These terms of service ("Terms", "Agreement") are an agreement between the operator of ItsJustaNumber ("Website operator", "us", "we" or "our") and you ("User", "Member", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the http://itsjustanumber.com website and any of its products or services (collectively, "Website" or "Services"). The Terms of Service set forth below are binding on all users of this Website. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Service. ItsJustaNumber may change the Terms of Service, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. ItsJustaNumber reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that ItsJustaNumber determines has violated any aspect of these Terms of Service. ItsJustaNumber reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by ItsJustaNumber.
Accounts and membership
This Website is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to provide information to us or to share information with other users of this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account at the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, modify, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. This online social networking service is provided free of charge. Membership is not a right. Any account may be rejected or deleted at any time, at the sole discretion of the administrator.
In your digital interactions with other users (including, but not limited to: site messages, instant messages, timeline posts, and comments), you agree to conduct yourself civilly and respectfully. While using the Website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. ItsJustaNumber reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, ItsJustaNumber may enlist the help of its active members to report other members if the member’s conduct is harmful to the community.
- The Website is available only to those who seek someone significantly older or younger for the purposes of social networking and/or dating. If the Minimum Age or Maximum Age fields do not reflect the intent and purpose of the Service, these fields may be edited by the administrator or your account may be terminated. If there is any indication of an age range in the essay portion of your profile that is contrary to the intent and purpose of the Service, the administrator may edit your profile or deactivate your account.
- Any conduct or content that would tend to slander, or defame this Website, anyone associated with the operation of this Website, or any other member of this Website will be removed upon discovery and the offender's account is subject to immediate downgrade, deactivation, or termination.
- Your profile should include a picture that clearly shows your face in order to contact other members. If you remove your profile picture or change your profile picture to one that does not clearly show your face, your original profile picture may be restored, at the discretion of the Administrator. Any account without a profile picture and/or any account that has a profile picture that does not clearly show the face of the member may be deactivated or deleted at any time without notice at the discretion of the administrator. In addition, if you remove any additional pictures from your profile, the original pictures may be restored to your profile by the administrator at any time.
- Explicit profile pictures are not permitted. Nudity and NSFW content is not permitted anywhere on the site. Members must be wearing a shirt in all profile pictures. Administrators or Moderators may remove any picture that is deemed to be offensive in any way, at their own discretion.
- Explicit comments are not permitted in any public area including but not limited to picture or profile comments and the "In my own words" section of your profile. Any overtly sexual text will be removed by the administrator upon discovery. Repeated infractions will lead to account removal. Please keep these types of comments to private messages or IM chat.
- Profiles with little or no meaningful content in the "In my own words" profile section may be rejected at registration or removed without notification. If you change the text content of the essay portion of your profile to meaningless text or anything that the Administrator deems inappropriate, the Administrator may restore the original content from the essay portion of your profile.
ItsJustaNumber strongly advises you to use extreme caution before sharing personally identifiable information with other members of this Website. ItsJustaNumber does not conduct any background checks on or screenings of its members. ItJustaNumber reserves the right to conduct any background check or other screenings at any time using available public records.
If you are under the age of 18 but have improperly accessed this Website by providing false information to us, you are an unauthorized user and you are in violation of these Terms of Service. You may also be putting yourself and others in danger. You agree that ItsJustaNumber is not responsible for the conduct of any member of this Website and is not directly or indirectly liable for any losses or damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of this Website.
By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service, or transmit to the Company or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of the Service. The Company may modify or delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company. The Company may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to ItsJustaNumber, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute and completely control 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 ItsJustaNumber 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 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 ItsJustaNumber 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.
You may not post any telephone numbers, street addresses, last names, URLs, email addresses, or any other type of personal information or contact information in public areas of the Website that can be viewed at large by other members. You may post telephone numbers, street addresses, last names, URLs, email addresses, or any other type of personal information or contact information in private communications with individual members at your own discretion. You agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site pages or other websites is at your own risk.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Website operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Website operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Notices and disclaimers
Use of this Website is provided as is, where is, as an accommodation, and without warranty of any kind. In no event shall ItsJustaNumber be liable for damages of any kind incurred by you as a result of any inaccuracy or error in the information provided on this website, any deficiency, error, or interruption of the website.
Arbitration and governing law
a. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, or the Website shall be binding arbitration administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. Any arbitration fees or other fees will be paid by you.
b. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action proceeding.. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in the county and state in which the offices of this Service are located. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state in which the Company is located without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bona fide social networking and/or relationship-seeking purposes. ANY other use of this website, in whole or in part, is a violation of these Terms of Service.
From time to time, we may create test profiles in order to monitor the operation of our services. Additionally, ItsJustaNumber may take complete control of any abandoned profile and all User Content associated with any abandoned profile at any time for testing purposes. For these purposes, an abandoned profile is any member profile that has not been accessed by the member who created the profile (member has not logged in) for at least 30 days.
When you become a member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes. If you block emails from the Service or if your email address becomes unavailable, your profile may be deactivated.
ItsJustaNumber.com is a free service. You will never be charged for the service, nor will any IJN Admin, Moderator, employee or representative ever ask for any credit card or other financial information. Even though there is no charge for this service, you can still request profile deactivation by using the form located here. It may take up to fourteen (14) business days to deactivate your profile. If you change your profile in any way after you have requested profile deactivation, you may lose all privileges and your profile may be placed on hold until an administrator decides, at his or her sole discretion, to remove your profile from the system. Changes to your profile include, but are not limited to, removal or change of profile picture or editing the the essay portion or any other part of your profile.
If you do not log into your ItsJustaNumber account for a period of at least 90 days, your profile may be deactivated.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
This document was last updated on April 5, 2018.