Terms of Use
Cove is a social connection platform. We connect Users (individually, a "User or Member" collectively, "Users or Members") with each other, as well as provide the opportunity for Users to connect with Dating Experts (individually, an "Expert," collectively, "Experts"). Users can either be a “Female” (Users rewarded for their engagement) or “Male” (Users paying a membership fee) - only referenced where the differentiation is applicable.
Below are our Terms of Use that govern your use of Cove. We hope you enjoy reading them.
Last Revised: September 1, 2018
1. Acceptance of Terms
These Terms of Use ("Terms") constitute a legally binding contract between Cove and our affiliates (collectively, "Cove," "we," "us"), and you, with respect to your use of all properties (web, mobile, or otherwise) owned or operated by Cove (collectively, the "Properties"), and all products and services available from Cove or other third parties in connection with the Properties (individually and collectively with the Properties, the "Services"). By downloading, accessing, or using the mobile applications, websites, or other products or Services, you acknowledge that you have read, understood, and agree to be bound by, these Terms and our Privacy Policy. IF YOU DO NOT AGREE TO THE TERMS, EITHER DO NOT DOWNLOAD THE MOBILE APPLICATION OR DO NOT USE THE SERVICE.
NOTE - These Terms include a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you.
Any changes to these Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes.
2. Privacy Policy
Use of this site is governed by our Privacy Policy (subject to revision from time to time), which describes how we collect and use information from our Users and Experts. A link to our Privacy Policy can be found on the settings screen of the Cove app. By using or accessing the Services, you acknowledge that you agree and are subject to these Terms, as well as to our Privacy Policy.
3. Consent
You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, "you" and "your" will refer to both you and that entity.
4. Risk Disclosure
As with life, in general, there is risk associated with most decisions and activities. So are the endeavors you are about to take through our Services. We have taken and will take every practical initiative to minimize such risks taking place, however, we wish to highlight some scenarios of higher likelihood, which you must be aware of and by using the Services you are agreeing to assume such risk.
a) Profiles: Information (such as name, age, profile, country, email, location, images, and videos) of Users and Experts are provided on an "as is" basis as it was made available to Cove. We verify to the best of our ability the identity of our Users through Instagram, LinkedIn, internet search, professional reputation, direct contact, and other means as required.
b) Quality of connection: Cove will not be held responsible for poor audio or video quality. Our Users and Experts are reminded to only accept one-on-one correspondence when they are able to access a reliable mobile operator or WIFI internet signal. However, the Internet and data connections being as they are will always be subject to unexpected loss of data packets and sudden drops in service quality. By initiating a one-on-one correspondence, you are assuming the risk of possibly experiencing poor or less than ideal call quality.
c) Information provided during communications: Cove is a social platform that facilitates one-on-one connections that otherwise would possibly never happen. Users and Experts must provide honest, true, and valid information during communication. However, in reality, we cannot verify this. Therefore, we suggest that you evaluate the risks and apply common sense when using the Services.
d) Offline: Cove will not be held responsible for any personal encounters or communications between Users or Experts outside of the Services whether online or offline.
e) Taxes: If applicable, you are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your password or information about your financial accounts), notify Cove of the problem to avoid possible liability for any unauthorized charges to your account. If your payment information has changed or expired it is your responsibility to make the appropriate changes with Apple or Google or your service may be interrupted.
f) Canadian Users and Experts: Canadian Users (if applicable) and Experts will be required to send earnings information to the CRA (Canada Revenue Agency), therefore further identity verification may include capturing SIN (Social Insurance Number), full address, and acknowledgment to share information with CRA.
g) Disclosure of your personal information: Under no circumstance will Cove sell or transfer for monetary gains your information to any unrelated third-party without your permission. We may disclose your information to affiliates or unaffiliated third parties if we believe in good faith that such disclosure is necessary such as:
To comply with the law or in response to a subpoena, court order, government administrative measure, or other due process;
To protect the interests, rights, safety, or property of Cove or others;
To enforce any Terms of Use of the Cove site;
To provide you with the services or products requested by you, and to perform other activities related to such services and products, including billing and collection
h) Content: Any use or reliance on any Content posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
i) Conduct: Cove is not responsible for the conduct, whether online or offline, of any user of the website or member of the service. You assume all risk when using the service, including but not limited to all of the risks associated with any online or offline interactions with other Users, including dating or sending money to another member. You agree to take all necessary precautions when meeting individuals through the service.
j) Eligibility: By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with Cove,
you are not a person who is barred from using the Service under the laws of Canada or the United States or any other applicable jurisdiction,
you will not engage, assist, support, or facilitate solicitation or prostitution of any kind,
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
Further use and/or disclosure of your information by third parties is not the responsibility of Cove. Rather, such use and/or disclosure is governed by those parties’ policies.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COVE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. COVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. COVE RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT COVE MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
WARNING - The above situations and associated risks are not exhaustive. While Cove devotes continuous improvement efforts and, within reason and our capability, takes precautionary measures to manage those risks to which Users may be vulnerable, there are certainly situations falling beyond our control. We are on guard against these risks and look forward to Users feedback on this aspect. At the same time, we must therefore have users agreement to the above and accept those risks in engaging our services.
