PRIVACY POLICY & TERMS OF USE

Terms of Use
Last Updated: July 23, 2015

This is a legal agreement (“Agreement”) between you and Goodmeets, Inc. (“we,” “us,” or “our”). By using our website, located at http://www.joinwhim.com (“Website”), our mobile app, and/or other services we provide (collectively, “Whim”), or otherwise accessing the pages of Whim (collectively, the “Services” or “Service”) you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WHIM APP OR ANY OTHER SERVICES WE PROVIDE.

Your use of, or participation in, the Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Whim Service consists of a service for people interested in dating other people, and includes interactive content, community services, and date recommendations. Whim may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Whim also reserves the right to cease offering any of the Services.

This Agreement is subject to change by us in our sole discretion at any time, with or without notice. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.

Eligibility

  1. Minimum Age. You must be at least 18 years old to use the Services and to register for the Services. By registering for the Services, you represent and warrant that you are at least 18 years old.
  2. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. WHIM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Whim reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

Use of the Services
As a user of the Services (a “Registered User”), you agree to the following:

  1. Personal Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Whim is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
  2. Geographic Limitations. The Services are intended for use in the United States only. You will only use 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.
  3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
  4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating.
  5. No Guarantees. Whim may not be able to provide matches for everyone seeking to use its services. Further, Whim makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user.
  6. Reporting of Violations. You will promptly report to Whim any violation of the Agreement by others, including but not limited to, Registered Users.
  7. Content Posted by You on the Service. Whim reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Whim will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Without limiting the foregoing, the following is a partial list of the kind of Content that is prohibited in the Service:
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Service;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work;
  • contains video, audio photographs, or images of another person without his or her permission;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • publicizes or promotes commercial activities and/or sales without our prior written consent.
  1. Updates Regarding False Information. If information provided to Whim or another user subsequently becomes inaccurate, misleading, or false, you will promptly notify Whim of such change.
  2. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Services.
  3. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile.
  4. Selection of Profiles. Our service provides exclusive matching, and your profile will be selected to introduce you to specific matches based on our algorithm.
  5. No Harassment of Whim Employees, Agents or Users. You will not harass, annoy, intimidate or threaten any Whim employees or agents engaged in providing any portion of the Services to you.

Proprietary Rights

  1. Ownership of Proprietary Information. You hereby acknowledge and agree that Whim is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, and profile questions.
  2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any Confidential Information or other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
  3. Other Users’ Information. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Whim or third-party proprietary information available via the Services.
  4. License to Posted Content. By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Whim and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content.

User Information

  1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please read our Privacy Statement below.
  2. No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in areas other than those specifically designated for this information.
  3. Disclosure By Law. You acknowledge and agree that Whim may disclose information you provide if required to do so by law.
  4. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Whim reserves the right, but has no obligation, to disclose any information submitted to the Services, if it suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form.
  5. Use of Anonymous Information for Research. By using the Services, you agree to allow Whim to anonymously use the information from you and your experiences through the Services to improve the Services.
  6. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors. The Services may contain links to web sites of third-parties.

Disclaimer of Warranty

  1. No Warranties. WHIM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND.
  2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Whim, are those of their respective authors.
  3. Beta Features. From time to time, Whim may offer new “beta” features or tools with which its users may experiment on the Services.

Limitation of Liability

  1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL WHIM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES.
  2. No Liability for non-Whim Actions. IN NO EVENT WILL WHIM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL.

Indemnification
You agree to indemnify, defend and hold harmless Whim, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the Services.

Complaints
To resolve a complaint regarding the Services, e-mail us at support@joinwhim.com.

Communication and Privacy
We may use your email address to send you messages notifying you of important changes to the Services or special offers.

Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Whim reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason.

Cancellations
You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription.

General Provisions

  1. Controlling Law and Jurisdiction. You agree that California law will govern this Agreement.
  2. Miscellaneous. This Agreement, the Privacy Statement located at joinwhim.com/privacy, comprise the entire agreement between you and Whim regarding the use of the Services.

Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Whim at support@joinwhim.com.

Revision Date
This Agreement was last revised on July 23, 2015.

Privacy Policy: Last Updated July 23, 2015
This privacy policy (“Privacy Policy”) describes the information collected by Goodmeets, Inc. (“we,” “us,” or “our”), how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.

Information We Collect and How We Collect It
Information collected automatically:

  1. Mobile Device ID. Your mobile device's unique ID number.
  2. Geographic Location. Your computer's or mobile device's geographic location.
  3. Device Information/Specifications. Technical information about your device.
  4. Length and Extent of Usage. How long you used Whim and which services and features you used.
  5. Cookies. We use cookies to keep track of some types of information while you are visiting Whim or using our services.
  6. Web Beacons. We may also use web beacons in email communications.

Information you choose to provide:

  • Information We Obtain From Facebook/Instagram. When you create a profile on Whim, you will have an option to pre-populate your profile information by connecting with Facebook and/or Instagram.
  • Information You Provide Directly to Us. You must provide certain information to register with Whim.
  • Emails: We request an email address from you when you register with Whim for administrative and promotional purposes.
  • Text Messages: We may use your mobile phone number to send you texts.
  • Online Survey Data: We may periodically conduct voluntary user surveys.

How we use the information:
Pursuant to the terms of this Privacy Policy, we may use the information we collect from you for the following purposes:

  1. facilitate matches with other Whim users;
  2. respond to your comments and questions and provide customer service;
  3. communicate with you about Whim and related offers, promotions, news, upcoming events, and other information;
  4. monitor and analyze trends, usage, and activities;
  5. investigate and prevent fraud and other illegal activities; and
  6. provide, maintain, and improve Whim and our overall business.

Sharing Your Information

  • Information Shared with Your Dates: We will share your contact information with people we set you up on dates with.
  • Service Providers. We may share your information with our third-party service providers.
  • Legal Disclosures and Business Transfers. We may disclose any information without notice or consent from you.

Updating or Removing Account Information
You may review or edit your profile as you wish. If you would like to delete your account information, email us.

Third Party Sites
Whim may contain links to other websites. We do not exercise control over third party websites.

Age restriction.
We do not target or allow persons under 18 years of age to use Whim.

Securing Your Personal Information. We endeavor to safeguard personal information to ensure that information is kept private.

Using Whim from outside the United States. Whim is intended only for users within the United States.

Changes to this Privacy Policy
We may update this Privacy Policy from time to time at our sole discretion.

How to contact us
If you have any questions about this Privacy Policy, please contact us by email.