Terms of Use

Engage Corporation Terms of Use

THE FOLLOWING DESCRIBES THE TERMS ON WHICH ENGAGE OFFERS YOU ACCESS TO ITS SERVICES.

Engage Corporation ("Engage") provides adults online matchmaking, dating and other services (the "Service") for the purpose of meeting each other through the Engage website www.engage.com (the "Site"). By using the Site you agree to be bound by these Terms of Use (these "Terms"). In addition, if you wish to be able to communicate with other members of the Service ("Members") and make use of the Service, you must obtain a "membership" (a "Membership") in the Service. To obtain a Membership, please read these Terms and indicate your acceptance of them by following the instructions in the registration page.

These Terms may be changed or updated by Engage at any time, but you can always find the most recent version at http://www.engage.com/e/terms_of_use.htm. Except as stated below, all amended terms shall automatically be effective immediately after they are posted on the Site. In addition, we may notify you of any amended terms by sending an email to the current email address we have for you. However, we suggest that you periodically check that page to make sure that your understanding of these Terms is up to date.

1. Eligibility. You must be 18 years old or older to obtain a Membership or use the Site. Membership and use of the Site and Service is void where prohibited. By using the Site and the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to comply with all of the terms and conditions of these Terms.
2. Term and Termination. These Terms will remain in full force and effect while you use the Site and/or have a Membership. You may terminate your Membership at any time, for any reason by following the instructions on the Site. Engage may terminate your Membership for any reason or no reason at all and with or without notice. Engage may in its sole discretion provide notice of your termination of Membership by sending notice to you at the email address then on file with Engage. You will not be entitled to any refund of unused subscription fees if you terminate your Membership or if Engage terminates your Membership because you have breached these Terms. Following termination of your Membership, Engage may remove and discard any of your information, communications, photos, postings, messages, files and other content within the Service (collectively, "Content"), at any time, without notice. Even after your Membership is terminated, the following provisions of these Terms will remain in effect: Sections 2, 5, 6, 8, 10, 12, 13, 14, 15, 17 and 19.
3. Subscription Renewal. Your subscription to the Service is automatically renewed for the same period as your then current subscription, unless you elect to cancel your subscription or change the renewal period as described below. Except in the case of monthly subscriptions, you will be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed, and given the opportunity to "opt out" of your renewal. You also may cancel your subscription or alter your renewal period at any time through your profile page. You must cancel your subscription or alter your renewal term before 12:00 Midnight Eastern Time on the final day of your subscription term for such change to take effect before your subscription renews. Subscription costs may be changed by Engage at any time and each renewal of your subscription will be at the then standard renewal rate. Upon renewal, the credit card you provided will be charged based on the subscription program you have chosen. Credit card charges will be processed within 24 hours after subscription initiation and renewal.
4. Non Commercial Use. The Site and Service is for the personal use of individuals only and, without Engage's express written consent, may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not obtain a Membership and should not use the Service or the Site for any purpose without Engage's express written consent. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
5. Proprietary Rights in Content on Engage. Engage owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of Engage, its licensors and Members. Except for that information which is in the public domain or for which you have been given written permission, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any such proprietary information. Systematic retrieval of data or other content from the Service or the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Engage is prohibited. In addition, use of such materials on the Site or Service for any purpose not expressly permitted in these Terms is prohibited.
6. Content Posted on the Site.
   1. Right to Monitor and Remove Content. You understand and agree that Engage may review and delete any Content that in the sole judgment of Engage violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or other visitors to the Site. To enable Engage to monitor the Content, all Content text must be in the English language. You are solely responsible for the Content that you publish or display ("post") on the Service, or transmit to others.
   2. License for Engage to Use Content. If you post Content to any public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to Engage an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing.
   3. Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Site or in connection with your use of the Service, including in profiles, references, emails, advice, etc. Engage reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the Membership of such violators. It includes Content that:
      • is patently offensive to the online dating and matchmaking community, such as Content that is overtly sexual, graphic, solicits married people for dating purposes, solicits group sexual encounters, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
      • promotes information that is false, inacurate or misleading;
      • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
      • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
      • involves commercial activities and/or sales without Engage's prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
   4. Additional Guidelines for Photos. The photo which you post as your primary photo should satisfy the following additional requirements: (i) you are in it; (ii) your face is clear; (iii) it is no more than 5 years old; (iv) you are the only recognizable person; and (v) it is a jpg or gif file. All photos you post (including your primary photo) should satisfy the following requirements: (1) it does not contain your name or contact information, (2) it is not a duplicate of another posted photo; (3) it is smaller than 5MB in size; (4) it is not sexually explicit, (5) it does not demonstrate an illegal activity, and (6) any other person in the photo which is recognizable has given you permission to post their likeness (which, in the case of persons under the age of 18, must be provided by their parent or legal guardian). It is your obligation to obtain all required consents before posting a photo.
   5. Other Limitations on Use. You must use the Service and the Site in a manner consistent with any and all applicable laws and regulations. You should not post a profile (other than as a matchmaker) unless you are single, widowed, divorced or separated. You may not include in your profile or photo any telephone numbers, street addresses, last names, URLs, email addresses, instant message screen names, or any other information that would allow others to locate or contact you outside of the Service. In order to protect Members from unsolicited advertising or solicitation, Engage reserves the right to restrict the number of emails which a Member may send through the Site to others in any 24-hour period to a number which Engage deems appropriate in its sole discretion.

