Terms of Use
Last Modified: September 25, 2026
THESE TERMS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND BLACK CAP AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.
Introduction:
These Terms of Use are entered into by and between you and Black Cap Holdings, LLC (“Black Cap,” “Company,” “we,” or “us”) The following Terms of Use, together with any documents they incorporate by reference (collectively, the “Terms”), govern your access to and use our website, mobile application, and related services, including:
Jdate at jdate.com;
JSwipe at jswipeapp.com;
Christian Mingle at christianmingle.com;
Zoosk at zoosk.com, and
LDS Singles at ldssingles.com
and all related websites, subdomains, applications (“apps”), app tools, software, or other services (collectively, the “Platform(s)”). Please read these Terms carefully before you start to use the Platform(s).
By using the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you HEREBY EXPLICITLY accept and agree to be bound and abide by these Terms and our Privacy Policy, which is linked here: Privacy Policy and is incorporated herein by reference in its entirety.
This Platform is only offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Black Cap.
If you do not or cannot agree to these Terms or the Privacy Policy, you must not access or use the Platform.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Platform and Account Security
We reserve the right to remove, withdraw, or change this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. We are not responsible for any outages or interruptions from downtime.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate, up to date, and complete. You agree that all information you provide to us, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
User Safety and Conduct Standards.
We are committed to fostering a safe and respectful environment for all users. Our comprehensive Online Dating Safety Policy sets forth detailed safety guidelines, reporting mechanisms, and best practices for secure interactions both online and offline. Users are strongly encouraged to review the Safety Policy before engaging with other members. While we implement safety features and moderation tools to promote user protection, you acknowledge and agree that Black Cap does not conduct criminal background checks or identity verification on users, does not guarantee the accuracy of user-provided information, and cannot control user conduct on or off the platform.
You are solely responsible for your interactions with other users and for exercising appropriate judgment and caution.
Black Cap expressly disclaims all liability for any harm, injury, loss, or damage, whether physical, emotional, financial, or otherwise, arising from your use of the Service or interactions with other users, including but not limited to in-person meetings, offline conduct, misrepresentation by users, or failure of users to comply with the Safety Policy. By using this Service, you assume all risks associated with online dating and agree to hold Black Cap harmless for the conduct, identity, intentions, or actions of any user you encounter through the Platform.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or Platform to and from the US or other countries).
This application is not designed or intended to collect, store, or transmit Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
For the purpose of exploiting, harming, or attempting to exploit or harm other users in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Black Cap, a Black Cap employee, any of the Platforms or Platform employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Black Cap or users of the Platform, or expose them to liability.
To commit fraud or any other crimes.
Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, crawler, scraper, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, Platform, or routine that interferes with the proper working of the Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.
Intellectual Property Rights
The Platform and its contents, features, and functionality are owned by Black Cap, or its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Platform for its intended use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Black Cap. Any use of the Platform not expressly permitted by these Terms or by use of the Platform as it is intended to be used is a breach of these Terms and may violate copyright, trademark, and other laws.
The name, logo, related terms, product and service names, designs, and slogans are trademarks and the intellectual property of Black Cap or its affiliates or licensors. You must not use such marks without the prior written permission of Black Cap. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
Content
The Platform utilizes interactive features (collectively, “Interactive Services”) that allow users to input, post, record, submit, publish, display, store, transmit, or otherwise create photos, videos or content (collectively, “User Content”) on or through the Platform. As described below, User Content comes in two varieties, Your User Content and Other User Content. You have different rights in Your User Content and Other User Content.
While using the Platform, you will have access to: (i) content that you upload or provide while using the Platform, even if suggested by the Platform (“Your User Content”); (ii) content that other users upload or provide while using the Platform (“Other User Content”); and (iii) content that Black Cap provides on and through the Platform (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Platform, including information on users’ profiles and in direct messages between users.
Your User Content
By creating Your User Content on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material as selected in your account settings. You also grant us the right to utilize artificial intelligence and large language models to use, reproduce, modify, adapt, and create derivative works based on Your User Content.
