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Terms of Service

TERMS OF USE AGREEMENT

Last Revised: March 24, 2020

CANCELLATION RIGHTS

Special notice to California Members
: You have the right to cancel your subscription and/or upgrade(s)
(including upgrades to a subscription and upgrades without a subscription),
without any penalty or obligation, at any time until midnight of the third
business day after the day on which you purchased a subscription and/or
upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver
a signed and dated notice to CROSSPATHS Customer Care – Spark Networks,
Inc., Attn: Customer Service 3300, N. Ashton Blvd, Suite 240, Lehi, UT
84043, send an email to support@crosspathsapp.com or send a telegram which
states that you are cancelling your subscription and/or upgrade(s) or words
of a similar effect. Include your Company user name and the email address
used to register for the Services with such notice. For additional state
specific information relating to cancellation, please see Section 22
(Cancellation Rights).

Special notice to Canadian Members
: Please refer to Section 26 first for information about how this Terms of
Use Agreement applies to Canadian members including a special notice
regarding provisions that are inapplicable in Quebec.


PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR
USING OUR SITES AND OUR SERVICES, 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 ACCESS OR USE OUR SITES OR OUR SERVICES.


THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION
IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL
BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


IF YOU BECOME A COMPANY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR
OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING
SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN
PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE
SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL
TERMS APPLICABLE TO SUBSCRIPTIONS.

If you have any questions or comments about this Terms of Use Agreement,
you may contact the Company by writing to us at: CROSSPATHS Customer Care –
Spark Networks, Inc., Attn: Customer Service – Terms of Use, 3300 N. Ashton
Blvd, Suite 240, Lehi, UT 84043.

This Terms of Use Agreement (the “Agreement”) is a legal agreement that
governs our relationship with users and others that interact with Spark
Networks, Inc. and our subsidiaries and affiliates (the “Company”, “we,” or
“us”) in connection with the use of our applications or websites (including
www.crosspathsapp.com) (the “Sites”) and our Services (as defined below).
We currently make services, products and features available through our
Sites, applications, which include Mobile Software (as defined in Section
16) and applications available on social networking sites and other
platforms, and other downloadable products (the Sites, the applications,
the downloadable products and all products, services and features provided
by us in connection therewith shall be referred to collectively as, the
“Services”). We may offer additional services or products or modify or
revise any of the Services at our discretion, and this Agreement will apply
to all additional services or products and all modified or revised Services
unless otherwise indicated. We also reserve the right to cease offering any
of the Services. You agree that we shall not be liable to you or any third
party for any modification, revision, suspension or discontinuance of any
of the Services.

Your use of certain Services may be subject to additional terms and
conditions, and such terms and conditions will be either listed in this
Agreement, or will be presented or accessible to you by us when you sign up
to use, or use, such Services (“Additional Terms”). All such Additional
Terms are incorporated by reference into this Agreement unless otherwise
indicated. This Agreement does not alter in any way the terms or conditions
of any other agreement you may have with us for products, services or
otherwise.

All visitors to or users of our Sites or Services, whether registered or
not, are “users” of the Services for purposes of this Agreement. If you
register for the Services by creating an account, you become a “Member”.

This Agreement and any policy or guideline of the Services may be modified
by us in our sole discretion at any time. We shall provide notice of any
such modification, which notice shall, at a minimum, consist of posting the
revised Agreement to the Sites. When we change the Agreement, we will
update the “last revised” date at the top of this page. If you are a
non-subscribing user or Member at the time of any modification, unless
otherwise indicated, any changes or modifications will be effective
immediately upon posting the revisions to the Site or Service, and your use
of the Service after such posting will constitute acceptance by you of the
revised Agreement. If you are a subscribing Member at the time of any
change or modification, unless otherwise indicated this Agreement will
continue to govern your membership until such time that your subscription
renews as contemplated by Section 13. If you continue your subscription,
the renewal will constitute acceptance by you of the revised Agreement.
Alternatively, if you terminate your subscription at such time, your use of
the Service after your termination will constitute acceptance by you of the
revised Agreement. As a result, you should frequently review this Agreement
and all applicable terms and policies to understand the terms that apply to
your use of the Services. If you do not agree to the amended terms, you
must stop using the Services.

1. ELECTRONIC RECORDS

Because the Services are provided electronically, you must consent to our
providing important information electronically if you wish to use the
Services. You consent to being provided with this Agreement, notices,
disclosures, information, policies and other materials in electronic form
(collectively “Electronic Records”), rather than in paper form in
accordance with The Electronic Signatures in Global and National Commerce
Act. Your consent to receive Electronic Records applies to all notices,
disclosures, documents, records or other materials of any kind that we may
be required to provide to you.

Electronic Records will be provided on our Sites and Services or sent to
the email address associated with your account. You may wish to print out
all Electronic Records and keep them for your records. If you have any
trouble printing out, downloading, and/or accessing any Electronic Records,
you may contact us in writing at the address provided above. In order for
you to access and retain Electronic Records sent by us, you must have the
following hardware and software: a computer or other access device capable
of reading html and text files, a modem or other means of accessing the
Internet, a browser capable of accessing and displaying the Company website
and the ability to receive and read emails. To print the Electronic
Records, you will also need a printer.

You may withdraw your consent to receive Electronic Records by contacting
us in writing at the address provided above. However, the Services provided
by us are only available if you agree to receive Electronic Records, and
you understand that withdrawing such consent will result in your account
being deactivated. You can obtain a paper copy of an Electronic Record by
contacting us in writing at the address provided above, provided that we
may charge a reasonable fee to cover the costs of printing and sending the
requested Electronic Record.

2. ELIGIBILITY

By accessing or using the Services, you represent and warrant that: (a) you
are at least 18 years old; (b) you have never been convicted of a felony or
any criminal offense characterized as a sexual offense and are not required
to register as a sex offender with any government entity; (c) you have not
previously been suspended or removed from the Services; (d) 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; (e) you are not a
competitor of us and are not using the Services for reasons that are in
competition with us or other than for its intended purpose; and (f) you are
not located in, under the control of, or a national or resident of any
country which the United States has (i) embargoed, (ii) identified as a
“Specially Designated National” or (iii) placed on the Commerce
Department’s Table of Deny Orders.

3. USE OF THE SERVICES

You agree that you will only use the Services, including the posting of any
content through the Services, in a manner consistent with this Agreement
and any and all applicable local, state, national and international laws
and regulations, including, but not limited to, United States export
control laws. Use of the Services is void where prohibited.

a. Member Account. You will create only one unique profile
for use of the Services. You will not include any telephone numbers, street
addresses, URLs, multimedia, artworks downloaded from external sources,
email addresses or any other contact information in your profile or in any
other publicly viewable User Content (as defined in Section 4 below) or
other communications made in connection with your use of the Services.
Additionally, you will not include your last name in your dating profile.
You understand and agree that anyone may be able to view any information
you choose to make publicly available.

b. Account Security. You understand that you are
responsible for maintaining the confidentiality of the username and
password of your account, and you are fully responsible for all activities
that occur under your username and password, including the purchase of any
of our Paid Services (as defined in Section 13 below). You agree (a) to
immediately notify us if you suspect any unauthorized use of your username
or password or any other breach of security, (b) to ensure that you exit
from your account at the end of each session, (c) not to use the account,
profile, username or password of any other user or Member and (d) to use
particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or
other personal information. You acknowledge that we are not responsible for
any loss or damage arising from the theft or misappropriation of your
username or password. We recommend that you use a strong password for your
account, never use the same password on multiple sites or services and
change your password frequently.

c. Exclusive Use. You will only use the Services for your
sole, personal use and not in connection with any commercial endeavors. You
will not authorize others to use the Services or otherwise attempt to
transfer your right to use the Services to any other person or entity.

d.

