TERMS OF SERVICE

Last revised on August 31st, 2016

Welcome to Trydate.

These terms of service (“Terms of Service") are a legally binding agreement between Lablesoft Inc. ("we", "us", "our", or the "Company") and you (“user" or "you") governing the use, access or download of our proprietary mobile applications known as “TryDate" developed, owned and operated solely by us (the "App" or “TryDate").

 

These Terms of Service govern any and all use and features offered via the App and Service (as defined below) as are available or may become available from to time to time. Please read these Terms of Service carefully before installing the App or using the Services.

 

BY ACCESSING OR DOWNLOADING THE APP AND USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND OUR COMMUNITY SAFETY GUIDELINES INCORPORATED HEREIN (COLLECTIVELY THE “TERMS") AND AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THE TERMS. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP OR SERVICES AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US WHICH FURTHER ENFORCES CLASS ACTION WAIVER AND ARBITRATION PROVISION AS DETAILED BELOW IN THE DISPUTE RESOLUTION SECTION 14. IF YOU DO NOT AGREE TO THE TERMS YOU MAY CEASE USING THE SERVICES OR UNINSTALL THE APP AND YOU MAY NOT DOWNLOAD, COPY, ACCESS OR INSTALL THE APP OR ANY PART THEREOF, AND MAY NOT USE THE SERVICE IN ANY MANNER WHATSOEVER.

 

We reserve the right to periodically amend or revise these Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the "Last Modified" heading. Your continued use of the App or Service following the notification of such amendments constitutes your acknowledgement and consent of such amendments to these Terms and your agreement to be bound by the terms of such amendments. In the event of material changes that will affect you use of the App or Service we will make best efforts to provide you with notifications through the App or by email.

 

  1. SERVICE

The TryDate App provides you with a unique dating platform that enables you to search and hopefully find your dating match based on your personal preferences. The platform also includes features that enable you to chat, communicate, and interact with your potential dating partner (all collectively, the “Service(s)"). Browse and connect with a potential match; quickly review profiles and images of other users’, and send receive message throughout our chatting platform. Currently, the Service is provided free of charge, in the future we might enable additional features for premium users.

 

  1. REGISTERING AND CREATING A PROFILE
    • In order to use the Services, you need to sign up and create a profile as follows:
  2. You can sign up either manually or through your Facebook account. If you decide to register through your Facebook account, you authorize us to access to public information in your Facebook account, for more information please read our Privacy Policy .
  3. Following the sign up you will be required to create a profile account which will include your current, complete and accurate information including your first name, email address, gender, sexual orientation, date of birth, private password and a profile picture (“Profile Picture").
  4. In order to complete your registration and to open an account you will need to answer a few questions and provide a short biography of yourself in order for other users to get some information of you (“Profile"). Please note you can register without uploading a Profile Picture or Profile (“Partial Profile"). However, the Partial Profile will enable you solely to view other Profiles and still press Match/Mismatch (as defined below), but your Profile will not be visible to other users and you will not be able to write messages to any of the users until you complete the registration. Thus, we recommend you to complete the registration in order to create a full valid Profile. You hereby undertake and warrant that you will create solely one unique Profile.
  5. Profile Security: You are solely responsible for maintaining the confidentiality of the password you designate during the registration process, and you are solely responsible for all activities that occur under your Profile and password. You agree to immediately notify us of any disclosure or unauthorized use or breach of security.

 

  1. LICENSE

Subject to your acceptance of and full compliance with these Terms, we hereby grant you a limited, personal, non-transferable, non-sublicensable, non-exclusive license to download the App and use the Services on any applicable devices that are under your control, and to use the Service solely for your own personal, non-commercial use. The Services may not be used for any other purposes without our prior written consent from us. You may not download the App or use the Services if you are not the owner or approved administrator of the device on which you activated or accessed the Services.

 

  1. AGE LIMITATION

The Services are not intended for individuals under the age of 18.  If you are under 18, please do not download, install or use the Services.