5. User Considerations
Updated Information: You agree to immediately notify us if: (a) any information you have provided to Cove or any relevant information about you has changed, (b) another User has notified you that they have a complaint with you or any products or services provided by you, (c) you have received notice of any complaint, investigation, fine, or adverse action pertaining to Content or a session provided on Cove.
Profiles: You acknowledge and agree that you are solely responsible for any and all Content you post. Accordingly, you represent and warrant that any Content you post and the correspondence you enter into with another User (a) will not breach any agreements you have entered into with any third parties and (b) will (i) comply with all applicable laws, tax requirements, and rules and regulations that may apply to you and (ii) not violate the rights of third parties. Please note that Cove assumes no responsibility for the Content of its Users.
You understand and agree that Cove is not involved in the interactions between Users or between Users and Experts. You also understand and acknowledge that Cove does not edit, modify, endorse, or guarantee User or Expert Content or the Content of communications between Users or between Users and Experts.
Cove reserves the right, at any time and without prior notice, to remove or disable access to any profile for any reason, including profiles that Cove, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application, Site, or Services. You acknowledge and agree that, as a User, you are responsible for your own acts and omissions.
Confidentiality: If you receive confidential information about Cove until such information is no longer confidential, you agree not to disclose it to any third-party nor use such information, except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Cove which is not generally known to the public.
Independent Contractor: Female Users acknowledge that they are an independent contractor and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between us and you have no power or authority to make any commitments on behalf of Cove.
Taxes: Female Users are responsible for all taxes (if any) associated with the interactions you provide on Cove. All payments to you from Cove in relation to the interactions provided will not be adjusted for taxes. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Cove cannot and does not offer tax-related advice to any Users of the Application, Site, and Services. You, not Cove, is solely responsible for all matters related to taxes.
6. Expert Considerations
Expert Obligations: You agree to comply with Cove’s informational requests from time to time in connection with the Services, including providing information to be used by Cove to assess certain matters through third parties, such as evaluation of character and general reputation.
Updated Information: You agree to immediately notify us if: (a) any information you have provided to Cove or any relevant information about you has changed, (b) a User has notified you that they have a complaint with you or any products or services provided by you, (c) you have received notice of any complaint, investigation, fine or adverse action pertaining to Content or session provided on Cove.
Profiles: You acknowledge and agree that you are solely responsible for any and all Content you post. Accordingly, you represent and warrant that any Content you post and the correspondence you enter into with Users (a) will not breach any agreements you have entered into with any third parties and (b) will (i) comply with all applicable laws, tax requirements, and rules and regulations that may apply to you and (ii) not violate the rights of third parties. Please note that Cove assumes no responsibility for the Content of its Experts.
You understand and agree that Cove is not involved in the interactions between Users and Experts. You also understand and acknowledge that Cove does not edit, modify, endorse, or guarantee User or Expert Content or the Content of communications between Users and Experts.
Cove reserves the right, at any time and without prior notice, to remove or disable access to any profile for any reason, including profiles that Cove, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application, Site, or Services. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.
Confidentiality: If you receive confidential information about Cove until such information is no longer confidential, you agree not to disclose it to any third-party nor use such information, except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Cove which is not generally known to the public.
Independent Contractor: You acknowledge that you are an independent contractor and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between us and you have no power or authority to make any commitments on behalf of Cove.
Taxes: You are responsible for all taxes (if any) associated with the Services you provide on Cove. All payments to you from Cove in relation to the Services provided will not be adjusted for taxes. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Cove cannot and does not offer tax-related advice to any Users of the Application, Site, and Services. You, not Cove, is solely responsible for all matters related to taxes.
7. Account Registration
Cove screens and/or verifies all Users and Experts to reduce the risk of catfishing, fake accounts, and fraud. From time to time Cove will need to verify the identity of a User or Expert above and beyond the regular onboarding process (including, but not limited to, a specific post or photo on a third-party social media platform). Cove will review the uploaded Content to ensure it matches our criteria.
Waitlist: All applications automatically end up on a wait list. After an internal screening process, we decide whether the applicant will be approved for Cove. Cove, in its sole discretion, can deny any application. We might not always approve an application immediately, this can take time. The wait list is regularly screened for approval. If you want to be removed from our wait list, please send us an email at support@cove.date. Furthermore, we do not explain why an application remains on the wait list or why an applicant is not approved. The decision is final and no correspondence will be entered into.
We may require you to submit additional documentation or a short video. In some cases, it may also be necessary to contact you for a live video call. If you do not agree to further verification of identity, you will not be approved or will be removed from the platform. Cove reserves the right to reject or deny any User or Expert application.
Registration: To access certain features of the Site, Services, or Application, you must register to create an account (Cove Account). Users may register by logging into your account with third-party social networking sites ("SNS") Instagram or LinkedIn and Experts with username and password via our Application, as described below.
