Last updated: June 15, 2015

the know terms & conditions

1. Introduction

Please read these Terms and Conditions (“Terms”) carefully before using the Site or App operated by Hadoken Labs Inc. These Terms and Conditions were created to prevent abuses and set guidelines and rules for using and accessing our Services.

By accessing or using the Service, you accept these Terms. 

2. Definitions

  • “The Know” or “The Company” refers to Hadoken Labs Inc.

  • “Terms” refers to these Terms and Conditions

  • “Service” refers to The Know service which can be accessed via our website (“Site”) http://www.datesmarter.net and our Mobile Application (“App”)

  • “Site” refers to our website http://www.datesmarter.net

  • “App” refers to our Mobile Application

  • “We”, “us”, and “our” refers to the Company, The Know

  • “You” refers to you, as a user of our Service

  • "Content" means text, graphics, images, music, software, audio, video, information or other materials

  • “Content" means text, images, photos, audio, video, location data, and all other forms of data or communication

  • "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as profiles, messages and information that you publicly display in your account profile  

  • "User Content" means Content that users submit or transmit to, through, or in connection with the Service 

  • "The Know Content" means Content that we create and make available in connection with the Service

  • “Premium Services” refers to services for which a user is required to pay or would be required to pay absent a promotional waiver of the fee

  • “Member” means a person who completes our account registration processes as described in the “Account Registration” section below

  • “Partner” is person that a Member has inputted into the App by creating a descriptive profile. That person is typically someone with whom the Member is currently involved or is considering a future relationship.

  • “Partner Profile” is a profile created by a Member that describes a Partner

  • “Match” is a Partner Profile created by another Member which matches one created the current Member with a score greater than or equal to 25%

  • "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and The Know Content

3. Our Services

The Services include its databases and the information contained therein for the sole purpose of performing relationship verification for your own personal use in compliance with these Terms. The Services exist to provide you with entertainment and amusement opportunities as well as to provide access to tribal knowledge contributed by The Know users. In addition, The Know does not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to The Know upon use of these Services is true and complete. The Know will not be responsible for any false statements made. 

There is no guarantee that any of our Services are accurate. It is the sole responsibility of the Member to determine if the provided information for the matching Partner Profile—the score, name, age and city/state—is sufficient for deciding whether to view the full profile.

We have two types of services: basic and premium.

Basic Services

Our basic services can be accessed via our Site or App and include but are not limited to: creating a Partner Profile to describe a current or potential Partner with the following relationship classifications: inquiry, flirting, hook-up, dating, exclusive, engaged, married and domestic; as well as reviewing Partner Profiles created by other Members that match profiles you created.

Premium Services

Our Premium Services include but may not be limited to accessing match details and initiating private chat with Members to explore the accuracy of Matches. Such Premium Services may require additional consideration and/or payment. The Know, at its sole discretion may determine which of its Services will require payment. Premium Services may change from time to time. The Know reserves the right to change any Service redemption amount at any time or to require credits or payments for any Services or aspects of Services.

In the event of using the Services to communicate with other users about a specific partner, you should not assume that information gained from correspondence about said partner is complete and accurate. The Know cannot and does not offer advice on how to use the information gained from The Know, and is not responsible for any action taken by the user based on this information. You should use extreme caution when interpreting the results and in ensuing Member correspondence from the App. Positive or false matches may not provide confirmation of an individual’s dating activity or relationship status. You should not assume that The Know provides a complete or accurate report of an individual’s dating activity or relationship status. The App should only be used for entertainment purposes.

4. Conditions of Use

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 or older. You hereby commit to inform us immediately should you become aware that a person under 18 is either using the Services or has been the subject of a Partner Profile available for viewing on the Services. You further agree that we shall not be responsible or liable for any misrepresentations regarding a user's age or a Partner Profile subject's age or for the unauthorized use of the Services by anyone under 18.

Account Registration

In order to use the App, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. The Know will never post anything to your Facebook profile or send communications to your Facebook friends.