 

  1. RESTRICTIONS OF USE AND USERS’ WARRANTIES
    • You shall not: (i) permit any third party to use the Service; (ii) circumvent, disable or otherwise interfere with security-related features of the Service; (iii) modify, create a derivative work of, reverse engineer, disassemble the Service; (iv) remove, deface, obscure, or alter the Service, or any third parties, copyright notices, trademarks, or other proprietary rights notices affixed to or provided as part of the Service; (v) use the Service for benchmarking purposes or to develop any software, application, product or service that is the same as, substantially similar to, or competitive with the Service; (vi) use the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (vii) use any robot, spider, other automated device or any toolbar, web-bar, other web-client, device, software, routine or manual process to monitor or scrape information from the Service; or (viii) otherwise use the Service in any unlawful manner or in breach of these Terms.
    • You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the Service; (ii) use the Service for any fraudulent or inappropriate purpose; or (iii) act in any way that violates the Terms policies as may be revised from time to time.
    • We reserve the right, at our sole discretion, to limit, deny, or create different levels of use for different users, or cancel some or all of the functionality of the Service at any time, without prior notice.
    • We make no representation or warranties that the Service is or will be available for use in any particular location or at specific time. We may change, modify, suspend, or discontinue any aspect of the Service at any time. Your access to the App and use of the Services is at your own risk and responsibility and you shall comply with all laws, rules and regulations applicable to you.
    • We reserve the right to suspend, remove, restrict or disable your access to parts or all of the Services at any time and without notice or liability, at our sole discretion. In no event will we be liable for the suspension, removal, and restriction or disabling of your access to the Service or to any feature available therein.
    • Furthermore, we reserve the right, at our sole and absolute discretion, to change, modify, add to or delete any of the terms and conditions of the Terms at any time, including without limitation the availability of any feature of the Service. In the event of material changes that will affect your use of the App or Service, we will make best efforts to provide you with notifications through the App or by email. Your continued use of the Service following any revision of the Service or these Terms constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree with any update or modification, you should uninstall the services or cease using it.
    • You hereby represent and warrant that: (i) any and all information provided by you through the Service is and will be accurate and complete; (ii) you have full power and authority to enter and comply with these Terms.
    • By downloading the App, and using the Services in any way, you represent and warrant that you have never been convicted of a felony or are not required to register as a sex offender with any government entity. The Company does not conduct criminal background on its users. Notwithstanding, we reserve the right to conduct at our sole discretion, any criminal background check, at any time and use any available public records, to confirm the above and you hereby authorize us to conduct any criminal history check we find needed.

 

  1. USER GENERATED CONTENT
    • User generated content ("UGC"), refers to a wide variety of media content that is produced, submitted and uploaded by you and our users as opposed to content made by us. The UGC shall include, among other, comments, biographies and feedbacks provided, written and submitted by our users. You hereby undertake and agree that the UGC uploaded by you may not violate any applicable law, including but not limited to, content that contains defamation, content that infringes third party intellectual property rights, content that infringes the right to privacy, content with racist or hate speech or content that infringes any other third party's right, including Prohibited Content- all as specified below. You may not submit any UGC that is misleading or that is part of a scam, content that is age-restricted or content that contains nudity or other sexual materials, content that is shared for sadistic effect or to encourage violence or a dangerous activity, content that encourages the use of drugs or content that target an individual, content which is disrespectful towards someone, or humiliates, harasses, bullies or hurts that someone. In addition, you may not use the UGC to impact on our rating, services and mislead users.  
    • You shall not, in any way use or display UGC that contains “Prohibited Content" as defined herein:

If you become aware of any user who uses Prohibited Content in any way you shall report abuse through the “abuse" button and report to us via email.

 

  1. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

It is Company’s policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement. Should you believe that content available via the Services infringes one or more of your copyrights, please send a written notice (“Complaint") to our designated Copyright Agent at [TBD] : [Add email address], as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA"). You must include the following in your Complaint: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail so to allow the Company to locate and identify such content; (d) your name, address, telephone number and email address; (e) a statement that you have a good faith belief that the use of the material in the manner described in your Complaint is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the Complaint is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

 

Please note that a copy of your Complaint, including any contact information you provide (address, telephone number, and email address), will be forwarded to the person or entity whose content you claim infringes your right.

 

  1. THIRD PARTIES CONTENT
    • The Company may, at its own discretion, might include links to third party websites ("Third Party Content"). The Company does not provide any warranties for Third Party Content or availability thereof nor does it endorse it. The Company shall not be held liable for any Third Party Content, its legality or illegality, its validity, accuracy, adequacy with regulations and its quality, and we expressly disclaim any and all liability in connection with any Third Party Content. These Terms do not cover your rights or responsibilities with respect to Third Party Content and we advise you to review such Third Party Content’s terms and privacy policies.
    • The Service provided to you may contain materials that might be protected by international copyright laws or any other intellectual property laws that are licensed to the Company, its licensors, vendors, partners or affiliates or other third parties. Such materials may contain software, design, text, images, information, logos, photographs, illustrations, audio and video material, sounds, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the services, including, without limitation the 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually or collectively, “Protected Content"). Except as permitted by us herein or by the third party who owns such Protected Content, and without derogating from the generality of the described under these Terms, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any of the Protected Content, including, but not limited to any derivative work based on the Protected Content.

