Last Updated: January 9, 2023
- Introduction
- Privacy Policy
- Account Creation; Risk of Loss
- Use of Account; Prohibited Actions
- Cancellation Policy
- Billing and Refund Policy
- Interactions With Other Users
- Proprietary Rights
- User Content
- Security
- Third Party Websites
- Indemnification
- Disclaimers
- Limitation of Liabilities
- Release
- Claims of Infringement
- Termination
- Severability
- Notice of Arbitration Provision and Waiver of Jury Trial
- General
- Contact Us
- Introduction
Welcome to our Site. This is “Flawed” – where you can find out who you want by eliminating what you
don’t. You’ve reached a domain, website, subdomain, application or portal (collectively, the “Site”)
owned and operated by Date Flawed Corporation (“Flawed,” “we,” “our,” or “us”). When we say “you”
or “yours,” we mean the person accessing or viewing our Site or participating in or using any service
offered on this Site (collectively, the “Services”). By using the Site or the Services, you agree to these
Terms of Service (“Terms of Service” or “Terms”).
Please read these Terms of Service carefully. They constitute our legal agreement with you. Please
note that we’ve included an arbitration provision and a waiver of class action and jury trial below
because we are a start-up company, and we don’t have the resources to spend all our time in court when we should be building you the platform you want.
These Terms lay out our respective rights and obligations – because we have rights we need to enforce, and because you can decide not to use our Site or Services if you don’t agree to our Terms.
From time to time, we may decide to modify, add, or delete portions of these Terms and will post those changes here. If we do so, your continued use of the Site or the Services after those changes have been made means you agree to the changes. The amended Terms will automatically become effective when they are posted on this Site. In addition, we reserve the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Thank you for checking us out!
- Privacy Policy
At Flawed, we are committed to providing the best possible user experience for our users. Please review our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with the Site or the Services. Our use of your information is always governed by our Privacy Policy, which is incorporated into these Terms and forms a part of our agreement. You understand that through your use of our Site or the Services, you consent to the collection and use of this information. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside. Since we are new, we currently don’t meet the thresholds to fall under some of the privacy laws out there. But we are committed to your privacy, and you can always write to us if you have concerns. - Account Creation; Risk of Loss
If you wish to use our Services, we may require you to first create an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update your information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. Flawed will not be liable to you or any third party if we revoke your access to the Site. If your status as a user of this Site is terminated, you must stop using the Site and any information obtained from the Site. - Use of Account; Prohibited Actions
Flawed reserves the right to refuse service, cancel your account or access, or remove or edit content, in its sole discretion. You agree, represent and warrant that you will provide us with true, current,
complete and accurate information in connection with your use of the Site and the Services. You also
represent that you are using your account for a lawful purpose – you may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to either civil or criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account. You agree not to access the Site by any means other than through a commercially available web browser or application. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Flawed systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage or otherwise disable Flawed or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.
- Cancellation Policy
For events, if you need to cancel or withdraw from an event with Flawed, you must do so no later than 24 hours prior to the event. If you cancel or reschedule within the 24-hour period prior to the event, an additional cancellation fee may be assessed. If we cancel an event, we will decide, in our sole discretion, whether to issue you a credit for a future event or a refund (minus applicable credit card transaction fees incurred). We will always try to let you know as soon as possible if an event is cancelled. - Billing and Refund Policy
All purchases made and Services contracted by you with Flawed are final and no refunds or credits will be given to you for any reason if you cancel this Agreement or do not use or discontinue the Services before the end of the Agreement (except the aforementioned period before the work begins). In no event shall you be entitled to refunds or credits because of a shortening of the Services for any reason, including but not limited to: meeting a partner through the Services, meeting a partner outside of the Services, dissatisfaction with the Services, or a “pause” or “break” from the Services of Flawed. In other words, once the Services begin, no refunds or credits will be provided. If you notify Flawed in writing, in advance, that you wish to put your service on hold, Flawed will allow you to do so for a period of up to six months, with the Services resuming for the time remaining when you notify Flawed that you wish to resume the Services within that six-month period. Any such hold will expire after these six months. In addition, if you have not utilized previously paid Services for a consecutive six-month period or more, with no prior hold notification to Flawed and no communication with Flawed in that time period, then those Services will be forfeited after those six months. Any unused Services will be forfeited without any refund or credit being provided to you. As Flawed has limited resources, all of those resources are dedicated to current clients, so by taking you on, Flawed may have had to turn others away. - Interactions With Other Users
You are solely responsible for your interactions, online or in person, with individuals identified for you by Flawed. By using the Services of Flawed, you understand and agree that Flawed does not in any way screen the members of any online dating sites. Flawed makes no representations or warranties as to the conduct of any person it has identified or will identify to you. In no event shall Flawed be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by Flawed. - Proprietary Rights
Basically, you can share our posts for your personal use, but you must preserve the fact that they come from Flawed by providing a link, tag or hashtag to our Site. Our Site contains content that we created, and you can’t pass off our photos, videos, layouts, or other content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights (our “Content”) as your own. You acknowledge that this Site contains such Content, and that the rights mentioned above are valid and protected in all forms, media, and technologies existing now and developed later. You also acknowledge that unless otherwise provided in these Terms or otherwise indicated on the Site, Flawed or its licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable copyright and trademark laws. That means you may not modify, transmit, participate in the sale of or transfer of, or create derivative works based on any Content, in whole or in part. You can print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the Licensor or Author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Flawed’s prior written approval. For permission to use Content from this Site or from marketing material authored and distributed by Flawed for non-personal use, you must request written permission in advance and provide full attribution. Permission should be requested by contacting connect@dateflawed.com.
