Welcome to The DateMetriX Dating App Evaluates Personality Compatibility user agreement (the 'Agreement'). This Agreement is made between our parent company DNA Romance LTD (“DateMetriX”, “us”, “we” or “our”), the owner and operator of https://www.dnaromance.com/, (the “Sites”) and the DateMetriX mobile Apps including The DateMetriX Dating App Evaluates Personality Compatibility, DateMetriX and Gene Pool, known as the applications (“Apps”), and you (“you” or “your” or “user(s)”), a user of the Site and/or Apps (together, the “Services”). This Agreement governs your access and use of the Services.
This Agreement incorporates by reference the Privacy Policy posted by us on our Site (the “Privacy Policy”), and any other policies posted by us on our Site from time to time and expressly referencing this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND DateMetriX, AND IS DEEMED ACCEPTED BY YOU UPON YOUR FIRST ACCESS, USE OR DOWNLOAD OF ANY OF THE SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS, USE OR DOWNLOAD ANY OF THE SERVICES. Users of our Services must be at least eighteen (18) years of age and the age of majority as defined in the applicable jurisdiction(s). Use of our Services by anyone under such age is expressly prohibited.
DateMetriX operates an online dating service that matches users based on their DNA compatibility. We use proprietary algorithms to analyze your DNA information and match you to other users based on their DNA information. We make no representations, warranties or guarantees relating to our Services, and specifically, any matching we provide in connection with our Services. For certainty, a match with another user of our Services does not guarantee compatibility, and any action you take relating to the information we provide is at your sole risk and liability.
While DateMetriX prohibits conduct and use of the Services that is in violation of any of the terms below, you understand and agree that DateMetriX cannot be responsible for the content posted on the Services. DNA ROMANCE does not pre-screen any user content, but DateMetriX and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any such content that is available via the Services. As such, you may be exposed to materials that is in violation of these terms. You agree that your use of the Services is at your own risk and liability, and that DateMetriX is released of any liability in connection with same. You are solely responsible for all content posted and activity that occurs under your account.
In accessing, using and/or downloading the Services, you must not:
(a) Submit DNA samples that are not your own;
(b) post, list or upload content or items in inappropriate categories or areas on our Services;
(c) breach or circumvent any laws or any third-party rights;
(d) use our Services if you are not able to form legally binding contracts (i.e. lacking legal capacity with
respect to age, mental capacity or other factor), or are temporarily or indefinitely suspended from using our
Services;
(e) block ads that are used on the Services;
(f) post false, inaccurate, misleading, abusive, deceptive, defamatory, indecent, violent, illegal or libelous content;
(g) transfer your DateMetriX account to another party without our consent;
(h) add any other user to your mailing list or otherwise contact any other user without their explicit consent;
(i) distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
(j) distribute viruses or any other technologies that may harm DateMetriX or the interests or property of users;
(k) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated
means to access our Services for any purpose, except with the prior written consent of DateMetriX;
(l) interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
(m) infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property
rights (collectively “Intellectual Property Rights”) that belong to or are licensed to DateMetriX. Some, but
not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying,
reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to
DateMetriX or third parties;
(n) infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or
post content that does not belong to you;
(o) harvest or otherwise collect information about users without their consent;
(p) circumvent any technical measures we use to provide the Services or take any action to violate, interfere with
or undermine the security or system integrity of the Services;
(q) reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit,
translate, or create derivative works of, the Services or the content therein or any part thereof except with the
prior written consent of DateMetriX or in the ordinary and prescribed use of the Services;
(r) engage in any activity that is competitive with DateMetriX, as determined in DateMetriX’s sole discretion in each instance;
(s) take any action that would damage, harm, or diminish DateMetriX’s reputation, goodwill, or public image; or
(t) represent or suggest that DateMetriX endorses any user, business, product, or service, except with the
prior written consent of DateMetriX.
If DateMetriX determines, in our sole discretion, that you are abusing the Services or failing to comply with the
terms of this Agreement, we may, without limiting any other available remedies, limit, suspend or terminate your
user
account(s) and access to our Services, delay or remove hosted content, remove any special status associated with
your
account(s), and take technical and/or legal steps to prevent you from using our Services.
In our sole discretion, we may cancel unconfirmed accounts, accounts created by bots or any other automated
method,
or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we
reserve
the right at any time and from time to time to refuse or terminate all or part of our Services to anyone for any
or
no
reason at our sole discretion.