Interactions with Other Users; Criminal Background Screenings

. You assume all risk when using the Services, including but not limited to
all risks associated with any online or offline interactions with others,
including dating. There is no substitute for acting with caution when
communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE
THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE
BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR
USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN
OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE
SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE
UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. We do not make any
representations, warranties or guarantees as to the conduct of its users,
information provided by users, or their compatibility with you. You
acknowledge that not all users are available for matching and that we may
create test profiles or accounts to monitor the operation of the Services.
You agree to take all necessary precautions when meeting other users,
especially if you decide to meet in person. IN ADDITION, YOU AGREE TO
REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These
tips provide general advice aimed at engaging in safer dating practices,
such as not providing your last name, home address, place of work,
financial information (such as your credit card number or your bank account
number) or other identifying information to other users and stopping all
communications with anyone who pressures you for personal or financial
information or attempts in any way to trick you into revealing it. You
agree to treat all other users with dignity and respect and comply with our
user conduct rules set forth in Section 3(f) below.

e. No Commercial Solicitation or Advertising. You will not
engage in any advertising or solicitation to buy or sell any products or
services through the use of the Services and you will not transmit any
chain letters, junk or spam email to other users. Additionally, you will
not use any information obtained from the Services in order to contact,
advertise to, solicit or sell to any user without their prior explicit
consent.

f. User Conduct. We are not responsible or liable in any
manner for the conduct of our users, whether or not such conduct is in
connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT
YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the
following in connection with the Services or the users thereof:

i. use the Service in any unlawful manner or in a manner that is harmful to
or violates the rights of others;

ii. engage in any unlawful, harassing, obscene, intimidating, threatening,
predatory or stalking conduct;

iii. use the Services in any manner that could disrupt, damage, disable,
overburden, impair or affect the performance of the Services or interfere
with or attempt to interfere with any other user’s use of the Services;

iv. attempt to interfere with, compromise the system integrity or security
or decipher any transmissions to or from the servers running the Service;

v. impersonate any person or entity, or misrepresent your age, identity,
affiliation, connection or association with, any person or entity;

vi. make any commercial use of the Services or promote or solicit
involvement in or support of a political platform, religion, cult, or sect;

vii. defraud, swindle or deceive other users of the Services;

viii. disseminate another person’s personal information without his or her
permission, or collect or solicit another person’s personal information for
commercial or unlawful purposes;

ix. solicit or engage in gambling or any similar activity or any illegal or
unlawful activity;

x. use any scripts, bots or other automated technology to scrape or access
the Services or take any action that imposes, or may impose at our sole
discretion an unreasonable or disproportionately large load on our
infrastructure;

xi. collect or solicit personal information about anyone under 18;

xii. use the Service for any phishing, trolling or similar activities;

xiii. use the Service to redirect users to other sites or encourage users
to visit other sites;

xiv. harvest or collect email addresses or other contact information of
other users from the Services by electronic or other means or use the
Services to send, either directly or indirectly, any unsolicited bulk
e-mail or communications, unsolicited commercial e-mail or communications
or other spamming or spimming activities;

xv. attempt to access any Services or area of the Sites that you are not
authorized to access;

xvi. bypass the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use
or copying of any content or enforce limitations on use of the Service or
the content therein;

xvii. use another user’s account or permit or allow other people or third
parties to access and use the Services via your account; or

xviii. upload invalid data, viruses, worms, or other software agents
through the Services.

g. Reporting Violations. If you wish to report any
violation of this Agreement by others, including Members, you may do so by
using the “Report This Profile” button or similar button or link on the
Services or by contacting us at support@crosspathsapp.com.

h. Verification and Enforcement. Although we do not
routinely conduct criminal screenings of our users, you agree that we have
the right to do so at our sole discretion, and you consent to such
screening and agree to provide to us complete, accurate and current
information confirming your eligibility for use of the Services. You
understand and agree that if the Company believes in its sole discretion
that you have violated the terms of this Agreement, misused the Services or
behaved in a way that could be regarded as inappropriate, unlawful, illegal
or unsafe, the Company may, among other things, investigate, take legal
action against you and/or terminate your account and cancel your
subscription and/or membership.

4. USER CONTENT

a. Responsibility for User Content. You are solely
responsible for the content and information that you provide, publish,
transmit, display or otherwise communicate to us through the Services or to
other users (collectively referred to as “post”), including without
limitation messages, data, text, photos, video, music, graphics, links or
other materials posted through chat messages, community pages, email
messages, mobile messages, photos and profile information (your submissions
and those of other users, collectively, are “User Content”). The Company
does not control, take responsibility for or assume liability for any User
Content posted by you or any third party, or for any loss or damage
thereto, nor is the Company liable for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you
encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE
THEM AT YOUR OWN RISK.

b. Accuracy of Information. You will not post any
inaccurate, misleading, incomplete or false information or User Content to
us or to any other user. You agree that all images posted to your dating
profile are of you and were taken within the last 2 years and agree to
update your dating profile accordingly. You may be required to supply
certain information and post a photo of yourself to use the Services.

c. No Duty to Review User Content. Although you understand
and acknowledge that the Company has no duty to prescreen, review, control,
monitor or edit the User Content posted by users and is not liable for User
Content that is provided by others, you agree that the Company may, at its
sole discretion, review, edit, refuse to accept or delete User Content at
any time and for any reason or no reason without notice, and you are solely
responsible for creating backup copies and replacing any User Content you
post or store on the Services at your sole cost and expense. This includes
the Company’s right to modify, crop or “photoshop” any photos you submit to
comply with the Company’s policies, practices
and procedures.

d. License of User Content to the Company. The Company
claims no ownership or control over your User Content, except as otherwise
specifically provided herein, on the Services or in a separate agreement.
By submitting or posting User Content, you hereby grant, and you represent
and warrant that you have the right to grant, to the Company, its
affiliates, licensees and successors an irrevocable, perpetual,
non-exclusive, transferable, fully paid, royalty-free, worldwide right and
license to use, copy, publicly perform, publicly display, reproduce, adapt,
modify, distribute, publish, list information regarding, translate, and
syndicate such User Content furnished by you and to prepare derivative
works of, or incorporate into other works, such information and User
Content, and to grant and authorize sublicenses of the foregoing in any
medium. You represent and warrant that the User Content and the public
posting and use of your User Content by the Company will not infringe or
violate any third-party rights, including without limitation any
intellectual property rights or rights of privacy or publicity, or cause
any harm to any third party or violate the terms of this Agreement. You
further represent and warrant that you have the written consent of each and
every identifiable natural person in your User Content to use such person’s
name, voice, or likeness in the manner contemplated by the Service and this
Agreement, and each such person has released you from any liability that
may arise in relation to such use. By posting User Content, you hereby
release the Company and its agents and employees from any claims that such
use, as authorized above, violates any of your rights and you understand
that you will not be entitled to any additional compensation for any use of
your User Content.

e. Use of Proprietary Information of Others. You will not
post, copy, transfer, create any derivative works from, distribute,
reproduce or show in any manner any copyrighted or trademarked or other
proprietary information or materials, including any User Content posted by
other users, without the prior consent of the owner of such proprietary
rights. You acknowledge that information or materials available through the
Services may have copyright protection whether or not it is identified as
being copyrighted.

f. Prohibited Content. You will not post, transmit or
deliver to any other user, either directly or indirectly, any User Content
that violates any third-party rights or any applicable law, rule or
regulation or is prohibited under this Agreement or any other Company
policy governing your use of the Services (“Prohibited Content”).
Prohibited Content includes without limitation User Content that:

i. is obscene, pornographic, profane, defamatory, abusive, offensive,
indecent, sexually oriented, threatening, harassing, inflammatory,
inaccurate, misrepresentative, fraudulent or illegal;

ii. promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;

iii. is intended to, or does, harass, or intimidate any other user or third
party;

iv. may infringe or violate any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party, including User
Content that contains others’ copyrighted content (e.g., photos, images,
music, movies, videos, etc.) without obtaining proper permission first;

v. contains video, audio, photographs, or images of another person without
his or her express written consent (or in the case of a minor, the minor’s
legal guardian) or otherwise violates anyone’s right of privacy or
publicity;

vi. promotes or enables illegal or unlawful activities, such as
instructions on how to make or buy illegal weapons or drugs;

vii. violates someone’s data privacy or data protection rights;

viii. contains viruses, time bombs, trojan horses, cancelbots, worms or
other harmful, or disruptive codes, components or devices;

ix. contains any advertising, fundraising or promotional content; or

x. is, in the sole judgment of the Company, objectionable or restricts or
inhibits any person from using or enjoying the Services or exposes the
Company or its users to harm or liability of any type.

