Rendezvous Terms and Conditions of Use

Last updated May 8, 2015

TouchSix, Inc., ("TouchSix", "Rendezvous App", "Rendezvous", Us", "Company", "We", "Our" and "Its") and the services it provides to Participants, Mailing List Subscribers and App Users (hereinafter collectively referred to as Its "Users", "Participant", "Attendee", "You" and "Your") facilitates introductions of single people in a face-to-face manner at a local venue.

Legal Agreement

This is a legal agreement ("Agreement") between You and TouchSix. By using the Rendezvous App or participating in its events, You agree to be bound by the terms and conditions of this Agreement. If you do not agree, then you may not Use the Rendezvous App, join its mailings list(s) nor participate in its events. At any time, this Agreement is subject to change by TouchSix.

By accessing the Rendezvous App, through a mobile application, (the "App") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of Rendezvous. If you wish to become a member and make use of the Rendezvous service (the "Service"), please read these Terms of Use. The term "App" is deemed to refer to using of the Service by means of a mobile application.

You should also read the Rendezvous Privacy Policy, which is incorporated by reference into this Agreement and available on the App. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Rendezvous Privacy Policy, do not use the App or the Service. Please contact us with any questions regarding this Agreement.

Acceptance of Terms of Use Agreement

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the App and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to the Company on the App or to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber. You acknowledge and agree that Members of Rendezvous may be part an online community that includes other Apps owned by the Company or its affiliates. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Dating Safety Tips published on the App and (iii) terms disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional features, products or services we offer on the App, such as state-specific terms and terms governing features, billing, free trials, discounts and promotions.

By accessing the App or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. By using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.

Eligibility

You must be at least 21 years of age to access and use the Service. You must also be single or separated from your spouse to use the Service. We do not verify the relationship status of our Users. As such, we make no representations or warranties concerning such relationship status (i.e. single or married). Any use of the Service is void where prohibited. By accessing and using the App, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not a registered sex offender. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the App or Service. Any and all information User may provide to TouchSix will be true, complete and correct in all aspects and material information will not be omitted, including without limitation your age, name, address and telephone number. User will obey all applicable laws and regulations while using the Rendezvous App and while attending Rendezvous events.

No Representations

Rendezvous makes no representation to Users or others that its efforts or services will result in any "matches" as defined within the Rendezvous App nor will result in any future meeting or date with other Rendezvous event participants. Further, Rendezvous reserves the right to change or alter the way that it determines "matches."

Term and Termination

This Agreement will remain in full force and effect while you use the Service and/or are a Member. The Company may terminate or suspend your subscription and/or membership in the Service at any time without notice if the Company believes that you have breached this Agreement. 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 membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Non-commercial Use by Members

The App and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the App may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the App for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the App, 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 App.

Account Security

You are responsible for maintaining the confidentiality of your Facebook username and password you designate during the registration process, and you are solely responsible for all activities that occur under your Facebook username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

For Singles Only & No Background Checks

If you choose to register for an event you affirm that you are single and available and not otherwise "attached".

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

The Company is not responsible for the conduct of any Member. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow the Company's Dating Safety Tips, located on the App, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members. You agree to take reasonable precautions in all interactions with other Users of the Service, particularly if you decide to meet again after one of Our events. You fully and completely understand that Rendezvous makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through Our Service.

No Relationship Guarantee

Rendezvous holds no responsibility whatever for the outcome of any relationship that may or may not form between another individual and Yourself that You meet as a result of a Rendezvous event.

Proprietary Rights

The Company owns and retains all proprietary rights in the App and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The App contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the App or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Prohibited Activities

The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the App but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • "stalk", harass or harm any Members.
  • impersonate any person or entity.
  • solicit money from any Members.
  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the App, Service or its contents.
  • collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App.
  • interfere with or disrupt the Service or the App or the servers or networks connected to the Service or the App.
  • email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App or Service (either directly or indirectly through use of third party software).
  • "frame" or "mirror" any part of the Service or the App, without the Company's prior written authorization.
  • use meta tags or code or other devices containing any reference to the Company, the App or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other App for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the App or any software used on or for the Service or the App, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the App or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
  • post, use, transmit or distribute, directly or indirectly, any pornographic or nude photos, videos, or other media of yourself or any other person

Press, Camera's & Photos

Occasionally, various press or media may cover or attend a Rendezvous event. Although not a regular occurrence, cameras may be present at Our events. We will use our best efforts to communicate and ensure that only those Participants who consent to be on film may be photographed, although TouchSix makes no representations or guarantees whatsoever regarding whether a Participant is or is not actually photographed. Further, User agrees and understands that by attending one of Our events, he or she may be filmed or recorded and he or she will receive no compensation whatsoever for this. Further, the owner of the venue may have security cameras at the venue and you may be photographed or filmed, such photographing is out of control, we cannot make any representations or guarantees whatsoever regarding this process. By registering for the event and entering the venue, you acknowledge and understand that you may be filmed or photographed by the venue’s security cameras.

