Membership Agreement
THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT
LEAST 18 YEARS OLD).
The 40SomethingSingles.com service ("40SomethingSingles.com" or the "Service") is a way for adults to
meet each other online. 40SomethingSingles.com is provided by its Parent Company., located at 325
W. Washington St Ste. 2415 San Diego, CA 92103 , USA. This is a legal agreement between you and The
Hive. By registering for 40SomethingSingles.com, you become a member of the Service and you agree
to be bound by these terms and conditions (the "Terms").
Modification
You agree that 40SomethingSingles.com may amend or modify these Terms or impose new conditions
at any time by updating these Terms. Any use of the Services after such updating shall be deemed
to constitute acceptance of such amendments, modifications, or new conditions. Should you object
to any such modifications to these Terms, your sole and exclusive remedy is to discontinue using
the Service.
International Users
The Service is offered from the operations of 40SomethingSingles.com in the United States of America.
40SomethingSingles.com makes no representation that the Services are appropriate or available in other
locations. If you access the Service from other locations, you do so on your own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. As a
member, you agree that 40SomethingSingles.com may collect, use and transfer your personal
information as described in the Privacy Policy, including transfer outside the country where you live.
Membership
MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter,
40SomethingSingles.com may require that you provide sufficient information to indicate that you are at
least 18 years old. By becoming a member, you represent, and warrant that you are at least 18
years old. Your membership in the 40SomethingSingles.com service is for your sole, personal use. You
may not authorize others to use your membership, and you may not assign or otherwise transfer
your account to any other person or entity. Either you or 40SomethingSingles.com may terminate your
40SomethingSingles.com membership at any time, for any reason, effective upon sending written notice
to the other party. 40SomethingSingles.com reserves the right, without notice and in its sole discretion, to
terminate or cancel your access rights to the Services immediately without notice.
40SomethingSingles.com reserves the right at any time to modify or discontinue the Service and you
agree that 40SomethingSingles.com and Parent Companies shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Service.
Email Policy
40SomethingSingles.com or Parent Companies will notify you via email of any new messages in your
40SomethingSingles.com inbox. A message in your inbox could be any of the following: (1) an "email"
message from another 40SomethingSingles.com member; (2) a "flirt" from another 40SomethingSingles.com
member; (3) a message from 40SomethingSingles.com that it has made a "one to one match" or
"matches" between your profile and the profile(s) of one or more other member(s) based on its
proprietary matching system; (4) a message from 40SomethingSingles.com that a member has shown
an "interest" in you by viewing your profile; or (5) a message from 40SomethingSingles.com or parent
company regarding new features, updates, or special offers. The email notification from
40SomethingSingles.com will contain a link to 40SomethingSingles.com or Parent Company to allow you to
log in and view the new message(s) in your inbox. An icon displayed next to the message in your
inbox will indicate the category to which the message belongs.
Online Conduct
You are solely responsible for the content, or information you publish or display on the Service, or
transmit to other members. You will not post on the Service, or transmit to other members, or
employees, any defamatory, fraudulent, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes
or violates another party's rights (including, but not limited to, intellectual property rights, and rights
of privacy and publicity). You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your profile, any telephone numbers, street addresses,
last names, URL's, e-mail addresses, offensive anatomical, sexual references, or offensive sexually
suggestive or connotative language, and you will not post any photos containing nudity or personal
information. 40SomethingSingles.com and Parent Companies reserves the right, but has no obligation, to
reject any profile or photo that does not comply with these prohibitions. You will not engage in
advertising to, or solicitation of, other members to buy or sell any products or services through the
Service. You will not transmit any chain letters, or junk e-mail to other members. You will not post,
distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the owner of such proprietary rights. You are
solely responsible for your interactions with other members. 40SomethingSingles.com reserves the right,
but has no obligation, to monitor disputes between you and other members.
Indemnification
You will defend, indemnify, and hold harmless 40SomethingSingles.com and Parent Companies, its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service,
including without limitation, any breach by you of these Terms.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the
40SomethingSingles.com service are those of their respective authors, and not of 40SomethingSingles.com
and Parent Companies, and should not necessarily be relied upon. Such authors are solely
responsible for such content. 40SomethingSingles.com does not guarantee the accuracy, completeness,
or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will
40SomethingSingles.com or Parent Companies be responsible for any loss or damage resulting from
anyone's reliance on information, or other content posted on the 40SomethingSingles.com service, or
transmitted to 40SomethingSingles.com members.