g. Submissions. Separate and apart from the User Content
you provide as part of your use of the Services, you can submit questions,
comments, feedback, suggestions, success stories, ideas, plans, notes,
drawings, original or creative materials or other information relating to
the Company and our Services (collectively, “Submissions”). Submissions,
whether posted to the Services or provided to the Company by email or
otherwise, are non-confidential and shall become the sole property of the
Company. You hereby assign to the Company all right, title and interest,
including without limitation all intellectual property rights, in and to
any and all Submissions. The Company shall be entitled to the unrestricted
use and dissemination of any Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.

h. Social Networking Sites. If you have enabled the use of
our Services through a third-party social networking or similar site or
mobile or other application (a “Social Networking Site”), such as Facebook,
Google or Twitter, you permit the Company to access certain information
about you that is made available to the Company through or from that Social
Networking Site. The information obtained by the Company varies by Social
Networking Site and may be affected by the privacy settings you establish
at that Social Networking Site, but can include information such as your
name, profile picture, network, gender, username, user ID, age range or
birthday, language, location, country, interests, contacts list, friends
lists or followers and other information. By accessing or using our
Services through a Social Networking Site, you are authorizing the Company
to collect, store, retain and use, in accordance with our Privacy Policy,
any and all of your information that the Company has obtained from the
Social Networking Site, including to create a Company profile page and
account for you. Depending on the Social Networking Site and your privacy
settings, the Company may also post information to your Social Networking
Site. Your agreement to the foregoing takes place when you “accept” or
“allow” or “go to” (or other similar terms) our application on a Social
Networking Site or the transfer of information to the Company from such
site. If there is information about your “friends” or people you are
associated with in your Social Networking Site account, the information we
obtain about those persons may also depend on the privacy settings such
people have with the applicable Social Networking Site. You acknowledge and
agree that the Company is not responsible for, and has no control over, any
applicable privacy settings on any Social Networking Sites (including any
settings related to any messages or advertisements about the Company that
the Social Networking Site may send to you or your friends). You should
always review, and if necessary, adjust your privacy settings on Social
Networking Sites before getting or using applications such as ours or
linking or connecting your Social Networking Site account to the Services.
You may also unlink your Social Networking Site account from the Services
by adjusting your settings on the Social Networking Site.

5. PRIVACY

Please refer to our Privacy Policy for information about how the Company
collects, uses, stores and discloses personally identifiable information
from its users. You understand and agree that if you post any content,
information or material of a personal or private nature in your profile or
in any public areas of the Company or post or provide to the Company any
information or content which is intended to be shared with other users,
such content, information and materials will be shared with others
accordingly, and you hereby consent to such sharing. You understand that by
using the Services you consent to the collection, use and disclosure of
your personally identifiable information and aggregate data as set forth in
our Privacy Policy, and to have your personally identifiable information
collected, used, transferred to and processed in the United States or any
other country in which we process your data or make the Services available.
You also consent to receive emails from us in connection with the use or
promotion of the Services.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

Except for your User Content, the Service and all materials therein or
transferred thereby, including, without limitation, software, images, text,
graphics, designs, illustrations, Company logos, patents, trademarks,
service marks, copyrights, photographs, audio, videos, music, information,
data, other files and the arrangement thereof and User Content belonging to
other users (the “Proprietary Materials”), and all intellectual property
rights related thereto, are the exclusive property of the Company and its
licensors (including other users who post User Content to the Service).
Except as explicitly provided herein, nothing in this Agreement shall be
deemed to create a license in or under any such intellectual property
rights of the Company.

You are hereby granted a non-exclusive, limited, non-transferable,
non-sublicensable, freely revocable license to access and use the Services
as permitted by the features of the Services, subject to the terms and
conditions of this Agreement. You agree that you will not (i) copy, modify,
publish, adapt, sublicense, translate, sell, distribute, transmit, perform,
display, reverse engineer, decipher, decompile or otherwise disassemble any
portion of the Proprietary Materials or the Services or cause others to do
so; (ii) “frame” or “mirror” any part of the Services, without our prior
written authorization; (iii) use meta tags or code or other devices
containing any reference to the Company or the Services in order to direct
any person to any other website for any purpose; (iv) resell or make any
commercial use of the Services; (v) use any data mining, robots, or similar
data gathering or extraction methods or otherwise collect any pictures,
descriptions, data or other content from the Services; (vi) forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Services; (vii) use any automated
methods or processes to create user accounts or access the Services or
(viii) use the Proprietary Materials or the Services other than for their
intended purpose. Any use of the Services or Proprietary Materials other
than as expressly authorized herein, without the prior written consent of
the Company, is strictly prohibited and will violate and terminate the
license granted herein. Such unauthorized use may also violate applicable
laws, including without limitation copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in this Agreement shall be construed as conferring
any license to intellectual property rights, whether by estoppel,
implication or otherwise. The Company reserves all rights not expressly
granted herein in the Services and the Proprietary Materials. This license
is revocable at any time.

7. REPEAT INFRINGER POLICY

If you become aware of any violation of any intellectual property laws (in
particular in respect of User Content) you should report this to us by
emailing support@crosspathsapp.com, including your name and address,
details of the location of the content in question and details of the
unlawful nature of the activity or the content.

The Company reserves the right to terminate, in its sole discretion, users
who are deemed to be repeat infringers. The Company may also, in its sole
discretion, limit access to the Services and/or terminate the accounts of
any users who infringe any intellectual property rights of others, whether
or not there is any repeat infringement.

8. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that anything
on the sites infringes upon your copyrights, you may submit a notification
of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing our Copyright Agent with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on our website
(please include URLs to help us identify the material); (iv) your address,
telephone number, and email address; (v) a written statement by you that
you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf. the Company’s designated Copyright Agent to
receive notifications of claimed infringement is:

CROSSPATHS Customer Care – Spark Networks, Inc.

Attn: Copyright Agent

3300 N. Ashton Blvd, Suite 240

Lehi, UT 84043 USA

copyright@spark.net (only DMCA notices will be accepted at this email
address; all other inquiries or requests will be discarded)

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND
CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’
FEES.

Please note that this procedure is exclusively for notifying the Company
and its affiliates that your copyrighted material has been infringed. The
preceding requirements are intended to comply with the Company’s rights and
obligations under the DMCA, including 17 U.S.C. §512(c), but do not
constitute legal advice. It may be advisable to contact an attorney
regarding your rights and obligations under the DMCA and other applicable
laws.

9. TRADEMARKS

The Company’s logos and any other trade name or slogan contained in the
Services are trademarks or service marks of the Company, its partners or
its licensors and may not be copied, imitated or used, in whole or in part,
without the prior written permission of the Company or the applicable
trademark holder. In addition, the look and feel of the Services, including
all page headers, custom graphics, button icons and scripts, is the service
mark, trademark and/or trade dress of the Company and may not be copied,
imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned in the Services are the property of their
respective owners. 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 by us.

10. HYPERLINKS

You are granted a limited, freely revocable, non-exclusive right to create
a text hyperlink to the Company websites for noncommercial purposes,
provided such link does not portray the Company or its Services in a false,
misleading, derogatory or otherwise defamatory manner and provided further
that the linking site is not directed at children and does not contain any
adult or illegal material or any material that is offensive, harassing or
otherwise objectionable. This limited right may be revoked at any time. You
may not use the Company’s logo or proprietary graphics to link to any
Company website without our express written permission. Further, you may
not use, frame or utilize framing techniques to enclose any Company
trademark, logo or other proprietary information, including the images
found in the Services, the content of any text or the layout/design of any
page or form contained in the Services without the Company’s express
written consent. Except as noted above, you are not conveyed any right or
license by implication, estoppel or otherwise in or under any patent,
trademark, copyright or proprietary right of the Company or any third
party.

The Company makes no claim or representation regarding, and accepts no
responsibility for, the quality, content, nature or reliability of
third-party websites accessible by hyperlink from the Services. Such sites
are not under the control of the Company and the Company is not responsible
for the content of any linked site or any link contained in a linked site,
or any review, changes or updates to such sites. the Company provides these
links to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement or adoption by the Company of any site or
any information contained therein. When you leave the Services, you should
be aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any site to which you navigate from the Services. You
understand and agree that you access any such third-party sites and
services at your own risk.

11. THIRD PARTY CONTENT

The Company may provide third party content on the Services and may provide
links to web pages and content of third parties (collectively the “Third
Party Content”) as a service to those interested in this information. The
Company does not control, endorse or adopt any Third Party Content and
makes no representations or warranties of any kind regarding the Third
Party Content, including without limitation regarding its accuracy or
completeness. You acknowledge and agree that the Company is not responsible
or liable in any manner for any Third Party Content and undertakes no
responsibility to update or review any Third Party Content. Users use such
Third Party Content contained therein at their own risk.

12. ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties
or may otherwise provide information about or links to third party products
or services. Your dealings or correspondence with, or participation in
promotions of, such third parties, and any terms, conditions, warranties or
representations associated with such dealings or promotions, are solely
between you and such third party. The Company is not responsible for, and
does not endorse, any features, content, advertising, products, services or
other materials on or available from third party sites. You agree that the
Company shall not be responsible or liable, directly or indirectly, for any
loss or damage of any sort incurred as the result of such dealings or as a
result of the presence of such third party advertisers or third party
information on the Services.

13. PAID SERVICES

a. General. If you purchase any Services that we offer for
a fee (the “Paid Services”), such as a subscription to our Services or
virtual coins (as described below), you authorize the Company and our
designated payment processors to store your payment information and other
related information. You also agree to pay the applicable fees for the Paid
Services (including without limitation periodic fees for ongoing
subscriptions (the “Subscription Fees”) as set forth on the Services) as
they become due plus all related taxes (including without limitation sales
and use taxes, duties or other governmental taxes or fees), and to
reimburse us for all collection costs and interest for any overdue amounts.
All fees and charges are nonrefundable and there are no refunds or credits
for any partially used Paid Services (including partially used subscription
periods) except (i) as expressly set forth in this Agreement, (ii) as
otherwise required by applicable law and (iii) at the Company’s sole and
absolute discretion. Fees for the Paid Services may be payable in advance,
in arrears, per usage or as otherwise described when you initially purchase
the Paid Services. All prices for Paid Services are subject to change
without notice (except as otherwise described in this Section 13).

b. Payment Method. The Company may, from time to time,
offer various payment methods, including without limitation payment by
credit card, by debit card, by check, by certain mobile payment providers
or by using PayPal. You authorize the Company to charge you for Paid
Services through any payment method(s) you select when purchasing the Paid
Services (the “Payment Method”) and you agree to make payment using such
Payment Method(s) (we may, from time to time, receive and use updated
payment method information provided by you or that financial institutions
or payment processors may provide to us to update information related to
your Payment Method(s), such as updated expiration dates or account
numbers). Certain Payment Methods, such as credit cards and debit cards,
may involve agreements between you and the financial institution, credit
card issuer or other provider of your chosen Payment Methods (the “Payment
Method Provider”). If we do not receive payment from your Payment Method
Provider, you agree to directly pay all amounts due upon demand from us.
Your non-termination or continued use of the Paid Services reaffirms that
we are authorized to charge your Payment Method. The Company’s Paid
Services may also be purchased through your accounts with certain third
parties, such as your Apple iTunes account, your Google Play account or
your Amazon account (a “Third Party Account”). If you purchase any Paid
Services through a Third Party Account, billing for these Paid Services
will appear through your Third Party Account. You should review the Third
Party Account’s terms and conditions, which we do not control.

c. Automatic Renewal of Subscriptions. IF YOU PAY FOR A
SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON
OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY
RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH
IN SECTION 13(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR
SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR
SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM
ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH
SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH
SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS
OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE
SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME
SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES,
UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM
THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT
YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION
FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU
ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU
CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR
CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS
AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND
WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE
THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX
RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE
APPLICABLE SUBSCRIPTION FEES.

d. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR
SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 22, GO TO THE APP
STORE FROM WHICH YOU SUBSCRIBED TO OUR SERVICES AND FOLLOW THE
INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY
ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY
AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU
CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 22, YOUR
SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT
SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT
TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION
OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM,
EXCEPT AS PROVIDED IN SECTION 22 OF THIS AGREEMENT OR AS REQUIRED BY
APPLICABLE LAW.

e. Current Information Required. You agree to provide
current, complete and accurate billing information and agree to promptly
update all such information (such as changes in billing address, credit
card number or credit card expiration date) as necessary for the processing
of all payments that are due to the Company. You agree to promptly notify
the Company if your Payment Method is canceled (for example, due to loss or
theft) or if you become aware of a potential breach of security related to
your Payment Method. If you fail to provide any of the foregoing
information, you acknowledge that your current Payment Method may continue
to be charged for Paid Services and you remain responsible for all such
charges.

f. Change in Amount Authorized. If the total amount to be
charged varies from the amount you authorized when purchasing any Paid
Services (other than due to the imposition or change in the amount of
taxes, including without limitation sales and use taxes, duties or other
governmental taxes or fees), the Company will provide notice of the amount
to be charged and the date of the charge at least 10 days before the
scheduled date of the transaction. If you do not cancel your Paid Services
before the increased price goes into effect, you agree to pay the increased
price for the Paid Services. You agree that the Company may accumulate
charges incurred and submit them as one or more aggregate charge during or
at the end of each billing cycle. The Company will inform you of any
additional charges that are accumulated.

g. Virtual Currency and Virtual Products. Please see our
Virtual Goods and Currency Terms of Use here for additional terms
applicable to the purchase and use of virtual currency and virtual products
offered by us. Typically, our virtual currency may be used to purchase
certain features or virtual goods in connection with our Services. Any
virtual currency you receive as a promotion from us will be subject to the
terms of our Virtual Goods and Currency Terms of Use.

h. Incorrect Payments and Errors. In the event that you
submit to us a payment for Paid Services that does not match the price for
the Paid Services you selected, the Company shall have the right, in its
sole and absolute discretion, to (1) return or refund all or some of the
amount of your payment, (2) apply all or some of your payment amount to
other similar Paid Services that have a purchase price less than the amount
of your payment, (3) apply all or some of the amount of your payment to the
purchase of our virtual currency or (4) apply your payment in any
combination of the foregoing ways. The Company reserves the right to
correct any errors or mistakes that it makes even if it has already
requested or received payment.

14. MOBILE SERVICES

You may access and use certain features of the Services using certain
mobile devices (the “Mobile Services”). Your access and use of the Mobile
Services is subject to the terms and conditions of this Agreement,
including without limitation the terms and conditions regarding the use and
submission of User Content, as well as any Additional Terms presented to
you for your acceptance when you sign up to use our Mobile Services.

Please note that by accessing or using the Mobile Services, your carrier’s
normal rates and fees, such as standard message and data rates, still apply
and you are solely responsible for the payment of those fees.

15. DOWNLOADABLE APPLICATIONS

By using any downloadable application to enable your use of the Services,
you are expressly confirming your acceptance of the terms and conditions of
any End User License Agreement, or similar agreement, associated with the
application provided at download or installation, or as may be updated from
time to time.

16. MOBILE SOFTWARE

a. Mobile Software. We may make available software to
access the Services via a mobile or tablet device (“Mobile Software”).
Mobile Software also includes any updates, upgrades or other new features,
functionality, improvements or enhancements to the Mobile Software and any
on-line, read me, help files, or other related explanatory materials
relating to the Mobile Software. To use the Mobile Software, you must have
a device that is compatible with the Mobile Software. The Company does not
warrant that the Mobile Software will be compatible with your device. The
Company hereby grants you a non-exclusive, non-transferable, revocable
license to use a compiled code copy of the Mobile Software for one Company
account on one device owned or leased solely by you, for your personal use
only. You may not: (i) modify, disassemble, decompile or reverse engineer
the Mobile Software, except to the extent that such restriction is
expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the Mobile Software to any third party or
use the Mobile Software to provide time sharing or similar services for any
third party; (iii) make any copies of the Mobile Software; (iv) remove,
circumvent, disable, damage or otherwise interfere with security-related
features of the Mobile Software, features that prevent or restrict use or
copying of any content accessible through the Mobile Software, or features
that enforce limitations on use of the Mobile Software; (v) delete the
copyright and other proprietary rights notices on the Mobile Software; (vi)
block, disable or otherwise affect any advertising, advertisement banner
window, links to other sites and services, or other features that
constitute an integral part of the Mobile Software; (vii) use the Mobile
Software on any device that you do not own or control; or (viii) distribute
or make the Mobile Software available over a network where it could be used
by multiple devices at the same time. You agree to use your best efforts to
prevent and protect the contents of the Mobile Software from unauthorized
use or disclosure. You acknowledge that the Company may from time to time
issue upgraded versions of the Mobile Software, and may automatically
electronically upgrade the version of the Mobile Software that you are
using on your device. You consent to such automatic upgrading on your
device, and agree that the terms and conditions of this Agreement will
apply to all such upgrades. Any third-party code that may be incorporated
in the Mobile Software is covered by the applicable open source or
third-party End User License Agreement, if any, authorizing use of such
code. The foregoing license grant is not a sale of the Mobile Software or
any copy thereof, and the Company or its third party partners or suppliers
retain all right, title, and interest in the Mobile Software (and any copy
thereof). Any attempt by you to transfer any of the rights, duties or
obligations hereunder, except as expressly provided for in this Agreement,
is void. The Company reserves all rights not expressly granted under this
Agreement. Additional terms to those contained in this Section 16 may be
contained in an End User License Agreement associated with any Mobile
Software. Please see the applicable End User License Agreement for more
information.