 

  1. PRIVACY
    • Our Privacy Policy describes how we access, use, store and share your information when you use the Services, and is incorporated in these Terms by reference. By accessing the App and using the Services, you agree and understand that we will use your information as set forth in our Privacy Policy.
    • By default, push notifications will be sent to you when a match is formed, when someone has sent you a message, or for other service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off at the device level.

 

  1. DISCLAIMER OF WARRANTIES

THE SERVICE AND APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES OR APP WILL OPERATE ERROR-FREE, THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT THE COMPANY WILL CORRECT ANY ERRORS IN THE SERVICE OR APP. YOU AGREE THAT COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. COMPANY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, INCLUDING UGC, OR SERVICE THAT IS FEATURED BY A USER OR ANY OTHER THIRD PARTY MADE AVAILABLE THROUGH THE APP OR SERVICE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR YOUR USE OF OR RELIANCE ON SUCH CONTENT, INCLUDING UGC, THE APP OR SERVICE, ALL OF WHICH YOU DO AT YOUR SOLE RISK AFTER HAVING REVIEWED THE RELATED TERMS AND CONDITIONS GOVERNING YOUR USE OF THE APPLICABLE CONTENT, UGC, APP OR SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY IS NOT ABLE TO CONTROL OR SUPERVISE YOUR INTERACTION OR TRANSACTIONS WITH OTHER USERS OF THE SERVICE OR ANY PROVIDERS AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SUCH INTERACTION OR TRANSACTIONS AND CONTENT DISPLAYED BY YOU. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR PROVIDER, YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. THE COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO (I) MONITOR ANY SUCH DISPUTE OR (II) UPON YOUR REQUEST, INTERVENE IN SUCH DISPUTE FOR THE PURPOSE OF RESOLVING THE DISPUTE, PROVIDED THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM ANY MONITORING OR INTERVENTION ACTIVITIES THAT WE PERFORM. EXCEPT AS EXPRESSLY STATED HEREIN AND IN OUR PRIVACY POLICY, THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APP OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

 

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP OR SERVICE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR THE SERVICE, EVEN IF THE COMPANY HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICE IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.

 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from (i) your install and use of the App and Service in the event the use is not in compliance with these Terms; (ii) abusing or infringing third party rights through the Service; and (iii) your breach of these Terms or any applicable law and regulation.

 

  1. TERMINATION

You can terminate these Terms and the use of the App and Service at any time. If you wish to terminate your use of the App or Service, you may do so by deleting your Profile or uninstalling the App from your device. Once the account is deleted you will not be able to recover it and if you wish to use the Service again, you will need to register and recreate a Profile, therefore, if you believe you want to use the Service again we recommend you to disable the discovery option (“Profile Discovery") found in settings page which will make your Profile invisible to other users and not terminate or delete the App, Profile or Service. By choosing to disable discovery option, you will be able to view other Profiles and continue with correspondences that began prior to disabling your Profile Discovery. You may choose to disable your Profile Discovery at any time. We may terminate your access to all or any part of the App or Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the App and Services.

 

  1. DISPUTE RESOLUTION

For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA"). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You must include your name and residence address, and a clear statement that you want to opt out of this arbitration agreement. This arbitration agreement will survive the termination of these Terms. These Terms are governed by and construed in accordance with the laws of the State of New York, Southern District, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in a state or federal court located in New York, New York Southern District, Manhattan and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.

 

  1. MISCELLANEOUS

These Terms, constitutes the entire understanding between the parties with respect to the use of the App or Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms of Service and any right granted herein may not be assigned by you without the prior written consent of the Company.

 

  1. COMMUNICATIONS

You agree and consent to receive email messages from us. These emails may include administrative notices or notices regarding users we believe you might find interesting according to your preferences.

 

CONTACT US:

Company name: Labelsoft Inc

Address 13416 NW 6Th Dr, Plantation FL 33325

Email: If you have any questions or concerns regarding these Terms, please contact us