Terms and Conditions of Use
Thanks for your interest in Hidden Gem online profile writing service. Your continued use of this Website, constitutes an agreement to the Terms and Conditions of Use. To set up an account/purchase and use our services, you MUST READ and AGREE to abide by all terms and conditions, as set forth herein, as may be updated or amended from time to time, and by any and all applicable laws
Terms and Conditions of Use
These terms and conditions of use (“Terms and Conditions of Use”) govern your use of hiddengemprofiles.com (the “Website”) and your use of the Website constitutes a legally binding agreement between you, (the “User”) and the owner, operator, or agents of Hidden Gem and hiddengemprofiles.com (“Hidden Gem”). By using this website, User hereby accepts and agrees to comply with and be bound by, these Terms and Conditions of Use in its entirety. User shall not modify, change, delete, update, or revise any portion of the Terms and Conditions of Use. Any such attempt at modification by User shall be null and void. If User disagrees with any portion of these terms and conditions or any part of this agreement, User must not use any part of this website.
Intellectual Property Rights and Content
A. Protected Content:
The Website, including but not necessarily limited to, the concept, language, information, materials, photographs, images, illustrations, text, video, audio clips, designs, logos, trademarks, service marks, trade dress and other materials contained in the Website, as well as the software, and code, used in the design and development of the Website (“Content”) is protected by copyright, trademark, and other intellectual property rights and laws.
1. Logos, Names, Domains:
The dragonfly logo, name “Hidden Gem” and domains hiddengem.com and hiddengemprofiles.com, are are proprietary trademarks and service marks of Hidden Gem.
2. User shall not reproduce, publish, transmit, publish, display, remove, add to, change, create derivative works from, sell or participate in any sale of, the website, or any of the Content. conjunction with any Content accessed through the Website.
3. User shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Website.
4. Third Party Marks and Rights:
a. All other trademarks or service marks and product names mentioned herein are the property of their respective owners.
b. Hidden Gem is not associated or affiliated with any other dating websites.
i. User understands and acknowledges that Hidden Gem may, from time to time, use the names, logos, and other marks of online dating sites in identifying which dating sites User is currently using or intends to use, in order to tailor profiles to the requirements and format of such sites.
ii. Such use by Hidden Gem, does not constitute an endorsement, claim of affiliation or association, nor claim of ownership of any Content nor property of or by said third party websites.
5. User Profiles
a. User Provided Content: Content provided to Hidden Gem, in furtherance of use of Hidden Gem’s website or Services becomes and remains the property of Hidden Gem, this may include:
i. User Provided Profiles: User may provide an original profile, written by User, of 300-500 words (“User Provided Profile”), for the purpose of having Hidden Gem edit the User Provided Profile;
ii. User testimonials and reviews;
A. Information Collected:
1. Personal Information: User shall supply, and update, as necessary, and in accordance with Terms and Conditions of Use, the following complete and accurate personal information:
a. Name: Full legal name, nickname(s), names commonly used, username for dating websites User is currently using or intends to use;
b. Contact Information: User’s physical address, mailing address, email address, telephone number(s)
c. Age: User shall provide full and accurate birthdate;
d. E-mail address(es)
e. Relationship Status: User shall provide accurate relationship status, including, if applicable, information regarding dates of legal separation or divorce;
2. Cookies or Embedded Data:
b. User may control or disable cookies through the settings of User’s computer or browser;
c. Hidden Gem and the Website may collect certain data such as IP addresses, dates and times User visits the Website, location data.
B. Information and Data Use:
1. Hidden Gem’s Use.:
a. Hidden Gem does not sell, trade, or otherwise transfer to outside parties User’s personally identifiable information, except as required by law or set forth below;
b. Hidden Gem will may use your personal information in the following ways:
i. To contact User in furtherance of the services Hidden Gem provides;
ii. To verify identity, age, and other User Eligibility criteria have been met;
iii. To develop your Profile as requested in purchasing our Services;
2. Exceptions: Hidden Gem may share certain personal information or data, in the following limited instances and ways:
a. Hidden Gem may share certain necessary information with trusted third arties who assist us in operating our website, conducting our business, or servicing you, so long as those parties expressly agree to keep this information confidential;
b. When Hidden Gem reasonable believes the release of such information is necessary or appropriate to ensure Users’ safety;
c. When Hidden Gem reasonable believes the release of such information is necessary or appropriate to ensure the safety of others;
d. When Hidden Gem reasonable believes the release of such information is necessary or appropriate to protect the rights or property of others;
e. In order to enforce Hidden Gem’s policies;
f. As required by law.