b. Mobile Software from iTunes or the App Store. The
following applies to any Mobile Software you acquire or download from the
iTunes Store or the App Store provided by Apple (“iTunes-Sourced
Software”): You acknowledge and agree that this Agreement is solely between
you and the Company, not Apple, and that Apple has no responsibility for
the iTunes-Sourced Software or content thereof. Your use of the
iTunes-Sourced Software must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the iTunes-Sourced
Software. In the event of any failure of the iTunes-Sourced Software to
conform to any applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the iTunes-Sourced Software to you; to the
maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the iTunes-Sourced Software,
and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be solely
governed by this Agreement and any law applicable to the Company as
provider of the software. You acknowledge that Apple is not responsible for
addressing any claims of you or any third party relating to the
iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced
Software, including, but not limited to: (i) product liability claims; (ii)
any claim that the iTunes-Sourced Software fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation; and all such claims are
governed solely by this Agreement and any law applicable to the Company as
provider of the software. You acknowledge that, in the event of any third
party claim that the iTunes-Sourced Software or your possession and use of
that iTunes-Sourced Software infringes that third party’s intellectual
property rights, the Company, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by this Agreement. You
and the Company acknowledge and agree that Apple, and Apple’s subsidiaries,
are third party beneficiaries of this Agreement as relates to your license
of the iTunes-Sourced Software, and that, upon your acceptance of the terms
and conditions of this Agreement, Apple will have the right (and will be
deemed to have accepted the right) to enforce this Agreement as relates to
your license of the iTunes-Sourced Software against you as a third party
beneficiary thereof. Without limiting any other terms of this Agreement,
you must comply with all applicable third party terms of agreement when
using iTunes-Sourced Software.

c. Mobile Software from Google Play Store. The following
applies to any Mobile Software you acquire from the Google Play Store
(“Google-Sourced Software”): (i) you acknowledge that the Agreement is
between you and the Company only, and not with Google, Inc. (“Google”);
(ii) your use of Google-Sourced Software must comply with Google’s
then-current Google Play Store Terms of Service; (iii) Google is only a
provider of the Google Play Store where you obtained the Google-Sourced
Software; (iv) the Company, and not Google, is solely responsible for its
Google-Sourced Software; (v) Google has no obligation or liability to you
with respect to Google-Sourced Software or the Agreement; and (vi) you
acknowledge and agree that Google is a third-party beneficiary to the
Agreement as it relates to the Company’s Google-Sourced Software.

d. No Support. This Agreement does not entitle you to
receive from the Company, its licensors, or Apple, any hard-copy
documentation, support, telephone assistance, maintenance, or enhancements
or updates to the Mobile Software.

e. U.S. Government End Users. The Mobile Software was
developed by private financing and constitutes a “Commercial Item,” as that
term is defined at 48 C.F.R. §2.101. The Mobile Software consists of
“Commercial Computer Software” and “Commercial Computer Software
Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent
with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all
U.S. Government end users acquire only those rights in the Mobile Software
that are expressly provided by this Agreement. Consistent with 48 C.F.R.
§12.211, all U.S. Government end users acquire only technical data and the
rights in that data as expressly provided in this Agreement. Any use,
reproduction, release, performance, display or disclosure of the Mobile
Software by the U.S. Government will be governed solely by this Agreement
and is prohibited except to the extent expressly permitted by the terms of
this Agreement.

f. Export Controls. The Mobile Software and the underlying
information and technology may not be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) any country that is
subject to a U.S. Government embargo or has been designated by the U.S.
Government as a “terrorist supporting” country; or (ii) to anyone on the
U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Commerce Department’s Table of Deny Orders. By downloading or using
the Software and/or Documentation, you are agreeing to the foregoing and
you represent and warrant that you (a) are not located in, under the
control of, or a national or resident of any such country or on any such
list, (b) are not listed on any U.S. Government list of prohibited or
restricted parties, and (c) you agree to comply with all United States and
foreign laws related to use of the Mobile Software and other Company
Services.

g. Users Outside the U.S. If you are using the Mobile
Software outside the U.S.A., then the following shall apply: (a) you
confirm that this Agreement and all related documentation is and will be in
the English language (please see Section 25 regarding any translations that
are provided for your convenience); (b) you are responsible for complying
with any local laws in your jurisdiction which might impact your right to
import, export or use the Mobile Software or any services accessed or used
in connection with the Mobile Software, and you represent that you have
complied with any regulations or registration procedures required by
applicable law to make this license enforceable.

h. Injunctive Relief. You acknowledge and agree that your
breach or threatened breach of this Section 16 shall cause the Company
irreparable damage for which recovery of money damages would be inadequate
and that the Company therefore may seek timely injunctive relief to protect
its rights under this Agreement in addition to any and all other remedies
available at law or in equity.

17. FREE TRIALS AND PROMOTIONS

From time to time, we may offer free trials or other promotions (a
“Promotion”). As an example, we may offer promotions that provide free
subscriber-level access to the Services for a certain period of time. YOU
MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 13(d) ABOVE)
BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING
AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES. Furthermore, and for example,
we may provide you with our virtual currency without charge. Any such
virtual currency is subject to the terms of our Virtual Goods and Currency
Terms of Use which can be found here. Additional Terms applicable
to any Promotions may be provided.

18. DISCLAIMERS

THE COMPANY PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES
ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS
AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SERVICES
WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR
WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE
CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE
WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE
DELIVERY OF ANY MESSAGES.

THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR
SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE
ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE
COMMUNITY. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR YOUR
INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR
ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR
USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS
OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE
COMPANY BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING
FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER
CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE
CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS
AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE,
ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES,
OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE,
INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT
RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY
FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE
COMPANY’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE
COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE
GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU
DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY BE LIABLE FOR ANY 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY,
EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE
SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE
CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT
TO DEFRAUD OR HARM YOU.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF
THIS SECTION MAY NOT APPLY TO YOU.

20. GOVERNING LAW AND ARBITRATION; WAIVER; INDEMNIFICATION

Our goal is to resolve any disputes amicably and quickly and we encourage
you to contact us and explain your complaint as soon as it arises.

a. Governing Law. This Agreement shall be governed by the
internal substantive laws of the State of New York, without respect to its
conflict of laws principles. Notwithstanding the preceding sentences with
respect to the substantive law, the interpretation and enforcement of, and
proceedings pursuant to, Section 20(b) of this Agreement shall be governed
by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly
recognize and acknowledge the continuing applicability of our right to
contract for binding arbitration and waiver of any right to participate in
a class Action or jury trial, as set out in Section 20(b) hereof. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. You agree that any claim
or dispute you may have against the Company must be resolved in a federal
or state court located in New York, NY, USA or as described in the
Arbitration provision below. Both you and the Company retain the right to
seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent the actual or threatened infringement,
misappropriation or violation of copyrights, trademarks, trade secrets,
patents, or other intellectual property or proprietary rights, as set forth
in the Arbitration provision below including any provisional relief
required to prevent irreparable harm. You agree that the state or federal
courts located in New York, NY, USA are the exclusive forum for any
proceeding to confirm or vacate an arbitration award rendered in accordance
with Section 20(b) hereof (or for any proceeding seeking relief in aid of
such arbitration) or in the event that the Arbitration provision below is
for any reason held to be unenforceable.