7. Operation and Modification of the Service. Engage may establish additional policies concerning the use and operation of the Service generally or for a particular feature of the Service. Engage may change these policies at any time, in its sole discretion with or without notice. However, Engage will post relevant policies in appropriate locations as they are adopted or modified. Such policies are part of these Terms and incorporated herein by reference.

   You agree that Engage has no responsibility or liability for the deletion or failure to store any Content maintained on, or transmitted by, the Service. You understand that Engage may close your account and Membership if it is inactive for an extended period of time.

   You agree that Engage reserves the right (for any reason and without notice) to modify or discontinue, temporarily or permanently, all or any part of the Service and the Site.

   Unless explicitly stated otherwise, any new features on the Site or the Service are subject to these Terms.

8. Third Party Advice Services. The Site and Service may enable you to obtain advice or introductions from third parties, including from Engage affiliates, other Members, Engage employees (not acting within the scope of their employment), as well as through access to a toll-free number or another Website (collectively "Third Party Advice Services"). The Third Party Advice Services are not under the control of Engage. Engage is not responsible for the quality of any advice or introduction provided through the Service or by any Third Party Advice Service. The inclusion in the Site or Service of a particular Third Party Advice Service does not imply endorsement by Engage of such service or any association with its operators.
9. Special Offers; Lifetime Membership. Engage may, from time to time, offer Membership at no charge for a specified period of time or make other promotional offers (each a "Promotion"). Your right to receive the benefit of a particular Promotion is subject to satisfaction of any terms described in such Promotion, as well as compliance with these Terms and other terms applicable to Members generally. Unless expressly stated otherwise in connection with a particular Promotion or required by applicable law, any Promotion providing Membership at no charge or a reduced charge does not entitle you to a refund or other cash payment if it expires before use or your Membership is otherwise terminated prior to being fully used. You agree that the promotion to be introduced within 24 hours by a live matchmaker applies only to customers that upload a valid photo to their profile, are valid customers of Engage and if a matchmaker finds an appropriate customer to introduce you to. You agree that Engage reserves the right to terminate this offer at any time without notice. To maintain a lifetime membership on Engage, you must comply with these Terms, as amended from time to time. Additionally, lifetime membership may not entitle you to use new features and products offered by Engage.
10. Your Use of Information. You agree that, with respect to other users' personal information that you obtain through the Site or the Service, you may use such information only: (a) for Engage related communications that are not unsolicited commercial messages, (b) in connection with the Service, and (c) for such other purposes as are agreed by the affected user. In all cases, you must cease communication with any user which requests that you cease such contact. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without Engage's consent and the consent of that user. You also agree to implement and maintain reasonable security practices and procedures to protect any personal information that you may gather about any user of the Service.
11. Member Disputes. You are solely responsible for your interactions with other Members. Engage reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Privacy. Use of the Site and the Service is also governed by the Engage Privacy Policy. The terms of such Privacy Policy are incorporated into these Terms by reference and constitute part of the agreement between you and Engage.
13. Disclaimers.