You are prohibited from using the Services if you:
(a) are a sex offender under the laws of any global
jurisdiction; or
(b) if you have been convicted of a felony or similar offense in any global jurisdiction.
DateMetriX does not perform criminal background or identity verification checks at this time. DateMetriX does not control anything other users say or do. You are solely responsible for your use of DateMetriX’s service and your interactions with other users (either on, or off the DateMetriX platform). DateMetriX makes no representations or warranties as to the identity, intentions, legitimacy of any user:
• DateMetriX does not currently conduct criminal or other background screenings of our users but, we do reserve the right to conduct criminal background check or other screenings (such as sex offender registration searches) at any time.
• DateMetriX does not inquire into the backgrounds of our users or attempt to verify the information provided by our users in connection with account creation, including the accuracy of the date of birth reported for age verification purposes.
• DateMetriX does not verify the information provided by users with respect to users’ identity, health, physical condition, or otherwise.
• You acknowledge that you may receive access to user-generated content that might offend you.
When providing information and content using the Services (directly or indirectly), you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and
all Intellectual Property Rights (as defined above) you have in that content in connection with our provision,
expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted
under applicable law, you waive your right to enforce against DateMetriX, our assignees, our sublicensees, and
their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and
those
sublicensees’ use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary
rights to
do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate.
You represent and warrant that use of any such content (including derivative works) by us, our users, or others in
contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property
Rights, privacy rights or contractual rights of any third party. DateMetriX takes no responsibility and assumes
no liability for any content provided by you or any third party.
The content contained on the Services, including without limitation the text, graphics, images, audio, video and
other material, as well as the taglines and look-and-feel (collectively, the “Content”), is protected by copyright,
trademark and other such intellectual property laws in Canada, the United States and foreign countries, and is owned or
controlled by DateMetriX or by third parties that have licensed their Content to DateMetriX. Unauthorized use of
the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are
configured to enable download of the Services or any Content therein, DateMetriX grants you a limited,
revocable, non-exclusive license to download one copy of such Content to a single device for your personal use
only,
provided that you:
(a) maintain all copyright and other proprietary notices contained in the original Content;
(b)
without prior written permission from DateMetriX in each instance, not sell, manipulate, modify, reproduce,
display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in
any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such
Content was provided to you; and
(c) do not otherwise use the Content in a manner that is contrary to this
Agreement. The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with
the Content, are owned by DateMetriX or third-party licensors. Except as expressly contemplated herein, you
are prohibited from using such Marks without prior written permission from DateMetriX or such applicable
third party in each instance.
For certainty, DateMetriX retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of this Agreement.
Access, use and/or download of the Services and certain of its features, tools and/or activities may require payment of a fee (“Service Fees”). Service Fees are non-refundable. We use third party payment processors in order to facilitate Service Fee payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processors terms and conditions. Any claim and dispute you may have in connection with Service Fees must be solely directed to such applicable Payment Processor, and you hereby release DateMetriX, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
YOU AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES, YOU AGREE THAT DateMetriX AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING, DOWNLOADING, USING, OR THE INABILITY TO ACCESS, DOWNLOAD OR USE, THE SERVICES. BY ACCESSING, DOWNLOADING OR USING THE SERVICES YOU AGREE THAT DateMetriX IS NOT RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME. DateMetriX IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF OTHER USERS OR THIRD PARTIES.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR PARENT,
SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND
EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY
DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR
REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES) ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM:
(A) THE CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) WHEN USING THE SERVICES;
(B) YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES;
(C) DELAYS OR DISRUPTIONS IN OUR SERVICES;
(D) ANY ACTS OR OMMISSIONS YOU TAKE IN THE COURSE OF USING THE SERVICES;
(E) ANY RELIANCE YOU PLACE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES;
(F) ANY GOODS,
SERVICES OR INFORMATION YOU OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES; OR
ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR USE OF THE SERVICES; OR
(G) ANY ACTION TAKEN BY DateMetriX IN ACCORDANCE WITH THIS AGREEMENT.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES,
LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH
LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED
BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IN ANY EVENT, DateMetriX’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW.