b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT
REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN
WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. For any dispute with the
Company, you agree to first contact us within 30 days of when the dispute
arises at legal@spark.net and attempt to resolve the dispute with us
informally. In the unlikely event that the Company has not been able to
informally resolve a dispute it has with you within 60 days, we each agree
to resolve any claim, dispute, or controversy (excluding any claims for
injunctive or other equitable relief described in Section 20(a)) arising
out of or in connection with or relating to the Services or this Agreement,
or the breach or alleged breach thereof, including disputes related to the
interpretation, applicability, enforceability or formation of this
agreement to arbitrate (collectively, “Claims”), by binding arbitration by
the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS
Optional Expedited Procedures then in effect, except as provided herein.
JAMS may be contacted at www.jamsadr.com. You will have the right to
participate in the selection of the arbitrator, who may be selected by
mutual agreement of the parties or by the procedures provided by JAMS if
the parties are unable to agree on an arbitrator. Unless the parties agree
otherwise, the arbitrator shall be an attorney licensed to practice in the
location where the arbitration proceedings will be conducted or a retired
federal or state judicial officer who presided in the jurisdiction where
the arbitration will be conducted. The arbitration will be conducted in New
York, NY, USA (or the nearest office to Santa Clara County), unless you
request a hearing in your hometown area or you and the Company agree
otherwise. The language to be used in the arbitral proceedings will be
English, unless otherwise agreed by the parties. Payment of all filing,
administration and arbitrator fees and costs will be governed by JAMS
rules, but if you are unable to pay any of them, the Company will pay them
for you. The award rendered by the arbitrator may include your costs of
arbitration, your reasonable attorneys’ fees and your reasonable costs for
expert and other witnesses, and any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. The
Company will not seek its attorneys’ fees or costs in arbitration unless
the arbitrator determines your claims or defenses are frivolous. Nothing in
this Section shall prevent either party from seeking injunctive or other
equitable relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of that party’s
data security, intellectual property rights, or other proprietary rights.
You may sue in a small claims court of competent jurisdiction without first
engaging in arbitration, but this does not absolve you of your commitment
to engage in the informal dispute resolution process. If your claim does
not exceed $10,000, then you may choose whether the arbitration will be
conducted solely on the basis of the documents that you and the Company
submit to the arbitrator, through a telephonic hearing, or by an in-person
hearing.

c. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY
AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND,
UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND
THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE
IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR
OTHER REPRESENTATIVE PROCEEDING.

d. Indemnity. You agree to defend, indemnify and hold the
Company, its subsidiaries and affiliates, and each of their directors,
officers, managers, agents, contractors, partners and employees harmless
from any loss, liability, claim, damages, costs, debts, expenses or demand,
including reasonable attorney’s fees, due to or arising from (i) your use
of or access to the Services, including any data or content transmitted or
received by you, or your inability to use the Services; (ii) any claim or
damages that arise as a result of any of your User Content or any User
Content that is submitted via your account; (iii) your conduct in
connection with the Services or our users, (iv) your violation of any of
the terms of this Agreement, including without limitation your breach of
any of the representations and warranties above, (v) your violation of any
rights of a third party, including without limitation any right of privacy
or intellectual property rights; (vi) any other party’s access and use of
the Services with your unique username, password or other appropriate
security code or (viii) your violation of any applicable laws, rules or
regulations.

e. Severability. If any clause within this Section 20 is
found to be illegal or unenforceable, that clause will be severed from this
section and the remainder of the section will be given full force and
effect, except that in the event of unenforceability of the universal Class
Action/Jury Trial Waiver, the entire arbitration agreement shall be
unenforceable.

21. TERMINATION

Unless otherwise provided, this Agreement is effective upon your first use
of the Services and shall remain in effect until it is terminated in
accordance with the terms of this Agreement.

a. Termination by the Company. Notwithstanding anything to
the contrary in this Agreement, the Company may suspend, deactivate or
terminate your account and your right to use the Services and may block or
prevent your access to and use of the Services at any time in its sole
discretion, for any reason or no reason, without explanation and without
notice (including without limitation blocking users or Members from certain
IP addresses). We also reserve the right to remove or block access to your
account information, User Content or data from our Services and any other
records at any time at our sole discretion. In the event that we determine
that your access to any of the Services is terminated or suspended for
cause, such as due to any breach of this Agreement, flagged conduct or
content, third party complaints or the implementation of our repeat
infringer policy, you agree that all fees then paid to the Company by you
will be nonrefundable, except as otherwise provided by law, and all
outstanding or pending payments under the terms of your subscription will
immediately be due and payable. All decisions as to the refundability of
the fees are in the Company’s sole discretion. Notwithstanding the
foregoing, you may dispute any refunds of fees pursuant to Section 20 of
this Agreement.

b. Termination by You. In addition to any right to cancel
your subscription pursuant to Section 22, below, you may deactivate or
terminate your account at any time, for any or no reason, by accessing the
“settings” page of your account or by contacting us as described above.
Except as otherwise provided by law or under this Agreement, you will not
be entitled to any refund of the fees you have paid to the Company and all
outstanding or pending payments under the terms of your subscription will
immediately be due and payable.

c. Survival. After your account is suspended, deactivated
or terminated, all terms that by their nature may survive termination of
this Agreement shall be deemed to survive such termination, including
without limitation Sections 18, 19, 20 and 24.

22. CANCELLATION RIGHTS

In addition to the cancellation procedure set forth in Section 13(d) above,
if you are a Company subscriber in one of the following states or provinces
(as determined by the zip code / postal code you use at the time of your
subscription), you have the right to cancel your subscription in accordance
with the applicable terms described below for such state or province. The
date of your subscription is the date that you sign up for the subscription
through our Services. Upon cancellation of your subscription in accordance
with this Section 22, your subscription benefits will terminate
immediately.

a.

Arizona. CANCELLATION. You have the right to cancel your subscription
and/or upgrade(s) (including upgrades to a subscription and upgrades
without a subscription), without any penalty or obligation, within
three business days, excluding Sundays and holidays, following the date
you purchased a subscription and/or upgrade(s). A signed written notice
of cancellation (which includes your Company user name and the email
address used to register for the Services) must be sent by certified
mail to CROSSPATHS Customer Care – Spark Networks, Inc., Attn: Customer
Service, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043, or personally
delivered to our offices at that address. Monies paid pursuant to any
subscription and/or upgrade(s) for dating services shall be refunded
within 30 days of receipt of the notice of cancellation.

b.

California. CANCELLATION. You have the right to cancel your
subscription and/or upgrade(s) (including upgrades to a subscription
and upgrades without a subscription), without any penalty or
obligation, at any time until midnight of the third business day after
the day on which you purchased a subscription and/or upgrade(s). To
cancel your subscription and/or upgrade(s), mail or deliver a signed
and dated notice to CROSSPATHS Customer Care – Spark Networks, Inc.,
Attn: Customer Service, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043,
send an email to support@crosspathsapp.com or send a telegram which
states that you are cancelling your subscription and/or upgrade(s) or
words of a similar effect. Include your Company user name and the email
address used to register for the Services with such notice. Notice of
cancellation if given by mail, is effective when deposited in the mail
properly addressed with postage prepaid. All moneys paid pursuant to
any subscription and/or upgrade(s) for dating services shall be
refunded within 10 days of receipt of the notice of cancellation.

c.

Connecticut. NOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT,
WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER
YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE
OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE
SELLER AT THE FOLLOWING ADDRESS: CROSSPATHS CUSTOMER CARE – SPARK
NETWORKS, INC., ATTN: REFUND REQUEST, 3300 N. ASHTON BLVD, SUITE 240,
LEHI, UT 84043. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE
CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY
THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR COMPANY USER NAME
AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH
NOTICE.

d.

Illinois. CANCELLATION. You have the right to cancel your subscription
and/or upgrade(s) (including upgrades to a subscription and upgrades
without a subscription), without any penalty or obligation, within
three business days after the first business day after the date you
purchased a subscription and/or upgrade(s). A written notice of
cancellation (which includes your Company user name and the email
address used to register for the Services) must be sent by certified or
registered mail to CROSSPATHS Customer Care – Spark Networks, Inc.,
Attn: Customer Service, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043.
Monies paid pursuant to any subscription and/or upgrade(s) for dating
services shall be refunded within 30 days of receipt of the notice of
cancellation.

e.