- User Content
Be careful with what you share online. You should know that the transmission of confidential, sensitive, privileged and/or financial information via email, direct message, or via webforms is not secure. Unless specifically requested, Flawed does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact forms or messaging options made available on the Site). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, videos, graphics, recordings, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques, or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”). Accordingly, if you upload or send Flawed any User Content (including by hashtagging or tagging us on third party sites, such as social media sites), you grant Flawed a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) any such User Content in any media now known or hereinafter invented, including for commercial purposes. In addition to the rights applicable to any User Content, when you post comments or reviews to the Site, you also grant us the right to use the name or username that you submit with any review, photo, video, comment, or other content, in connection with such review, comment or other content. If you send Flawed any User Content, you also warrant that the User Content is not confidential or secret and that the User Content is owned entirely by you and that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Flawed to use the User Content as permitted by the license in this Section. You agree not to provide User Content that:
- Infringes on the copyright, trademark, patent or other intellectual property right of any thirdparty;
- Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
- Violates a third party’s right to privacy or publicity;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- Contains epithets or other language or material intended to intimidate or incite violence;
- Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
- Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
- Violates any applicable local, state, national or international law, or advocates illegal activity. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content, including reviews, comments or other content. We are not obligated to use your User Content, and we do not guarantee any confidentiality with respect to any User Content. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason. The obligations that you have to us under these Terms shall survive termination of the Site or Services, any use by you of the Site or Services, as well as any User Content uploaded or sent through the Site, or the termination of these Terms.
- Security
Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability.
We may investigate incidents involving such violations and may involve, and will cooperate with, law
enforcement if a criminal violation is suspected. We reserve the right to suspend or terminate your
access to the Site or the Services for any or no reason at any time without notice. Examples of security
violations include, without limitation, unauthorized access to or use of data or systems including any
attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or
authentication measures, unauthorized monitoring of data or traffic, interference with service to any
user, host, or network including, without limitation, mail bombing, news bombing, other flooding
techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations. - Third Party Websites
The Site may contain links to third party websites that take you outside of the Flawed Site and the
Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept
responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of service and a different privacy policy. You should be sure that you read and agree to those policies. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.
- Indemnification
You agree to defend, indemnify, and hold harmless Flawed, its affiliates, related entities, divisions,
subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and
against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i)
your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your
violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site. - Disclaimers
FLAWED MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE PRODUCTS, INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. FLAWED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. - Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL FLAWED (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF FLAWED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLAWED’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT ALLOW FOR THE LIMITATION OF LIABILITIES AS SET FORTH ABOVE, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FLAWED STILL ESERVES ITS RIGHTS TO THE FULLEST EXTENT OF THE LAW.
- Release
If you have a dispute with one or more users of the Site or the Services, you release Flawed (and its
officers, directors, affiliates, agents, and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. - Claims of Infringement
Flawed respects the intellectual property of others and requires that you do the same. In accordance
with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S.
Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Flawed will respond
expeditiously to notices of alleged copyright infringement that are duly reported to the email address
identified below. Flawed will disable and/or remove access to the website for users who are repeat
infringers. If you believe that your content has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide Flawedwith the following information:
DMCA Notice of Alleged Infringement (“Notice”)
• Identify the copyrighted work that you claim has been infringed, or if multiple works are
covered by this Notice you may provide a representative list of the copyrighted works that you
claim have been infringed.
• Identify the material or link you claim is infringing and provide a description of where the
infringing work is located on the website.
• Provide your mailing address, telephone number and, if available, email address.
• Include both of the following statements in the body of the Notice:
• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material
is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that
I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive
right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.
• Deliver this Notice, with all items completed, to Flawed at: connect@dateflawed.com
While Flawed considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
- Termination
Flawed reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Service by discontinuing your use of the Services and access to the Site. Flawed also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time. - Severability
If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any
jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be
severable and remain in full force and effect. - Dispute Resolution; Notice of Arbitration Provision and Waiver of Jury Trial and Class Action;
Injunctive Relief
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
With respect to any and all disputes relating to or arising out of or in connection with the Site, Services, Terms of Service, or the Privacy Policy, including disputes regarding the validity of this arbitration clause, Flawed and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You can write us at connect@dateflawed.com with your issue. If you and we do not resolve any dispute by informal
negotiation within 60 days, any other effort to resolve the dispute shall be settled by confidential
binding arbitration on an individual plaintiff basis before a single arbitrator administered by the
American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on
the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The
place of arbitration shall be Los Angeles, California. The arbitration shall be governed by the laws of the State of California. Each party shall bear its own costs and expenses and an equal share of the
arbitrators’ and administrative fees of arbitration, but the prevailing party can recover its costs and
reasonable attorneys’ fees in connection with the arbitration. This agreement to mediate and/or
arbitrate is a final and irrevocable waiver of the opportunity to file a lawsuit in court to resolve claims
and the right to a jury trial to the fullest extent permitted by law. You understand that you are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. Neither you nor Flawed will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You should carefully consider this and other provisions of these Terms and Privacy Policy and you have the right to consult legal counsel regarding this provision.
You agree that Flawed is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of these Terms (e.g., intellectual property claims) pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year from when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal and/or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.
- General
These Terms of Service will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Service will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Flawed may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Service. Nothing in this Agreement constitutes a partnership or joint venture between you and Flawed. Flawed does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interfered with by numerous factors outside of its control. Flawed’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Service set forth the entire understanding and agreement between you and Flawed and supersede anything not in writing and signed by both parties. Any provision of these Terms that was, by its nature, intended to survive any termination or expiration of these Terms shall so survive. - Contact Us
If you have questions about these Terms or the Services, you may contact us at connect@dateflawed.com.
We hope you enjoy your visit to us at Flawed. Start with your flaws; find who you want by eliminating
what you don’t!