Partner Profiles

If you choose to submit a Partner Profile, you agree (i) not to misrepresent your relationship with the Company or the App to any third party or make any warranty or representation on behalf of the Company; (ii) not to misrepresent your relationship with the individuals for whom you create Partner Profiles in the Service; (iii) to comply at all times with these Terms and applicable law; and (iv) the content you place on the Service may be viewed by other Members visiting or participating in the Service. Members may only create Partner Profiles for individuals that are within their own real-world communities, and not for individuals who might bring discredit to or harm the reputation of The Know community.

Messages

Either Member messaging can report a Messages interaction as inappropriate. If you encounter inappropriate behavior in the course of using Messages, please report it via the App’s “Report an issue” functionality within Settings. If a Member reports a Message as inappropriate, the Messages thread may be disabled for both Members. In your digital interactions with other Members, you agree to conduct yourself civilly and respectfully.

 Conduct

While using the Services, you agree that you shall not under any circumstances harass, bully or make mischief against any other Member. The Company reserves the right to determine, at its sole discretion, what constitutes harassment, bullying or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny the Services to any infringing party without refunding any fees for in-app purchases.

You agree not to directly or indirectly do any of the following:

  • Use the Services to look up individuals under the age of 18;

  • Use the Services for inappropriate or illegal purposes that are not in compliance with all applicable federal, state and local laws and regulations;

  • Bother, stalk, harass, bully, threaten or embarrass any individual or publish content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

  • Use, display, mirror or frame the Services, or any individual element within the Services, the Company's name, or any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without The Company's express written consent;

  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Company's databases to anyone without our express prior written consent;

  • Access, tamper with, or use non-public areas of the Services, The Company's computer systems, or the technical delivery systems of The Company's providers;

  • Attempt to probe, scan, or test the vulnerability of any The Company's system or network or breach any security or authentication measures;

  • Systematically access or extract content from our databases, including the use of “bots”, “spiders” or “scraping” technology within a browser or browser-like program;

  • Cache unauthorized hypertext links to The Company's databases and the framing of any content available through the Company’s databases;

  • Use or permit the use of data accessed via the Services to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party;

  • Use or permit the use of the Company’s databases for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from, or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; 

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that The Company had has no obligation to monitor your access to or use of the Services or to review or edit any content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any content that The Company, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.

Right to Refuse Service

We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Site or App.

Introductory Offers

Introductory or promotional offers are only valid for new customers of the Service. There is a limit of one introductory or promotional offer per person, credit card, phone number, address, and email. Any violators of this rule will be refused service. Introductory or promotional offers will automatically expire after one year unless otherwise stated.

5. Breach of Terms

Without prejudice to The Know’s other rights under these Terms, if you breach these Terms and conditions in any way, The Know may take such action as The Know deems appropriate to deal with the breach, including suspending your access to the mobile App and Site, prohibiting you from accessing the Site and/or App, blocking computers using your IP address from accessing the Site or App, and/or bringing court proceedings against you.

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

In the event that The Know suspects that our databases or our information has been misused, we will contact law enforcement agencies (as appropriate) and will provided them with all data needed to conduct an investigation. You consent to the promise of its information (including search key data) for such investigative purposes. You further agree to fully cooperate with all audits of our customers and our systems generally. The Company reserves the right to cancel or not offer its service to any user that it deems is in appropriately using its services.

 6. Intellectual Property

All copyright, trademarks, design rights, database rights, patents, content and other intellectual property rights (registered and unregistered) in and on The Know Site and App together with the underlying software code are owned either directly by The Know or The Know’s licensors. The Know reserves all of its rights. Nothing in these Terms grants you a right or license to use any trademark, design right or copyright owned or controlled by The Know or any other third party except as expressly provided in the Terms. The datesmarter.net site, App and operating name The Know are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site and App, including all associated intellectual property rights, are the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and App.

7. Limitation of Liability

The Know will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site or App: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if The Know has been expressly advised of the potential loss.

The Know is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

 8. Limited Liability for Other Parties

You accept that The Know has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Know’s officers or employees in respect of any losses you suffer in connection with the Site or App. You agree that the limitations of warranties and liability set out in these Terms will protect The Know’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Know.