Iowa. Notice of Cancellation. You have the right to cancel your
subscription and/or upgrade(s) (including upgrades to a subscription
and upgrades without a subscription), without any penalty or
obligation, at any time prior to midnight of the third business day
after the date you purchased a subscription and/or upgrade(s). A signed
and dated written notice of cancellation (which includes your Company
user name and the email address used to register for the Services) must
be mailed or delivered to CROSSPATHS Customer Care – Spark Networks,
Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240, Lehi, UT
84043 or send a telegram. Monies paid pursuant to any subscription
and/or upgrade(s) for dating services shall be refunded within 10
business days of receipt of the notice of cancellation.

f.

Minnesota. MEMBERS’ RIGHT TO CANCEL. If you wish to cancel this
contract, you may cancel by delivering or mailing a written notice to
us. The notice must say that you do not wish to be bound by the
contract and must be delivered or mailed before midnight of the third
business day after you purchased a subscription and/or upgrade(s). The
notice must be delivered or mailed to: CROSSPATHS Customer Care – Spark
Networks, Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240,
Lehi, UT 84043. If you cancel, we will return, within ten days of the
date on which you give notice of cancellation, any payments you have
made. Include your Company user name and the email address used to
register for the Services with such notice.

g.

New York. NOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT, WITHOUT
ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE
DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF
CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE
SELLER AT CROSSPATHS CUSTOMER CARE – SPARK NETWORKS, INC., ATTN: REFUND
REQUEST, 3300 N. ASHTON BLVD, SUITE 240, LEHI, UT 84043. IF YOU CANCEL,
ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN
(10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION
NOTICE. INCLUDE YOUR COMPANY USER NAME AND THE EMAIL ADDRESS USED TO
REGISTER FOR THE SERVICES WITH SUCH NOTICE.

h.

North Carolina. NOTICE OF CANCELLATION. You may cancel your
subscription and/or upgrade(s) (including upgrades to a subscription
and upgrades without a subscription) at any time prior to midnight of
the third business day after the date you purchased a subscription
and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail
or deliver a written notice of cancellation (which includes your
Company user name and the email address used to register for the
Services) to CROSSPATHS Customer Care – Spark Networks, Inc., Attn:
Refund Request, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043 no later
than midnight of the third business day after the date you purchased a
subscription and/or upgrade(s). Notice of cancellation, if given by
mail, is given when it is deposited in the United States mail properly
addressed and postage prepaid. Payments made pursuant to any
subscription and/or upgrade(s) for dating services shall be refunded
within 30 days after the notice of cancellation is given.

i.

Ohio. NOTICE OF CANCELLATION. You may cancel your subscription and/or
upgrade(s) (including upgrades to a subscription and upgrades without a
subscription) for any reason, without any penalty or obligation, until
midnight of the third business day after the date you purchased a
subscription and/or upgrade(s), or if the Services are not available
when you purchased a subscription and/or upgrade(s), you may cancel
your subscription and/or upgrade(s) prior to midnight of the seventh
business day after the date on which you receive your first Service. A
written notice of cancellation (which includes your Company user name
and the email address used to register for the Services) must be sent
by certified mail (return receipt requested) or delivered to CROSSPATHS
Customer Care – Spark Networks, Inc., Attn: Refund Request, 3300 N.
Ashton Blvd, Suite 240, Lehi, UT 84043, or sent by email to
support@crosspathsapp.com or by a telegram. Notice of cancellation by
certified mail is effective upon the date of post marking. Delivery is
effective when delivered to the address above. When notice is sent by
electronic mail, notice is effective when the electronic mail is sent
to the Company’s electronic mail address.

j.

Quebec, Canada. NOTICE OF CANCELLATION. You may cancel your
subscription at any time. If you wish to cancel your subscription and
claim a refund for the unused portion of the balance of your
subscription term, you may send a signed and dated copy of your Notice
of Cancellation to CROSSPATHS Customer Care – Spark Networks, Inc.,
Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043.
If you cancel under this provision, the Company will be entitled to
retain a cancellation indemnity calculated in accordance with the
Quebec Consumer Protection Act. Any payments made by you for the unused
portion of your subscription (after deducting the cancellation
indemnity) will be returned within ten (10) business days following
receipt of your cancellation notice. You must include your Company user
name and the email address used to register for the Services with your
cancellation notice.

k.

Rhode Island. NOTICE OF CANCELLATION. You may cancel your subscription
and/or upgrade(s) (including upgrades to a subscription and upgrades
without a subscription) at any time prior to midnight of the third
business day after you purchased a subscription and/or upgrade(s) by
mailing, by certified or registered United States mail, a signed and
dated copy of this Notice of Cancellation at CROSSPATHS Customer Care –
Spark Networks, Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite
240, Lehi, UT 84043. If you cancel under this provision, any payments
made by you will be returned within ten (10) business days following
receipt by the seller of your cancellation notice. Include your Company
user name and the email address used to register for the Services with
such notice.

l.

Wisconsin. CANCELLATION AND REFUNDS. RIGHT TO CANCEL. You are permitted
to cancel your subscription and/or upgrade(s) (including upgrades to a
subscription and upgrades without a subscription) until midnight of the
3rd day after the date on which you signed the contract. If within this
time period you decide you want to cancel this contract, you may do so
by notifying the Company by any writing mailed or delivered to the
Company at the address shown on the contract, within the previously
described time period. If you do so cancel, any payments made by you
will be refunded within 21 days after notice of cancellation is
delivered, and any evidence of any indebtedness executed by you will be
canceled by the Company and arrangements will be made to relieve you of
any further obligation to pay the same. Include your Company user name
and the email address used to register for the Services with such
notice.

23. STATE SPECIFIC PROVISIONS

If you are a Company subscriber in one of the following states (as
determined by the zip code you use at the time of your subscription), the
provision(s) listed below for such state will apply. Unless otherwise
stated, you may exercise any rights applicable to you by providing written
notice to us (which includes your Company user name and the email address
used to register for the Services) by mail at CROSSPATHS Customer Care –
Spark Networks, Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240,
Lehi, UT 84043.

a. California. The following additional provisions(s)
apply if you are a California subscriber (as determined by the zip code you
use at the time of your subscription):

i. If by reason of death or Disability (as defined below) you are unable to
receive all services for which you have contracted, you and your estate may
elect to be relieved of the obligation to make payments for the Services
other than those received before death or the onset of disability. If you
have prepaid any amount for Services, so much of the amount prepaid that is
allocable to Services that you have not received shall be promptly refunded
to you and your representative. “Disability” means a condition which
precludes you from physically using the Services specified in the contract
during the term of disability and the condition is verified in writing by a
physician designated and remunerated by you. The written verification of
the physician shall be presented to the Company. If the physician
determines that the duration of the disability will be less than six
months, we may extend the term of the contract for a period of six months
at no additional charge to you in lieu of cancellation.

ii. You acknowledge that the Services are accessible online and are offered
in many locations internationally and that therefore, there is no physical
dating service office. Thus, you acknowledge and agree that for purposes of
California Civil Code¬§ 1694.3(b), the term “Dating Service Office” shall
mean any location where the Services are available. If you relocate your
primary residence further than 50 miles from the Company’s Dating Service
Office and you are unable to transfer the contract to a comparable
facility, you may elect to be relieved of the obligation to make payment
for services, other than those received prior to that relocation. Upon such
election, if you have prepaid any amount for dating services, so much of
the amount prepaid that is allocable to services that you have not received
shall be promptly refunded to you If you elect to be relieved of further
obligation pursuant to this subdivision, the Company may charge you a fee
of $100.00 or, if more than half the life of the contract has expired, a
fee of $50.00, not to exceed the amount of the refund to which you are
entitled. Such fee shall be deducted from any refund which the Company is
required to make to you.

b. Illinois. The following additional provision(s) apply
if you are an Illinois subscriber (as determined by the zip code you use at
the time of your subscription):

i. You acknowledge that the Services are accessible online and are offered
in many locations internationally and that therefore, there is no physical
dating service office. Thus, you acknowledge and agree that for purposes of
the Illinois Dating Referral Services Act, the location of an “enterprise”
shall mean any location where the Services are available. If you relocate
your primary residence to a location that is more than 25 miles from where
our Services are comparably offered, you may cancel this contract and shall
be liable only for that portion of the charges allocable to the time before
reasonable evidence of the relocation is presented to the Company plus a
fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such
fee shall be deducted from any refund which the Company is required to make
to you.