We are not a health care or health service provider and do not report on any medical or health related issue that may be evidenced by your DNA or other information. We do not provide medical advice or any diagnosis and no communication or action by us in connection with the Services shall be construed by you as such. We shall not be considered a trustee of your DNA information, nor shall we assume any legal or ethical obligation to you as a result of your using our Services, except as expressly contemplated in this Agreement. The algorithm we use, the information we rely on to deliver the Services, and the data points we analyze have not been clinically validated for the purposes of match making and we disclaim any and all responsibility and liability relating to same. Our Services are not intended to be your primary means for assessing the compatibility, safety, and trustworthiness of an individual. It is your sole responsibility to make such assessments and you hereby release us of any and all responsibility and liability in connection with same.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
You agree to defend, indemnify, and hold harmless DateMetriX and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal and accounting fees, arising from or in any way relating to your breach of or noncompliance with of this Agreement. This indemnification obligation will indefinitely survive termination of this Agreement.
limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination of this Agreement.
The look and feel of the Services is Copyright ©2014-2021 DNA Romance LTD. All rights reserved. Without limitation,
you may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or
concepts without express written permission from DateMetriX.
DateMetriX respects the intellectual property rights of others. If you believe that your Intellectual Property
Rights have been infringed, please notify our Designated Agent and we will investigate. To submit a copyright
infringement notification, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing the below-specified Designated Agent with the following information in writing :
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site or application are covered by a single notification, a representative list of such works at
that site or application;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and
that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us
to locate the material;
• information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA
notice may not be valid.
Our Designated Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email: [DMCA@dnaromance.com]
By Mail:
DMCA Designated Agent
Attn: Legal Department
DNA Romance LTD. 6th Floor, 905 West Pender Street, Vancouver, BC, V6C 1L6, Canada
DateMetriX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of all Services are subject to change upon thirty (30) days’ notice from us. Such notice may be provided at any time by posting the changes to the Site or by emailing you directly. DateMetriX will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
(a) Entire Agreement: This Agreement, which incorporates the Privacy Policy and any other policy herein
referenced, constitute the entire agreement between you and DateMetriX with respect to the subject
matter contained herein and there are no other terms, conditions, representations, warranties, or collateral
agreements, express or implied.
(b) Amendments: DateMetriX may amend this Agreement without notice or consent at any time and from
time to time by posting the amended terms on the Site thirty (30) days prior to the effective date of such
amendments. We may notify you by email of any material amendments. You can determine when this
Agreement was last revised by referring to the “LAST UPDATED” reference expressly provided above. Your
continued access, downloading or use of our Services constitutes your acceptance of the amended terms. This
Agreement may not otherwise be amended except through mutual agreement by you and an DateMetriX
representative who intends to amend this Agreement and is duly authorized to agree to such an amendment.
(c) Force Majeure: Any delay in the performance by DateMetriX of any duties or obligations hereunder will
not be considered a breach of this Agreement if such delay is caused by circumstances beyond our reasonable
control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest,
war, acts of terror, strikes or other labor problems (other than those involving our employees), failures of
common carriers (including Internet service providers), or denial of service attacks.
(d) Assignment: DateMetriX may assign this Agreement and all of your consents contained herein, in whole,
or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties
under this Agreement, either in whole or in part, without DateMetriX’s prior written consent in each
instance. This Agreement will enure to the benefit of and be binding upon the parties to this Agreement and
their respective successors, heirs and permitted assigns.
(e) Non-Waiver: Our failure to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. Waivers will not be effective unless in writing and duly authorized by an
officer of DateMetriX.
(f) Severability: The invalidity or unenforceability of any provisions of this Agreement shall not affect
the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
(g) Language: This Agreement was written in the English language. If this Agreement is translated into
another language, the English language text shall in any event prevail. Unless the context otherwise requires, words
importing the singular include the plural and vice versa, and words importing gender include all genders. Where
the word “including” or “includes” is used in this Agreement, it means “including (or includes) without
limitation”.
(h) Governing Law: This Agreement is governed and interpreted pursuant to the laws of the Province of
British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts
of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction
of the courts located within the Province of British Columbia, Canada. The foregoing will not limit DNA
ROMANCE’s right to enforce this Agreement in any other jurisdiction if reasonably necessary or advisable in
our sole discretion.
(i) Trial Waiver: You hereby irrevocably and unconditionally agree to waive any right you may have to a
trial by jury, or commence or participate in any class action against us related to the Services and/or this Agreement.