3. Non-personally Identifiable Information may be shared with other parties for marketing, advertising, and other uses.
Limitations of Liability
A. Matters Arising from or Related to Use of Website
Third Party Links:
1. Hidden Gem may occasionally, and in its sole discretion include or offer third party products or services (“Third Party Links”) through our website.
a. Hidden Gem is not responsible for examining or evaluating the offerings or business of those associated with such Third Party Links;
b. Such Third Party links are not affiliated with, endorsed nor warranted by Hidden Gem
4. Hidden Gem expressly disclaims any responsibility or liability for the Content, activities, and safety of any Third Party Links or sites. User acknowledges and accepts full responsibility, liability and risk in choosing to use any such sites, links, and the associated services or content.
5. Hidden Gem does, however, value and seek to protect the integrity of the Hidden Gem brand and Website, and welcomes any feedback about these Third Party Links.
B. Inherent Risks
1. User Responsibity and Understanding:
a. User acknowledges and understands that Hidden Gem’s Services are based entirely and solely on the information provided by User.
b. Hidden Gem uses the information provided by User, together with its expertise and experience in writing online dating profiles, and feedback from Users to provide a quality written profile.
c. User is fully and solely responsible for interpretation, institution, and use of the written profile, and for all actions taken after delivery of the written profile.
2. No Warranty or Guarantee of Results:
a. User understands and acknowledges that there are inherent risks associated with dating, online or otherwise which are NOT within the control, and are not the responsibility of Hidden Gem, including but not limited to:
i. Emotional ramifications;
iii. Individual reactions and responses.
b. User understands and acknowledges that Hidden Gem makes no warranties, representations, nor guarantees, express or implied, as to the outcome or results of dating or interactions using the services of Hidden Gem.
C. Warranties, Indemnifications and Damages:
1. No Warranties
Hidden Gem MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO USERS DATING SUCCESS. IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OF ANY PERFORMANCE BY HIDDEN GEM.
2. By using the Website, materials, or Services of Hidden Gem, User agrees to release and hold harmless Hidden Gem and the employees, contractors, officers, directors, members, managers, shareholders, agents, representatives of Hidden Gem, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Hidden Gem, any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or Services, including but not limited to:
a. telephone, electronic, hardware or software, network, Internet, or computer malfunctions, failures, or difficulties of any kind;
b. failed, incomplete, garbled, or delayed computer transmissions;
c. any condition caused by events beyond the control of Hidden Gem that may cause the Website or related Services to be disrupted or corrupted;
d. any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials, or related Services; or
e. any printing or typographical errors in any materials associated with the Website, materials, or related Services.
3. User agrees to defend, indemnify, and hold harmless Hidden Gem affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party:
a. due to or arising out of utilizing the Website, materials, or related Services;
b. User’s violation or breach of this Agreement;
c. User’s violation of any rights of a third party;
d. or any other act or omission by User.
4. Damages: In no event will Hidden Gem, its Officers, Directors, Members, Managers, Contractors, Employees, Consultants, Editors, Agents and Representatives (collectively “Representatives”) be held liable for any damages of any kind, including “without limitation” compensatory, direct, indirect, punitive, or consequential damages, loss of income or data, loss of or damage to property, personal injury, and claims of User or third parties arising from any Users interaction, involvement, and relationship with members of the online and/or offline dating community of any kind, even if Hidden Gem was advised of the possibility of such damages.
5. Defense and Cooperation:
a. User shall cooperate as fully as reasonably required in the defense of any claim, and
b. shall not enter into any settlement agreement which affects Hidden Gem’s rights, without Hidden Gem’s express, prior written approval;
c. Hidden Gem fully reserves the right to assume the defense and control of any matter otherwise subject to indemnification by User.
d. Furthermore, by using the Website, User agrees to hold Hidden Gem harmless from any administrative, criminal, or civil proceedings.
A. User Eligibility: In using the Website or profile writing services (“Services”), user expressly represents and warrants that:
1. User Age and COPPA Compliance:
a. User least eighteen (18) years of age, and with legal capacity to enter into a binding contract with Hidden Gem;
b. User shall not, in the use of the Website, or services of Hidden Gem, attempt to or engage in any interaction with persons under the age of eighteen (18) years.
2. User Provided Information:
a. Hidden Gem’s services are based solely on the information and representations provided by User to Hidden Gem;
b. User shall ensure and warrant that all personal information provided by User is complete, true and accurate;
c. User shall not provide false or misleading personal information, including but not limited to: name, birthdate, contact information, and relationship status;
d. User shall be solely responsible for ensuring that all personal information is updated or corrected, as soon as possible, but in any event within three business days, from any change, or discovery of any inaccuracy, by User or notification of the same to User by Hidden Gem;
e. User shall not set up an account, use Website, use or procure services for or on behalf of anyone other than User;
f. User shall not transfer account information or rights under this agreement, to any third party without prior written permission of Hidden Gem;
g. User shall not share password, nor let anyone else access account, or do anything else that might jeopardize the security of user account or the Website.
3. Compliance with all laws, codes, regulations:
a. User represents and warrants that User is not a convicted sex offender; and
b. User is not barred or restricted by any law, code, or statute, or other restrictive agreement, from use of the Website or services of Hidden Gem or similar sites and social media platforms.