You represent and warrant that:
You own or control all rights in and to Your User Content and have the right to grant the license above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of Your User Content does and will comply with these Terms.
You understand and acknowledge that you are responsible for the legality of Your User Content, and you, not Black Cap, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Your User Content must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your User Content must not:
Promote sexually explicit or pornographic material
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the law or any legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Be fraudulent or misleading.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
We reserve the right to suspend or terminate your account if you Your User Content fails to comply.
Other User Content
Other users will also share content on our Platform. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. While you will have access to Other User Content, it is not yours and you may not copy or use Other User Content for any purpose except as contemplated by these Terms.
You should always carefully review and independently verify Other User Content for accuracy. Other users may use tools to generate or enhance content based on the Other User Content they provide. Other User Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for Other User Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Other User Content.
You do not have any rights to Other User Content, and, unless expressly authorized by Black Cap, you may only use Other User Content to the extent that your use is consistent these Terms and the purpose for which such Other User Content was shared with you. You may not copy any Other User Content or use any Other User Content for commercial purposes, to spam, to harass, or to make unlawful threats
We reserve the right to suspend or terminate your account if you misuse Other User Content.
Our Data
Black Cap owns all other content on the Platform, and it is Our Content.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on the Platform other than User Content submitted by you or other users is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest remains with us at all times.
Black Cap may collect and store data, including aggregate or anonymized data and information related to your use of the Platform that is used by Black Cap, such as to compile statistical and performance information related to the provision and operation of the Platform (the “Usage Data”). You hereby unconditionally and irrevocably grant to Black Cap an assignment of all right, title, and interest in and to the Usage Data, including all intellectual property rights relating thereto, and applicable to all Usage Data held by Black Cap, whether created or acquired by Black Cap prior to or after your acceptance of these Terms.
Limitations on Black Cap’s Responsibility for User Content
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, they are provided AS-IS.
We are not responsible or liable to any third party for the content or accuracy of any User Content created by you or any other user of the Platform. We do not represent or warrant to the accuracy or completeness of the User Content or derivative works created from the same. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or submitting any materials on or through the Platform.
YOU WAIVE AND HOLD HARMLESS BLACK CAP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
AI Use and AI-Generated Content
Our Platform utilizes unique and proprietary content and functionality powered by artificial intelligence (“AI”), including but not limited to, automated responses, generated text, insights, or other outputs (collectively, “AI-Generated Content”). AI-Generated Content is produced via a proprietary algorithm and the AI-Generated Content is not always reviewed, verified, checked, or curated by a human.
This content is only provided for information, experimental, experiential, or assistive purposes and should not be relied upon and should not be considered professional advice (including, but not limited to legal, financial, medical, or other advice). While we strive to ensure accuracy and relevance, the AI-Generated Content is provided AS-IS and AS-AVAILABLE, without warranties of any kind, whether express or implied, as further described herein. We make no representations, warranties, or guarantees regarding the accuracy, completeness, timeliness, reliability, or suitability of the AI-Generated Content or the Platform.
You are solely responsible for how you use, interpret, or rely on the AI-Generated Content and the Platform.
You agree you shall not use it as the sole basis for making any decisions of material importance, and you expressly acknowledge and accept the responsibility and risk that outputs, including the AI-Generated Content, may contain errors, omissions, or reflect biases, whether or not they are inherent in an AI system or in the Platform.
If you encounter any content, including but not limited to the AI-Generated Content, that you believe to be inaccurate, inappropriate, harmful, illegal, or otherwise offensive, you must promptly report it to Black Cap. Black Cap reserves the right in its sole discretion to remove, revise, or edit any AI-Generated content.