    1. No Warranties. Under no circumstances will Engage be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and Engage expressly disclaims any warranty of merchantability, fitness for a particular purpose, accuracy of information, or non-infringement. Engage cannot guarantee and does not promise any specific results from use of the Site and/or the Service. Your use of the Site and Service is at your own risk. Engage does not guarantee continuous, uninterrupted or secure access to the Site or Service, nor the security or privacy of communications sent via the Service.
    2. Specific Disclaimers. Without limiting generality of the foregoing,
       1. Content. Engage is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users of the Site, Members or by any of the equipment or programming associated with or used in the Service. Engage is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service, including ones who violate these Terms.
       2. Internet Related Issues. Engage assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Engage is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at the Site, or any combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet, the Site and/or in connection with the Service.
       3. Rankings. Engage specifically disclaims any responsibility for the accuracy or completeness of any rankings posted on the Site or available through the Service as well as for any positive or negative implications which may be derived from the rankings of Members.
14. Limitation of Liability. To the extent permitted by applicable law, you agree that: (a) Engage is not liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, or any lost profits arising from your use of the Site or the Service, even if Engage has been advised of the possibility of such damages; (b) Engage's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Engage for the Service during the term of your Membership; and (c) Engage shall not be liable to you or any third-party for any termination of your access to the Service.
15. Indemnity. You agree to indemnify, defend and hold Engage, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.
16. International Use. You are prohibited from accessing the Service and the Site and materials available over the Service or the Site from territories where such service and materials are illegal. You also agree to comply with all local rules regarding online conduct and content in connection with your use of the Service and the Site.
17. Governing Law; Exclusive Jurisdiction. The laws of the State of California, USA, excluding its conflicts of law rules, are the exclusive laws governing these Terms and the enforcement thereof. The state and federal courts with districts which include Alameda County, California, USA, shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and you consent to personal jurisdiction and venue by such state and federal courts. However, in an action to enforce a judgment, such forum and venue shall be nonexclusive.
18. Copyright Policy. If you believe that your work or the work of another has been posted onto the Site in a way that constitutes copyright infringement, Engage has a process in place to respond to your concerns. Please contact us at support@engage.com for an explanation of that process.
19. Entire Agreement; Other Terms.

    These Terms (including the Privacy Policy and other incorporated terms), accepted upon use of the Site and further affirmed by becoming a Member of the Service, constitute the entire agreement between you and Engage and govern your use of the Service and the Site, superseding any prior agreements between you and Engage.

    The failure of Engage to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in effect.

    You agree that these Terms and all incorporated documents may be assigned by Engage in its sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Service, or these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Copyright and Trademark Notices. Other than Member provided Content, all materials of the Site or Service are: Copyrights © 2005-2008 Engage Corporation and/or its suppliers. All rights reserved. The Engage.com logo and other Engage brands are either trademarks or registered trademarks of Engage. The names of actual companies and products mentioned in the Site or on the Service may be the trademarks of their respective owners.
21. Contacting Engage. If you (a) have any questions about these Terms, Engage's practices, or your dealings with the Site, or (b) wish to report violations of these Terms (other than copyright infringement which is covered under Section 18 above), please contact us.