The Service is provided for your entertainment purposes only. It is your responsibility to evaluate any information, opinion, advice, or other content available and determine its veracity.

9. Disclaimer of Warranties

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, The Know disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.

The information in The Company databases is user-generated content and has not been compiled from any public records or proprietary sources. It is compiled for the specific purposes of (1) identifying individuals and (2) providing information about their dating activity or relationship status for verification purposes. The Company does not represent or warrant that the information is current, complete or accurate. THE KNOW HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume all risks associated with the use of our databases and information.

From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

In addition to the preceding paragraph and other provisions of these Terms, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Exclusions

Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing will exclude or limit The Know’s liability in respect of any: death or personal injury caused The Know’s negligence; fraud or fraudulent misrepresentation on the part of The Know; or matter which it would be illegal or unlawful for The Know to exclude or limit, or to attempt or purport to exclude or limit, its liability.

10. Reasonableness

By using our Site or App, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Site or App.

11. User Generated Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to use Your Content

We may use Your Content fully-anonymized—so that it cannot be linked to you or any of your partners—in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Finally, you irrevocably waive, and cause to be waived, against The Know and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership

As between you and The Know, you own Your Content. We own The Know Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and App excluding Your Content, User Content and Third Party Content.

We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with The Know Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of The Know Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and The Know Content are retained by us.

12. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

You may delete your account at any time, for any reason, by following the instructions in “Settings” in the Service.

13. Privacy

The Know understands that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of these Terms. Please see our Privacy Policy.

14. Availability

The App is available to handheld mobile devices running Apple iOS. The Know will make reasonable efforts to make the App available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside The Know’s reasonable control.

 The Know, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable. The Know will not be responsible for any support or maintenance for the Application and such support or maintenance may require the App to be unavailable.

15. Governing Law, Class Action Waiver, and Consent to Binding Arbitration

These Terms shall be governed by California law.

In any legal proceeding relating to your use of The Know databases, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to your use of The Company databases shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.

16. FCRA Restrictions

The Company is not a consumer reporting agency as defined in the Fair Credit Reporting Act (15 U.S.C. [symbol] 1681b) (“FCRA”) and the information in The Company databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in FCRA. You shall not use any information gained from the App in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel and nannies, etc.), (3) evaluating a person’s eligibility for a government license or benefit, (4) evaluating a person for renting a dwelling property, or (5) any other purpose specified in the FCRA.

17. Unenforceable Provisions and Severability

If any provision of these Terms is unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms. If a provision of these Terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Indemnity

You hereby indemnify The Know and undertake to keep The Know indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Know to a third party in settlement of a claim or dispute on the advice of The Know’s legal advisers) incurred or suffered by The Know arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

You agree that you shall indemnify and hold harmless The Know, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, and all entities that have contributed information or data to, or provided services, for the service, against any and all direct or indirect losses, claims, demands, expenses (including attorney’s fees) or liabilities of whatever nature or kind arising in any way out of your use of the service or of our databases or of the information and data contained therein. We will promptly notify you of any such claim.

19. Links to Other Web Site

The Services may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Know is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

20. Fees, Charges, and Promotions

From time to time, The Company may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms (“in-app purchases”). If you choose to make an in-app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your IAP Account.

All purchases must be made by the card holder.

The Company may sponsor and run sweepstakes, contests and similar promotions (collectively, "Promotions") through the Services. You should carefully review any additional terms and conditions governing each Promotion ("Official Rules"). To the extent that the terms and conditions of such Official Rules conflict with these Terms for a Promotion only, the Official Rules will govern for the Promotion in question.

21. Changes to Our Terms

The Know may revise these Terms from time-to-time. Revised Terms will apply to the use of our Site and App from the date of the publication of the revised Terms on the Site or App. Please regularly to ensure you are familiar with the current version of our Terms.

22. Entire Agreement

These terms and conditions constitute the entire agreement between you and The Know in relation to your use our Site or App, and supersede all previous agreements in respect of your use of our Site or App.

23. Contact Us

If you have any questions regarding these Terms please contact us by sending an email to terms@datesmarter.net.