Terms and Policies

ZOOSK

VIRTUAL GOODS AND CURRENCY TERMS OF USE

Last Revised: March 22, 2011

PLEASE READ THESE VIRTUAL GOODS AND CURRENCY TERMS OF USE CAREFULLY. BY MAKING A PURCHASE OR USING OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY.

Certain virtual products and services ("Virtual Goods") and virtual currency ("Zoosk Coins") may be made available to you from time to time by Zoosk, Inc. or its subsidiaries or affiliated companies (collectively, "us", "we" or "Zoosk") through our websites, products, applications, which include mobile applications and applications available on social networking sites and other platforms, and services (collectively, the “Services”). Your purchases and uses of Virtual Goods and Zoosk Coins through our Services are governed by these Virtual Goods and Currency Terms of Use (“VGC Terms of Use”) and by the Zoosk Terms of Use, which is incorporated herein by reference. These VGC Terms of Use set out the legally binding terms for your purchase and use of our Virtual Goods and Zoosk Coins and may be modified by us from time to time by posting the revised VGC Terms of Use on the applicable Service. Such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these VGC Terms of Use prior to each purchase so you will understand the terms applicable to such transaction.

If you have any questions about these VGC Terms of Use, you may contact us by writing to us at: Zoosk, Inc., Attn: Virtual Goods Terms, 77 Van Ness Ave., #1313, San Francisco, CA 94102.

  1. PURCHASES

    To purchase any of our virtual products or services, you must be a registered user of our Services and comply with these VGC Terms of Use (including the Zoosk Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to refuse or cancel orders or terminate accounts at any time in our sole discretion.

  2. PAYMENT

    By submitting an order for our Virtual Goods or Zoosk Coins through our Services, you authorize Zoosk, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.

  3. TAXES

    You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Virtual Goods or Zoosk Coins. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.

  4. ZOOSK COINS

    In our sole discretion, we may offer you the opportunity to obtain and redeem Zoosk Coins for use with our Services. We may charge fees for the right to use Zoosk Coins, or we may distribute the Zoosk Coins without charge, each in our sole discretion. When you redeem Zoosk Coins, we will redeem Zoosk Coins that you have purchased before redeeming Zoosk Coins that you have obtained on a promotional basis, or otherwise without charge. We have no obligation to continue offering any feature or function through the Services, including any feature or function that enables the use or redemption of Zoosk Coins.

    Your Zoosk Coins will be stored in an account for you. The Zoosk Coins may be redeemed solely by Zoosk through our Services, cannot be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may further restrict your ability to redeem your Zoosk Coins based on your place of residence. For clarification, although you may buy Zoosk Coins via mobile services, the Zoosk Coins are not redeemable for content or services offered by any carrier.

    While the Zoosk Coins you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is deactivated (as described below), we may, without further notice to you, redeem all paid Zoosk Coins remaining in your account for any Virtual Goods (as defined below) we select, in our sole discretion, and distribute such Virtual Goods, as applicable, to your "friends" (and, if you have no "friends" to any other users that we may identify, in our sole discretion). For purposes of this Section 4, the term "Inactive" means that, based on our records: (a) for a period of two (2) years, or more, you have not logged into your Zoosk account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. Zoosk Coins that are obtained on a promotional basis, or otherwise without charge, may expire, be redeemed or removed from your account or be subject to other limitations at Zoosk’s sole discretion, including without limitation the actions described above if your account becomes inactive or is deactivated.

    If you deactivate your Zoosk account pursuant to the Zoosk Terms of Use, your ability to redeem Zoosk Coins may be terminated, without any right to refund or any other compensation for you. When we cancel or terminate access to your Zoosk Coins account balance for violating these VGC Terms of Use or the Zoosk Terms of Use, your right to use your Zoosk Coins account balance immediately ceases.

    Further, we may suspend or otherwise limit your access to your Zoosk Coins if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your Zoosk Coins account balance, your right to use your Zoosk Coins account balance immediately ceases.

    We may limit your use of the Zoosk Coins service by applying limits to: the number of Zoosk Coins you may have credited to your Zoosk Coins account balance at one time; the number of Zoosk Coins you may redeem within a given time period (for example, one day); the number of promotional Zoosk Coins you may obtain in a single event; and other features and uses determined by us in our sole discretion.

    If we post Zoosk Coins to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those Zoosk Coins from your account. You must ensure that we properly post your Zoosk Coins to your Zoosk Coins account. If you believe that you have validly acquired Zoosk Coins that we have not posted to your Zoosk Coins account, you must contact us within one hundred twenty (120) days after the date you claimed to have acquired those Zoosk Coins. We may require reasonable documentation to support your claim.

  5. VIRTUAL GOODS

    In our sole discretion, we may offer you the opportunity to redeem Zoosk Coins for access to certain Virtual Goods through our Services. As part of these Services, and subject to the Zoosk Terms of Use and these VGC Terms of Use, we grant you a limited, non-transferable, revocable license to use the Virtual Goods through our Services and send them to other users for use through the Services. Regardless of the use of the terms "purchase," "buy," "sell," "order" or the like on our Services or in these VGC Terms of Use, you do not own any Virtual Goods and acknowledge that the Virtual Goods are a service of Zoosk and that you have only a license to use the Virtual Goods in accordance with these VGC Terms of Use. All use of the Virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. If you violate the Zoosk Terms of Use or deactivate your Zoosk account, our offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you.

    The existence of a particular Virtual Good available for redemption with Zoosk Coins is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.

    The length of time you or your recipients may have access to Virtual Goods you purchase will be determined by us in our sole discretion. The images and other content included as part of Virtual Goods is part of our Proprietary Materials (as defined in the Zoosk Terms of Use) and is subject to all terms and conditions regarding such Proprietary Materials as set forth in the Zoosk Terms of Use. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding content as set forth in the Zoosk Terms of Use. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by Zoosk.

  6. ERRORS

    While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or Zoosk Coins or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, Zoosk Coins as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, click here (make sure you choose the topic “Billing Questions” in the form). You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.

  7. DISCLAIMERS

    ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, INCLUDING ZOOSK COINS AND VIRTUAL GOODS, ARE PROVIDED "AS-IS" AND ZOOSK, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

    Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

  8. LIMITATION ON LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOSK OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY VIRTUAL GOODS OR ZOOSK COINS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF ZOOSK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOSK’S AND ITS LICENSORS’ AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  9. INDEMNITY

    You agree to indemnify and hold Zoosk, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of your purchase or use of any Virtual Goods or Zoosk Coins, or other products or services made available through Services, any termination or suspension of your account or right to use Virtual Goods or Zoosk Coins or any violation of these VGC Terms of Use, the Zoosk Terms of Use, of any law or the rights of any third party.

  10. MISCELLANEOUS

    These VGC Terms of Use constitute the entire agreement between you and Zoosk regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. If any provision of these VGC Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Zoosk to exercise or enforce any right or provision in these VGC Terms of Use shall not operate as a waiver of such right or provision. Other than any entities that Zoosk owns a 50% or greater interest in, there are no third-party beneficiaries to these VGC Terms of Use and no third party who is not a party to this agreement shall have any right to enforce any term of these VGC Terms of Use. In the event of a conflict between these VGC Terms of Use and the Zoosk Terms of Use with respect to the terms of conditions of the Zoosk Coins or any Virtual Good, these VGC Terms of Use shall be controlling.