Apple Store and Google Play
You understand and acknowledge that these Terms are between you and Black Cap, not with Apple Inc. (“Apple”) or Google LLC (“Google”), and that, as between Black Cap and Apple or Google, Black Cap is solely responsible for the App and its content. Your use of the App must comply with the App Store Terms of Service or Google Play Terms of Service. We, not Apple or Google, are responsible for providing any maintenance and support services, for any product warranties (to the extent not disclaimed), and for addressing any product claims, legal or regulatory requirements, consumer protection matters, or intellectual property claims relating to the App. To the maximum extent permitted by law, Apple and Google disclaim all warranties regarding the App, but if the App fails to conform to any applicable warranty, you may notify Apple or Google and they may refund the purchase price (if any). You acknowledge and agree that Google, Google’s subsidiaries, Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You also represent and warrant that you are not located in a country subject to a U.S. Government embargo or on an Office of Foreign Assets Control (“OFAC”) sanctions list, and that you are not listed on any U.S. Government prohibited or restricted parties list.
Reliance on Information – INFORMATIONAL ONLY
The information presented on or through the Platform is made available solely for general information purposes and does not constitute legal, financial, healthcare or other advice. We do not warrant the accuracy, completeness, or usefulness of this information, including form documents and templates. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties. All statements and opinions expressed in these materials, and all articles and content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Black Cap and are provided to you AS-IS. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. The information, features, and services provided by this Platform are for informational and supportive purposes only and do not constitute medical advice, diagnosis, treatment, or legal advice. No content on this platform should be relied upon as a substitute for consultation with qualified healthcare professionals, legal advisors, or other relevant experts.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such website and those privacy practices.
Monthly Subscription and Recurring Payment Authorization
Payment Authorization. By entering into this Agreement, you hereby explicitly authorize Black Cap to charge your designated payment method on a recurring monthly basis for the fees specified in the applicable order form or on the website. Your payment authorization will remain in effect until you cancel your subscription in accordance with the cancellation provisions set forth herein.
Recurring Payments. You will be charged the monthly subscription fee set forth in your order form or on the website on the same day each month (the “Billing Date”), beginning on the date you first subscribe to the services. If your Billing Date falls on a day that does not occur in a given month, you will be charged on the last day of that month. All charges are non-refundable except as expressly provided in the order form or as required by applicable law. You must provide current, complete, and accurate payment information. You authorize us to charge your designated payment method for all fees incurred under your account. If your payment method fails or your account is past due, we may suspend or terminate your access to the platform. You are responsible for maintaining valid payment information and updating it as necessary. Your subscription will either (i) automatically renew each month unless you cancel prior to your next Billing Date; or (ii) continue for the duration you selected. By agreeing to automatic renewal, you acknowledge that your subscription will continue indefinitely until cancelled, and you authorize us to charge your payment method on a recurring monthly basis without requiring your prior approval for each billing cycle.
Modification of Fees. We reserve the right to modify our subscription fees upon thirty (30) days’ prior written notice to you. Notice of fee changes will be provided via email to the address associated with your account or through a notification within the platform. Your continued use of the platform after the effective date of any fee change constitutes your acceptance of the new fees. If you do not agree to the fee change, you may cancel your subscription before the new fees take effect.
Cancellations.
If purchased via the website: You may cancel your subscription at any time through your account dashboard or by emailing our customer service at [email protected]. Your cancellation will be effective at the end of your current billing cycle, and you will not be charged for subsequent months. You will retain access to the platform through the end of your paid subscription period. We do not provide refunds or credits for partial months.
If purchased via the Apple App Store: Apple handles all billing for subscriptions purchased through the App Store, which means your refund request and account cancellation will need to go through them directly. Please visit Apple's support page for step-by-step guidance: https://support.apple.com/en-us/HT204084. Important: deleting the app or your profile will not cancel your subscription. Please make sure you take action with Apple directly.
If purchased via Google Play: Google manages all billing for subscriptions purchased through Google Play, so your refund and account cancellation will need to be handled with them directly. You can find out how here: https://support.google.com/googleplay/answer/2479637?hl=en. Important: deleting the app or your profile will not cancel your subscription. Please make sure you take action with Google directly.
Payment Security. All payment processing is conducted through third-party payment processors. By providing your payment information, you agree to the terms and privacy policies of our payment processors. We do not store complete credit card information on our servers as detailed in our Privacy Policy.
