to Use the Zero date
By using, and in order to be eligible to use, the Zero date, you must, and represent and warrant that you:
(a) have reached the age of majority in your jurisdiction;
(b) have the right and authority to enter into these Terms of Use and to grant all rights granted by you in these Terms of Use;
(c) are not prohibited by law from accessing the Zero date;
(d) have not been found guilty of or plead no contest to any criminal offense, including any offense of a criminal or sexual nature;
(e) are not a registered sex offender or required to register as a sex offender with any provincial, federal or local registry;
(f) do not have more than one account on the Zero date; and
(g) have not previously had your access to the Zero date revoked by us, unless we have given you express written permission to create a new account.
You must immediately cease to use the Zero date if you no longer meet these requirements.
4. User Account
(a) In order to use the Zero date, you may be required to successfully sign up for a user account using the available interfaces of the Zero date. You may be required to provide your phone number or email address (the “User ID”), which will form the credentials you will use to access your user account. You will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.
(b) You must monitor and control all activity conducted through your user account in connection with the Zero date and promptly notify us if you become aware of or reasonably suspect a security breach involving your user account, including any loss, theft or unauthorized disclosure or use of your User ID.
(c) You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Zero date.
(d) We reserve the right to disable your User ID at any time at our sole discretion. If we disable access to your User ID, you may be prevented from accessing the Zero date (or any portion thereof).
(e) You must not use anyone else’s User ID at any time, without the permission of the User ID holder, or attempt, in any manner, to obtain the account or other security information from any other user.
5. Your Responsibilities and Compliance with Community Rules
(a) Please review our current community rules available at (“Community Rules”) which contains important information about our guidelines and rules for the Zero date, and which is hereby incorporated into and forms a part of these Terms of Use, and governs your conduct on the Zero date. You agree to comply with our Community Rules at all times when using the Zero date.
(b) In addition to complying with our Community Rules, you will:
(i) act in a respectful manner towards other users;
(ii) not use the Zero date or Content to stalk, harass, bully, intimidate, defame, mistreat or harm another individual, or use the Zero date or Content for any illegal purpose;
(iii) not misrepresent information about yourself, including your identity, age, present or past positions, qualifications or affiliations;
(iv) not represent, explicitly or impliedly, that the Zero date has endorsed any statements made by you;
(v) not solicit passwords for any purpose, or personal information for commercial or illegal purposes from other users or disseminate another person’s personal information without their permission;
(vi) not solicit money or other valuable items from another user;
(vii) not publish, market, advertise or in any way distribute the Content;
(viii) not copy, modify, transmit, disseminate or create derivative works from any Content or any intellectual property, content or proprietary information accessed through the Zero date, without our prior written consent;
(ix) not use the Zero date for the purpose of building a similar or competitive product or service;
(x) not use the Zero date in relation to fraud or any other similar practice;
(xi) not use the Zero date or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services or promotion of any website, or use any paid advertising platform to promote links that direct to the Zero date domain or use the Zero date trademark;
(xii) not attempt to gain unauthorized access to the Zero date, or bypass any measures we may use to prevent or restrict access to the Zero date;
(xiii) not disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Zero date (e.g., a denial of service attack);
(xiv) not use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Zero date or any part thereof or otherwise attempt to discover any source code;
(xv) not run any form of auto-responder or “spam” on the Zero date, or any processes that run or are activated while you are not logged into the Zero date;
(xvi) not use or develop any third-party applications that interact with the Zero date, Content or other information contained on the Zero date, without our prior written consent;
(xvii) not mirror or frame the Zero date or any Content; and
(xviii) not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Zero date any data, information, pictures, videos, audio or other materials or content that:
(A) is, or is likely to be deemed, libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, offensive, upsetting, annoying or alarming to any other person;
(B) contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
(C) is false, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience;
(D) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;
(E) includes the image or likeness of another person without their consent (or if the person is a minor, the consent of their parent or guardian), or is an image or likeness of a minor unaccompanied by their parent or guardian;
(F) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(G) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others;
(H) the submission of which, in itself, constitutes committing a criminal offense;
(I) is connected with commercial activities, including sales, advertising, promotions, and solicitation for services, links to other websites or premium line telephone numbers; or
(J) could harm the reputation of the Zero date or it’s affiliates.