ii. If by reason of death you are unable to receive all services for which
you have contracted, your estate may elect to be relieved of the obligation
to make payments for the Services other than those received before death.
We shall have the right to require and verify reasonable evidence of the
death.

c. New York. The following additional provisions(s) apply
if you are a New York subscriber (as determined by the zip code you use at
the time of your subscription):

i. If you subscribe for any Paid Services, the Company will provide a
minimum of one match to you each month. In the event we do not provide at
least one match for two or more successive months, you shall have the
option to cancel this agreement by notifying us in writing at the address
stated in this Agreement and to receive a refund of all monies paid
pursuant to the cancelled contract; provided, however, that the Company
shall retain as a cancellation fee 15% of the cash price or a pro rata
amount for the number of referrals furnished to you, whichever is greater.
This shall be your sole remedy for failure to provide the minimum number of
referrals.

ii. Except in connection with any merger, sale of company assets,
reorganization, financing, change of control or acquisition of all or a
portion of the Company’s business by another company or third party or in
the event of bankruptcy, the Company will not without the prior written
consent of the purchaser sell, assign or otherwise transfer for business or
for any other purpose to any person any information and material of a
personal or private nature acquired from a purchaser directly or indirectly
including but not limited to answers to tests and questionnaires,
photographs or background information. You acknowledge and agree that if
you post any information, including photographs, to the Services for
posting on your profile or other areas of the Services, such information
will be publicly accessible, and you are consenting to the display of such
information on the Services.

iii. If you permanently relocate your primary residence further than 50
miles from any area in which the Company offers the Services, you may elect
to terminate your subscription by notifying us in writing at CROSSPATHS
Customer Care – Spark Networks, Inc., Attn: Refund Request, 3300 N. Ashton
Blvd, Suite 240, Lehi, UT 84043. Upon such election, your subscription
benefits will cease and you will receive a prorated refund of the
Subscription Fee paid, less a termination fee of $50.00, not to exceed the
amount of the refund to which you are entitled.

iv. You have the right to place your subscription on hold for a period of
up to one year at any time. To do this, you must notify the Company in
writing (which includes your Company user name and the email address used
to register for the Services) at CROSSPATHS Customer Care – Spark Networks,
Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043.

d. Ohio. The following additional provision(s) apply if
you are an Ohio subscriber (as determined by the zip code you use at the
time of your subscription):

i. If by reason of death or disability you are unable to receive the
benefits from the Services, the contract shall be proportionally divided by
all of the days in which the Services were made available to you as part of
the contract offering, and you shall be liable for payments only for that
portion of the contract that can be attributed to the period prior to your
actual death or disability, exclusive of any period of time in which the
Services were made available to you free of charge as part of the contract
offering, and within 30 days after receiving notice of your death or
disability, we shall refund your representative or you the amount paid in
excess of the proportional amount. We shall have the right to require and
verify reasonable evidence of the death or disability.

ii. If you relocate your residence 25 miles or more from any area in which
the Company offers the Services, you may elect to terminate your
subscription by notifying us in writing at CROSSPATHS Customer Care – Spark
Networks, Inc., Attn: Refund Request, 3300 N. Ashton Blvd, Suite 240, Lehi,
UT 84043 of your intention to relocate and requesting that the contract be
terminated. Upon such election, your subscription benefits will cease and
you will receive a prorated refund of the Subscription Fee paid.

24. MISCELLANEOUS

This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by the Company without
restriction. Any attempted transfer or assignment in violation hereof shall
be null and void. You agree that this Agreement, together with the Privacy
Policy and any Additional Terms, contains the entire agreement between you
and the Company regarding the use of the Services and supersedes all prior
agreements and understandings (including without limitation any prior
versions of this Agreement), except to the extent that the parties have
entered into a separate written agreement applicable to the Services that
expressly governs over this Agreement. If any provision, or any portion
thereof, of this Agreement 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, except
that in the event of unenforceability of the universal Class Action/Jury
Trial Waiver, the entire arbitration agreement shall be unenforceable. The
failure of the Company to exercise or enforce any right or provision in
this Agreement shall not operate as a waiver of such right or provision.
Other than any affiliate of the Company, there are no third-party
beneficiaries to this Agreement and no third party who is not a party to
this Agreement shall have any right to enforce any term of this Agreement.
Spark Networks, Inc. is a corporation organized under the laws of the State
of Delaware, USA (file number 4194366).

25. LANGUAGE OF THE AGREEMENT

The language of this Agreement is English. Where the Company has provided a
translation of the English version of this Agreement, you agree that the
translation is provided for your convenience only and that the English
language version of this Agreement will govern your relationship with the
Company. If there is any contradiction between what the English language
version of this Agreement says and what a translation says, then the
English language version will take precedence.

26. SPECIAL NOTICE TO CANADIAN MEMBERS

This Terms of Use Agreement applies to our Canadian Members with the
following modifications. Section 20(a) (Arbitration) does not apply to
Canadian Members. Section 20(b) (Class Action and Jury Trial Waiver) does
not require a Canadian Member to waive a right to a class action
proceeding. Notwithstanding paragraph (a) of Section 16(e) (Language) and
Section 25 (Language), the French language version of this Terms of Service
Agreement will govern for Quebec Members. For Quebec Members, Section 18
(Disclaimers) does not affect the legal warranty in Quebec and Section 18
(Limitation of Liability) does not excuse the Company from its own acts.
Notwithstanding Section 20, this Agreement will be governed by the laws of
the Province of Quebec for Quebec Members. References in this Section 26 to
a Canadian Member or to a Quebec Member will be determined by the postal
code of the Member used at the time of subscription.



Virtual Goods and Currency Terms of Use

Last Revised: March 24, 2020

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 (“Coins”) may be made available to you from time to time by Spark
Networks, Inc. or its subsidiaries or affiliated companies (collectively,
“us”, “we” or the “Company”) 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 Coins through our
Services are governed by these Virtual Goods and Currency Terms of Use
(“VGC Terms of Use”) and by the Company 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
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: CROSSPATHS Customer Care – Spark Networks, Inc., Attn:
Virtual Goods Terms, 3300 N. Ashton Blvd, Suite 240, Lehi, UT 84043.

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 Company 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 Coins through our Services,
you authorize the Company, 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 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.
COINS

In our sole discretion, we may offer you the opportunity to obtain and
redeem Coins for use with our Services. We may charge fees for the right to
use Coins, or we may distribute the Coins without charge, each in our sole
discretion. When you redeem Coins, we will redeem Coins that you have
purchased before redeeming 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 Coins.

Your Coins will be stored in an account for you. The Coins may be redeemed
solely by the Company 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
Coins based on your place of residence. For clarification, although you may
buy Coins via mobile services, the Coins are not redeemable for content or
services offered by any carrier.

While the 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
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 Company
account; or (b) we have been unable to reach you to verify that you intend
to continue use of your account. 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 our sole discretion,
including without limitation the actions described above if your account
becomes inactive or is deactivated.

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

Further, we may suspend or otherwise limit your access to your 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 Coins
account balance, your right to use your Coins account balance immediately
ceases.

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

If we post Coins to your account for an activity that is subsequently
voided or canceled or that involves a returned item, then we will remove
those Coins from your account. You must ensure that we properly post your
Coins to your Coins account. If you believe that you have validly acquired
Coins that we have not posted to your Coins account, you must contact us
within one hundred twenty (120) days after the date you claimed to have
acquired those 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 Coins
for access to certain Virtual Goods through our Services. As part of these
Services, and subject to the Company 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 the Company 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 Company Terms of Use or
deactivate your Company 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
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 Company Terms of Use) and is
subject to all terms and conditions regarding such Proprietary Materials as
set forth in the Company 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 Company 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 the Company.

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 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,
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, email us
at support@crosspathsapp.com. 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 COINS AND VIRTUAL GOODS, ARE PROVIDED “AS-IS” AND THE COMPANY, 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 THE
COMPANY 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 COINS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF
THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE COMPANY’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 the Company, 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
Coins, or other products or services made available through Services, any
termination or suspension of your account or right to use Virtual Goods or
Coins or any violation of these VGC Terms of Use, the Company 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 the
Company 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 the Company 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 affiliate of the Company, 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 Company Terms of Use with respect
to the terms of conditions of the Coins or any Virtual Good, these VGC
Terms of Use shall be controlling.