SPECIAL NOTICE TO CALIFORNIA MEMBERS: You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a signed and dated notice to the contact information provided below which states that you are cancelling your subscription and/or upgrade(s) or words of a similar effect. Please include your username and the email address used to register for the Services with such notice.
SPECIAL NOTICE TO COLORADO MEMBERS: You, the buyer, may cancel your subscription, without any penalty or obligation, at any time prior to midnight of the third business day following the date of your subscription, excluding Sundays and holidays. Notice of cancellation need not take a particular form and is effective if it indicates your desire to not be bound by this contract. To cancel your subscription and/or upgrades, mail or deliver a signed and dated notice to the contact information provided below which states that you are cancelling your subscription and/or upgrade(s) or words of a similar effect. Please include your username and the email address used to register for the Services with such notice.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BLACK CAP NOR ANY PERSON ASSOCIATED WITH BLACK CAP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BLACK CAP NOR ANYONE ASSOCIATED WITH BLACK CAP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BLACK CAP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BLACK CAP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BLACK CAP AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO BLACK CAP, FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE, IN THE LAST THREE MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Black Cap, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Governing Law; Binding Individual Arbitration Agreement; Class Action Waivers
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Dispute Resolution
These Terms of Use and any and all disputes, claims, or controversies between you and us arising out of or relating to these Terms of Use, the Platforms, the Services, any additional terms, our Privacy Policy, or any other aspect of the relationship between you and us with respect to the Platforms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of New Jersey, without regard to any conflict of laws provisions. Furthermore, the below Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the Arbitration Agreement set forth in this Section 14.
Arbitration Agreement
By agreeing to these Terms of Use and unless you exercise your right to opt out of arbitration as set forth in Section 14(f) below, you agree that you are required to resolve any Dispute that you may have against Black Cap on an individual basis in binding arbitration as set forth in this Section (“Arbitration Agreement”), and not as a class, collective, coordinated, consolidated, mass, and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. IN CHOOSING BINDING ARBITRATION, YOU AND BLACK CAP ARE OPTING FOR A PRIVATE DISPUTE RESOLUTION PROCEDURE WHERE YOU AGREE TO ACCEPT THE ARBITRATOR’S DECISION AS FINAL INSTEAD OF GOING TO COURT. YOU AND BLACK CAP ARE EACH WAIVING YOUR RIGHT TO A JURY TRIAL.
Mandatory Informal Dispute Resolution
We hope that no Disputes arise between us; however, in the event that one does, we both recognize and agree that good faith, informal efforts to resolve Disputes often result in prompt, low-cost, and mutually beneficial outcomes. Therefore, we each agree that before either of us may commence an arbitration or file an action in small claims court as permitted in Section 14(e)(i), we will engage in the following mandatory informal resolution process (the “Resolution Process” or “Process”). To initiate this Process, the party with a Dispute must first give written notice to the other, which includes a description of the Dispute, the resolution requested, and if represented by counsel, the name and contact information for such party’s counsel. Upon receipt of such written notice, the parties agree to confer first in writing, and then if requested by either party, via teleconference or videoconference, in a good faith effort to informally resolve the Dispute. If either party is represented by counsel, that counsel may participate. All offers, promises, conduct, and statements made in the course of the Process by either party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the Process. The Process must occur within sixty (60) days of receipt of the written notice of the Dispute, unless an extension is mutually agreed upon by the parties. However, if a party is seeking injunctive relief on an emergency basis (for example, a preliminary injunction or temporary restraining order), the Process with respect to that relief shall occur within three (3) business days of receipt of the written notice of the Dispute, unless an extension is mutually agreed upon by the parties. Any statute of limitations will be tolled while the parties engage in the Resolution Process described in this Section. If, after participating in the Resolution Process, the parties have been unable to resolve the Dispute, either party may commence an arbitration or an action in small claims court pursuant to Section 14(e)(i). However, if we have not engaged in the Resolution Process as set forth in this Section 14(c), the Dispute shall not be submitted to arbitration, nor may a claim be filed in court, unless and until the Resolution Process occurs. Black Cap and you understand and agree that any Dispute that has not first been subject to the Resolution Process (i) shall not be accepted by the arbitration provider, and shall be deemed frivolous under Federal Rule of Civil Procedure 11; (ii) the arbitrator may allocate any arbitration fees and/or costs to any party that files a frivolous claim in violation of this Section 14(c); and (iii) shall be subject to dismissal if asserted in court. If a Dispute involves a claim that asserts infringement of patent, copyright, trademark, or trade secret rights, Black Cap and you are not required to participate in the Resolution Process set forth in this Section.