You will not authorize, permit, enable, induce or encourage any third party to do any of the above.
6. Your Content
(a) You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Zero date (collectively, “Your Content”):
(i) to develop, enhance and make available the Zero date; and
(ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information during and after the Term for any purpose and without obligations of any kind.
(b) You understand that Your Content will be visible by other users of the Zero date and such other users may share Your Content with third parties, notwithstanding these Terms of Use. Accordingly, you agree that you will use your own judgement when providing us with Your Content.
(c) We reserve the right to remove, edit, limit, or block access to Your Content from the Zero date at any time, and we have no obligation to display or review Your Content.
7. Connecting after the initial Zero date
Exchanging phone numbers by way of “mutual heart” after a date as a way to communicate after the initial Zero date, you must, and represent and warrant that you:
(a) have a direct relationship with the recipient(s);
(b) are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages);
(c) are acting within the law and that you have prior consent from the recipient(s) to send them such message(s);
(d) are acting as the sender of the message(s);
(e) understand that the Zero date is only acting at your direction, when you opt in to heart the person as a way to exchange phone numbers or social media information, and that you are solely responsible for the sending of message(s), calling, or otherwise communicating after the initial Zero date;
(f) will not send more than one message to a single recipient; and
(g) will use the mutual heart feature in accordance with these Terms and Community Rules.
8. Privacy
You acknowledge that you have carefully reviewed and understand our current Privacy Policy, available at http://thezerodate.com/privacypolicy , which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”).
9. Content Shared by Other Users
Content originating from other users will also be shared on the Zero date. While you may view such Content as part of the Zero date, you do not have any right in relation to such Content shared by other users, including the right to copy the Content.
10. Reporting of Inappropriate Content
the Zero date does not condone any inappropriate Content or misconduct and encourages all users to report any inappropriate Content or misconduct by other users by submitting an email to us at: hello@thezerodate.com
11. Payment Terms
While there is no cost to use the Zero date as of the current date, we reserve the right to charge fees at a later date, including for certain features and functionality within the Zero date. It is your responsibility to check these Terms of Use regularly.
12. Promotional Offers
We may run promotional offers from time to time on the Zero date. The terms of any such promotion will be posted on the Zero date. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.
13. Ownership of the Zero date
(a) All right, title and interest, including intellectual property rights, in the Zero date, all Aggregated Statistical Information and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of the Zero date.
(b) The Zero date and all materials provided by us hereunder are made available or licensed, and not “sold” to you.
(c) All rights not expressly granted to you in these Terms of Use are reserved by the Zero date.
14. License to the Zero date Mobile Application
Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the Zero date Mobile Application in accordance with these Terms of Use.
15. Copyright Policy and Complaints
Twinship, Inc. respects the rights of all copyright holders and has adopted and implemented a policy that provides for the removal from its Digital Services and Social Media Channels of materials that infringe the rights of copyright holders. If you believe that any material on our Digital Services or Social Media Channels infringes upon any copyright that you own or control, please provide Twinship Inc.’s Copyright Agent the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party;
(b) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(c) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Twinship’s Copyright Agent for notice of claims of copyright infringement on or regarding the Digital Services or our Social Media Channels can be reached as follows: hello@thezerodate.com
Counter-Notice:
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to Twinship Inc.’s Copyright Agent: hello@thezerodate.com
(a) Your physical or electronic signature;
(b) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the northern district of California, United States and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Twinship Inc.’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Twinship, Inc.’s sole discretion.
16. Feedback
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, or publish, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Zero date or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
17. Push Notifications
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Zero date services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at hello@thezerodate.com.