4. Compliance with Other Dating Site Terms and Conditions:
a. User, in using the Website and or services of Hidden Gem, expressly warrants that User has agreed to and is fully compliant with the terms and conditions of any and all online dating sites User is currently using or intends to use.
b. User has fully read and understands, the terms and conditions of all online dating sites. User is solely responsible to ensure that use of the Services of Hidden Gem is permitted by the terms and conditions of any online dating site that User is currently using or intends to use.
B. Permitted and Proper Usage
1. Personal Use Only:
a. The use of the website is intended solely for the personal use of User, who expressly represents and warrants that he or she meets all eligibility requirements set in User Eligibility;
b. User shall not use Hidden Gem’s services or the Website for commercial gain;
2. Compliance with Rights of Others
a. User shall not take any action, including but not limited to transmitting, displaying, publishing, sharing or otherwise distributing content, through the use of the Website or Hidden Gem’s services, that infringes or violates any third party’s rights,
b. User shall not take any action otherwise violates the law.
c. Hidden Gem reserves the right to remove any content or information you post or transmit through Hidden Gem, if Hidden Gem believes that it violates this this policy or any law;
d. User shall not use copyrights or Trademarks or any confusingly similar marks, without express written permission of content owners.
e. User shall not use or cause to be used through Hidden Gem, anyone’s identification documents or sensitive financial information;
f. User shall not reproduce, publish, transmit, publish, display, remove, add to, change, create derivative works from, sell or participate in any sale of, the website, or any of the Content.
g. User shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Website.
Billing, Payment, Cancellation Policy
A. Services and Prices
1. Profile Writing Services: In consideration of User’s payment according to the scale below, “Payment”), Agreement with all Terms and Conditions and e-signature, Hidden Gem, and User having provided all necessary and requested User Information, Hidden Gem shall provide, within 10 (ten) business days, the initial DRAFT of your User Profile.
a. Full Profile: User may contract with Hidden Gem for Hidden Gem to draft a full, original online profile at a cost: $55.00 (fifty-five dollars);
b. Edits to User Provided Profile: User may provide to Hidden Gem, an original User Provided Profile, and thus contract with Hidden Gem for Hidden Gem to edit the User Provided Profile, “Profile Editing Service”) at a cost: $45.00 (fourty-five dollars);
2. Edits: User shall be entitled to request up to 3 (three edits), within 1 (one) calendar month from initial Agreement and Payment. See User Response below for details. Additionally, Users of either Full Profile Writing Services or Profile Editing Services may request additional edits according to the following schedule and scale:
a. 1-3 months at a cost of $20.00 (Twenty dollars);
b. 3-6 months at a cost $25.00 (Twenty-five dollars);
c. After 6 months $32.00 (Thirty-two dollars).
3. User Response:
a. Once the draft profile has been sent, User shall have 5 (five) business days to respond, either requesting edits, or confirming User’s approval of the written profile.
b. Within 2 (two) business days, of Hidden Gem’s receipt of request for edits, Hidden Gem shall respond to User’s request. Such response may be in the following forms:
i. Hidden Gem may request more information from User, in order to complete edits;
ii. Hidden Gem may offer advice against such edits;
iii. Hidden Gem may offer explanation for the style or content choices within the written profile.
c. No User response within 5 (five) business days shall be deemed acceptance and approval.
4. Hidden Gem expressly retains the right to cancel and terminate the Agreement with any User at any time, in its sole discretion if Hidden Gem feels that there is any violation of the terms or spirit of this Agreement.
B. Forms of Payment
1. Hidden Gem Uses PayPal for acceptance and refund of all payments;
3. Refunds shall be issued through PayPal, and less any processing fees.
C. Refund and Cancellation
1. In order to protect Hidden Gem intellectual property, all sales are final.
2. In no event shall individuals be entitled to refunds because of dissatisfaction with the Services of Hidden Gem, except where authorized by Hidden Gem, or where this provision is prohibited by law. Refunds or other return of monies shall be offered at the sole discretion of Hidden Gem.
A. Authority, Assignment, and Waiver
1. Authority: All Parties represent and Warrant that:
a. This Agreement is being duly executed with full authority and approval of each of them;
b. All Parties have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement;
c. All Parties have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.
2. No Assignment: User may not assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through Hidden Gem without the prior written consent of Hidden Gem, and any purported attempt to do so shall be null and void.
3. Waiver: Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.
B. Governing Law and Venue.
1. This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the State of New York without reference to conflicts of laws principles.
2. All disputes shall be resolved by a court of competent Jurisdiction within the State of New York and County of Monroe.
If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law
D. The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.
User hereby agrees that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form.
User in clicking “Submit” and working with Hidden Gem, which indicates agreement to be bound by the terms of this Agreement.
User affirmatively adopts and makes this selection as User’s signature and the manifestation of User’s consent to be bound by the terms of this Agreement. Entire Agreement
F. Entire Agreement
This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.