Errors & Omissions

Rendezvous is not responsible not liable for errors or omissions of any kind including any misinterpretation, error or omission of User's Match results and User’s telephone numbers. Furthermore, User agrees to indemnify and hold harmless TouchSix, Its officers, directors, shareholders, consultants, Event Coordinators (as defined within the Rendezvous App), agents, employees, partners, affiliates, licensees and subsidiaries from any and all losses, claims, damages, expenses (including reasonable fees, disbursements, and other charges of Counsel), actions, proceedings, liabilities or investigations (whether formal or informal), or threats thereof, based upon, relating to, or arising in connection with Your attendance at any of Our events, any and all of the services that Rendezvous provides or claims to provide, as well as communications or meetings that You arrange on Your own volition and on Your own time with others who have participated in a Rendezvous event. Further, You agree not to initiate any claim whatever against Rendezvous or TouchSix as a result of any of Our social gatherings or dating activities and You affirm that You take sole and complete responsibility for any and all actions that might occur during any meeting, communication or date.

Right to Exclude

Rendezvous reserves the right to reject User's registration to any Rendezvous event for any reason whatsoever. Further, if the owner of the venue denies User entry to the location for any reason whatsoever. In either of the cases outlined above, Rendezvous, its sole discretion, may refund User's booking fee in full and/or may prevent User from participating in any Rendezvous event.

Payment, Charge Backs and Reversals

By completing the registration process for one of Our Events, User hereby agrees to pay the Admission Fee charge shown on the appropriate page(s) of the Rendezvous App or the cancellation fee (if applicable, as per Rendezvous' cancellation policy) and further affirms that User will not "charge back" or otherwise dispute the Fee for any reason whatever including whether User receives any "matches" without first contacting Us with Your issue. If there is a dispute regarding payment for the Services provided by Us, User agrees to expeditiously contact Us to resolve said dispute before escalating the dispute to User's credit card company. User should understand that it is always Our sincere desire to resolve any dispute should one arise in a fast and fair manner.

Non-Solicitation

User agrees to not solicit, advertise or market any products or services whatever to any participant of any Rendezvous event during an event.

Non-Compete

User acknowledges that if he or she works for, is contracted by, or plans to work for or be contracted by any similarly competing service, user will not be able to attend any Rendezvous event without the express permission of Rendezvous prior to registering.

Cancellation Policy

Booking Fees are non-refundable. However, if a User decides to cancel a booking for which the event start time is more than 3 days from date of cancellation, then they will receive a credit to use at a future event. If a User decides to cancel a booking for which the event start time is less than 3 days from date of cancellation, then User will not receive a credit for a future event. Credits are valid for 30 days after the date the credit is issued.

Disclaimers

You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the App or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any App or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE APP OR IN THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR APP.

Links

The App may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other Apps or resources. You acknowledge and agree that the Company is not responsible for the availability of such external Apps 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 Apps or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the App or 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 App or resource.

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. 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 APP OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the App shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.

By using the App or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Sussex County, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Indemnity by You

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, 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 breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the App or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Notice

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 on the App. Such notices may not be received if you violate this Agreement 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.

Vendor Agreement

Any and all venues/businesses that host Rendezvous events expressly consent and acknowledge that Rendezvous may post photos of the inside and outside of the venues (regardless of the copyright) on the App and the Website. Such venue/business consents to allowing Rendezvous to conduct its events at such venue/business.

Intellectual Property

Rendezvous owns and retains all proprietary rights in all services offered by Rendezvous including any and all content on the Rendezvous App and paper materials provided at Rendezvous events.

Privacy Policy

Rendezvous keeps all information supplied by You confidential, including credit card data. However, by User providing to Rendezvous User's telephone number while at a Rendezvous event, User authorizes Rendezvous to release said telephone number to other Users whom You "match" with. For more information on how Rendezvous handles information, You are encouraged to read Our Privacy Policy.

Comments, Complaints & Praise

If You have a comment, complaint of any kind or success story (praise!), You may inform Us of said comment, complaint or praise via email at [email protected]

Success Stories & Testimonials

We appreciate Our attendee's willingness to share their stories. If You provide us with a testimonial or success story, we may use it on Our App and in Our marketing materials without compensation to You.

Entire Agreement

This Agreement constitutes the entire understanding with regard to Your use and/or attendance at Our Events and supersedes all prior representations, oral or written. If any provision, paragraph, subparagraph, sentence, or word of this Agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the Agreement shall remain in full and complete effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. You hereby acknowledge that You have read the above Terms and Conditions, understand them, and agree to be legally bound by them.

Entire Agreement; Other

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the App, contains the entire agreement between you and the Company regarding the use of the App and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

We reserve the right to change these Terms of Use at any time, for any reason. Should we change this Agreement, the new agreement can be found on this web page. Therefore, it is recommended that User periodically review these Terms of Use.

BY USING THE RENDEZVOUS APP AND/OR ATTENDING OUR EVENTS MEANS ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AND ON OUR EVENT REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS OF USE.

If you have further questions regarding any aspect of Our App, these Terms, Events or other Services provided by Us, please contact Us.