Arbitration Procedures
The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Newark, New Jersey (USA), or any other location mutually agreed to by you and us, provided, however, that if you are an individual residing in the U.S. and acting in a personal capacity, the arbitration proceeding will be held in Newark, New Jersey. The arbitrator, and not any federal or state court, shall have exclusive authority to resolve any Dispute arising out of or relating to the interpretation, applicability, arbitrability, enforceability, or formation of these Terms of Use and any applicable additional terms. To the extent that the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted by statute, and the parties waive any right to recover such damages. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate
Without first engaging in arbitration, you or Black Cap may (i) assert claims for any Dispute, if they qualify, in a small claims court having jurisdiction over the Dispute, so long as the Dispute is pending only in that court and proceeds on an individual (non-class) basis, or (ii) bring a lawsuit for injunctive relief solely for infringement or misappropriation of intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights), and also, in the case of Black Cap, to stop unauthorized use or abuse of the Platforms.
Right to Opt Out of Arbitration
You can choose to reject the Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) using the contact information set forth in Section 20 below within 30 days following the date you first agree to these Terms. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you.
No Class Actions
You agree that all Disputes with Black Cap must be resolved on an individual basis, and that you shall not bring a claim for any Dispute as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted under these Terms of Use.
Judicial Forum for Disputes
In the event that the Arbitration Agreement is found not to apply to you or your claim, you and Black Cap agree (i) that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Newark, New Jersey, and expressly consent to exclusive venue and personal jurisdiction there; (ii) to waive any claims or defenses that venue is improper for any reason in these courts; and (iii) to waive your right to a jury trial.
Time Limitation on Claims
Regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Survival/Severability
The provisions set forth in this Section 14 shall survive the termination of these Terms of Use. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Black Cap of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Black Cap to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Feedback
If you send or transmit any communications or materials to Black Cap by mail, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Black Cap is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Black Cap all right, title, and interest in, and Black Cap is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Black Cap is not required to use any Feedback.
State-Specific Terms
Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For subscribers residing in New York:
The Services do not guarantee any number of “referrals” - rather, the functionality of the Services is such that the subscriber can view as many profiles as they would like;
Upon notice in writing and delivered to Black Cap Legal, [email protected], subscribers may place their subscription on hold for up to one year;
How your information is used and how you may access your information is set forth in Section 5 and our Privacy Policy;
You may review the New York Dating Service Consumer Bill of Rights at https://www.nysenate.gov/legislation/laws/GBS/394-C.
For subscribers residing in North Carolina:
You may review the North Carolina Buyer’s Rights https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_66/GS_66-120.pdf .
For subscribers residing in Illinois, New York, North Carolina, and Ohio:
Our Services are widely available in the United States - if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Black Cap Legal at the address provided below and we will work with you to provide alternative services or a refund.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel. You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above.
For subscribers residing in Colorado:
Learn more about our safety policies and find local resources with our Online Dating Safety Policy.
Assignment
You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms. Black Cap may assign, transfer, or delegate any or all of its rights and obligations under these Terms to a third party, including to a successor of all or substantially all of the assets of Black Cap through merger, reorganization, consolidation, or acquisition, and including the transfer of any rights, licenses, or consents related to the storage and use of Feedback, Aggregate Data, User Content, and other data and information.
Your Comments and Concerns
The Platform, including any applications, websites, or other services, is operated by Black Cap and all Feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [email protected] or via mail at:
Black Cap Holdings Customer Care
111 Town Square Pl Ste 1238, Number 880258
Jersey City, NJ 07310
AGREED AND ACCEPTED BY YOU UPON USE OF THE PLATFORM.