Personal Information
40SomethingSingles.com is and Parent Companies are not responsible for the use of any personal
information that you may choose to disclose on the Service. Please carefully select the type of
information that you post on the 40SomethingSingles.com service or release to others.
40SomethingSingles.com reserves the right, but has no obligation to monitor the materials posted in the
public areas of the Service. 40SomethingSingles.com and Parent Companies have the right to remove
any such material that violates, or is alleged to violate, the law or this agreement; however, you
remain solely responsible for the content of the materials you post in the public areas of the Service
and your e-mail messages sent through the Service.
Proprietary Rights
40SomethingSingles.com and Parent Companies own and retains other proprietary rights in the Service.
The Service contains the copyrighted material, trademarks, and other proprietary information of
40SomethingSingles.com, its Parent Companies, and its licensors. In addition, other members may post
copyrighted information, which has copyright protection whether or not it is identified as copyrighted.
Except for that information which is in the public domain, or for which you have been given
permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information. By posting information, a photograph or content to any public area of
40SomethingSingles.com , you automatically grant, represent, and warrant that you have the right to
grant, to 40SomethingSingles.com, Parent Companies, and other members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such
information and content and to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sublicenses of the foregoing.
Complaints
To resolve a complaint regarding the 40SomethingSingles.com service, you should first contact
40SomethingSingles.com Customer Support by using the contact information provided.
Disclaimer of Warranties
Use of the Services is at your sole risk. All content and services provided by 40SomethingSingles.com
and Parent Companies on the Services is provided "as is" and on an "as available basis." Neither
40SomethingSingles.com, Parent Companies, nor its affiliates, subsidiaries, or designees nor each of
their respective officers, directors, employees, agents, third-party content providers, designers,
contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively,
"Affiliates") warrant that use of the Services will be uninterrupted or error-free. Neither
40SomethingSingles.com, Parent Companies, nor its Affiliates warrant the accuracy, integrity or
completeness of the content provided on the Services. 40SomethingSingles.com and Parent Companies
DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT.
LIMITATION OF LIABILITY
In no event shall 40SomethingSingles.com or Parent Companies be liable for any direct,
incidental, consequential, or indirect damages (including, but not limited to, damages for
loss of data, loss of programs, cost of procurement of substitute services or service
interruptions) arising out of, or related to, the use of, or inability to use, the Service, even if
40SomethingSingles.com, Parent Companies or its agents or representatives know or have been
advised of the possibility of such damages. 40SomethingSingles.com'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 40SomethingSingles.com. for the Service during the term of
membership. In addition, 40SomethingSingles.com and Parent Companies disclaim all liability,
regardless of the form of action, for the acts or omissions of other members or users
(including unauthorized users) of the Service.
Jurisdiction
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to
rules generally applicable to resolving conflicts of laws. You agree to both the exclusive jurisdiction
and the exclusive venue of the federal and state courts of Massachusetts, with respect to any claim
or cause of action, whether in law or in equity, arising under or relating to these Terms or use of the
Service.
MANDATORY ARBITRATION TO RESOLVE DISPUTES
PLEASE READ THIS PROVISION CAREFULLY. THIS PROVISION MEANS THAT, EXCEPT AS
NOTED BELOW IN THE SECTION ENTITLED "CLASS ACTION WAIVER," YOU AND WE
AGREE TO ARBITRATE ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT IN ANY
WAY ARISE OUT OF OR RELATE TO THE AGREEMENT, THE USE OF THE SERVICE, OR THE
PROVISION OF SERVICES OR PRODUCTS PROVIDED TO YOU, INCLUDING, WITHOUT
LIMITATION, ANY BILLING DISPUTES. ALL SUCH CLAIMS AND DISPUTES SHALL BE
SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION
ASSOCIATION ("AAA"). The arbitration shall be conducted under the AAA Rules and
Supplemental Procedures for consumer-related disputes and shall take place in Boston,
Massachusetts. You acknowledge that the Agreement affects interstate commerce and that the
Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. Before
instituting arbitration, you agree to provide us with an opportunity to resolve your claim or dispute by
sending us a written description of your claim and negotiating with us in good faith regarding your
claim. If we are not able to resolve your claim or dispute within 40 days of receipt of your notice,
then you may initiate arbitration proceedings with the AAA.
CLASS ACTION WAIVER.
IF YOU INITIATE AN ACTION AGAINST US, YOU ACKNOWLEDGE AND AGREE THAT YOU
MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS
REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF
AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN
CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW,
THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH
CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN
A SMALL CLAIMS COURT.