18. Third Party Content, Websites or Services
the Zero date may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Zero date from third party systems. The Zero date does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under the Zero date ’s control, and if you choose to access any such content, websites, services or to access the Zero date from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use. Your interactions with individuals found on or through the Zero date, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You agree that, to the fullest extent permitted by applicable law, the Zero date is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
The Zero date has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to the Zero date’s Copyright Agent as identified below, including the following:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to the Zero date Copyright Agent at:
hello@thezerodate.com
20. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE ZERO DATE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE ZERO DATE. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
21. Limitation of Liability
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
22. Indemnification
All the actions you make and information you post on the Zero date remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the App;
the uploading or submission of Content to the App by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify the Zero date for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
23. Term and Termination; Survival
(a) These Terms of Use will commence on the day you first acknowledge your acceptance (e.g. by clicking “Accept”) or otherwise access or use the Zero date and will continue until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, the Zero date may:
(i) suspend or terminate your rights to access or use the Zero date, including suspending or terminating your account; or
(ii) terminate these Terms of Use, including if the Zero date, in good faith, believes that you have used the Zero date in violation of these Terms of Use or have engaged in activity or behavior that the Zero date regards as inappropriate or unlawful, on or off of the Zero date. You may terminate these Terms of Use at any time by providing us with written notice, deleting your account, ceasing use of the Zero date and uninstalling and deleting the Zero date Mobile Application. For certainty, if you continue to use any portion of the Zero date after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
(b) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 6 (Your Content), 7 (Privacy), 13 (Ownership of the Zero date), 14 (Third Party Content, Websites or Services), 17 (General Disclaimer), 18 (Disclaimer Regarding Content), 19 (Disclaimer Regarding Criminal Background, Identity Verification Checks and User Safety), 20 (Limitation of Liability), 21 (Indemnification), 22(b) (Survival), and 23 (General Provisions).
24. Choice of Law
DISPUTE RESOLUTION:
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in subsection 7 below, this agreement requires you to arbitrate disputes with Twinship, Inc. and limits the manner in which you seek relief from us.
1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any dispute or claim relating to your use of our App or any other aspect of your relationship with Twinship, Inc. It requires that, and by entering into these Terms you agree, that such claims will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or Twinship, Inc. may seek equitable relief in court for infringement or misuse of intellectual property rights.
2. How Do You Start The Arbitration Process? To begin the arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: 651 N Broad St, Suite 206, City of Middletown, County of New Castle, Delaware 19709.
3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at http://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitrator forum. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.
4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
5. No Jury Trials. By agreeing to arbitration, YOU AND TWINSHIP, INC. ARE EACH AGREEING TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and Twinship, Inc. are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in sections above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in San Francisco County, California. All other claims shall be arbitrated.
7. 31-Day Right to Opt. This opt out section does not apply to new members after January 18, 2021. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: hello@thezerodate.com, within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your user ID (if any), the email address you used to set up your Zero date account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
8. Severability. Except as provided in certain sections of this agreement, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Twinship, Inc. has ended.
GOVERNING LAW AND FORUM:
Subject to Dispute Resolution Rules stated above, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with Twinship, Inc., and these Terms are governed and interpreted by the laws of the State of California. All claims arising out of or relating to these Terms and/or your relationship with the Twinship, Inc., that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of San Francisco County, California. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
25. Apple App Store Additional License Terms
If the Zero date Mobile Application is provided to you through the App store. (Apple Inc. together with all of its affiliates, “Apple”), the following terms and conditions apply to you in addition to all of the other terms and conditions of these Terms of Use:
The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Zero date Mobile Application and website and content thereof is governed by these Terms of Use.
Notwithstanding anything to the contrary hereunder, you may use the Zero date Mobile Application or website only on an iPhone or iPad that you own or control.
You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Zero date Mobile Application.
In the event of any failure of the Zero date Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Zero date Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Zero date Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
Any claim in connection with the Zero date Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
Any third party claim that the Zero date Mobile Application or your possession and use of the Zero date Mobile Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
You represent and warrant that you are not: (i) located in any 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You may contact us via email regarding any notices, questions, complaints or claims with respect to the Zero date Mobile Application.
Email Address: hello@thezerodate.com
Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
26. Google Play
If the Zero date Mobile Application is provided to you through Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Zero date Mobile Application. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Twinship, Inc.
The Terms constitute a binding legal agreement between you as user (“you”) and the Twinship, Inc. (“we” or “us”). Twinship, Inc. includes, but is not limited to, The Zero Date (a Delaware corporation).
Effective date: September 20, 2022
The Terms were last updated on: September 20, 2022