As part of the functionality of the Site, Application, and Services, you may link your Cove Account with third-party Accounts, by either: (a) providing your third-party Account login information to Cove through the Site, Services, or Application; or (b) allowing Cove to access your third-party Account, as is permitted under the applicable terms and conditions that govern your use of each third-party Account. You represent that you are entitled to disclose your third-party Account login information to Cove and/or grant Cove access to your third-party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable third-party Account and without obligating Cove to pay any fees or making Cove subject to any usage limitations imposed by such third-party service providers.
By granting Cove access to any third-party Accounts, you understand that Cove will access, make available and store (if applicable) any Content that you have provided to and stored in your third-party Account ("SNS Content") so that it is available on and through the Site, Services, and Application through your Cove Account and Cove Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the third-party Accounts you choose and subject to the privacy settings that you have set in such third-party Accounts, personal information that you post to your third-party Accounts will be available on and through your Cove Account on the Site, Services, and Application. Please note that if a third-party Account or associated service becomes unavailable, or Cove’s access to such third-party Accounts is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services, and Application. You have the ability to disable the connection between your Cove Account and your third-party Account by contacting support@cove.date.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Cove makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and Cove is not responsible for any SNS Content.
We will create your Cove Account and your Cove Account profile page for your use of the Site, Services, and Application based upon the personal information you provide to us or that we obtain through an SNS as described above. You may not have more than one (1) active Cove User or Expert Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Cove reserves the right to suspend or terminate your Cove Account and your access to the Site, Application, and Services if you create more than one (1) Cove User or Expert Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.
Note for Users and Experts that if Cove is unable to verify your identity, Cove may, at our discretion:
Suspend payments;
Suspend activity on the Cove platform;
Suspend or close your account; or,
Suspend or close suspected duplicate accounts.
WARNING - Deliberately uploading falsified documentation is a crime and violators will be permanently suspended and may be reported.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third-party and that you will take sole responsibility for any activities or actions under your Cove Account, whether or not you have authorized such activities or actions. You will immediately notify Cove of any unauthorized use of your Cove Account.
8. Referrals
Cove may, in its sole discretion, create referral codes that may be redeemed one time per person per profile. Users who have previously on-boarded using a referral code may onboard again, but will not receive credit if they enter a referral code. If an onboarding user has multiple referral codes only the one entered during onboarding will be honored. If a referral code is not entered by the person being referred during onboarding, then the referral credit will not be applied to their account. Cove is not responsible for users who do not have the latest version of the app installed. The most updated version will reflect the current referral credit terms. Cove, in its sole discretion, can update or change the referral program at any moment.
9. Male User Financial Terms
Users are solely responsible for honoring transactions or purchases made by their account. Features and services are paid for by purchasing a Cove Membership (“Membership”) or Cove Tickets (“Tickets”). Memberships, Tickets, Referral Rewards, and unused balances are non-transferable, may not be redeemed for cash, and may not be returned or forfeited for a cash refund, except as may be required by applicable law.
Membership: Your Cove membership will start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified and is intended to allow new Users to try the service. Free trial eligibility is determined by Cove at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We will charge your Payment Method for your monthly membership fee at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. Auto-renewal may be turned off at any time by going to your settings in the iTunes/Google Play Store after purchase.
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed upon purchase or in other communications made available to you.
The membership fee for the Cove service will be charged on a monthly basis to your payment method on the calendar day corresponding to the commencement of the paying portion of your membership. In some cases your payment date may change, for example if your payment method has not successfully settled or if your paid membership began on a day not contained in a given month.
You can cancel your Cove membership at any time, and you will continue to have access to the service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods.
VIP Invite: Male Users may bypass Female User invite preferences and send a message using Tickets.
Extra Invite: If/when a User uses all of their membership invites/matches they may purchase more invites/matches using Tickets.
Surprises: User may purchase and send a variety of virtual gifts using Tickets.
Select Black Card: Male Users who purchase a paid membership will have the option to request a Select Black Card. The Select Black Card is not included in the Male Users first month free offer. Users must be 21 years of age to be eligible for a Select Black Card. You consent that Cove may share your information (such as name, age, and email) with Select Innovations, Inc. in order for you to receive your Select Black Card.
NOTE - In the event that a User sends a rude or inappropriate message, as described in Section 16 of these Terms, they will be charged even if there is no response.
Cove cannot control any additional taxes or fees that may be charged to a User by their financial institution, ewallet, Google Play account, App Store account, or credit card company related to Cove’s collection of the associated transaction (including but not limited to any foreign currency conversion charges), and Cove disclaims all liability in this regard.
All Sales Final: There will be no refunds for any purchases completed. Please use Cove responsibly and within your own means while understanding the underlying inherent risks associated with any participation on this platform.
Financial Transactions: You may be able to participate in certain features or services of the Site or the Services without purchasing a Membership or Tickets. However, Cove charges a fee to access certain services such as corresponding with a User or Expert. You acknowledge and agree that Cove is authorized, but not required, to act on payment instructions received from anyone using your account. However, you acknowledge and agree that you may only use Cove’s services if you are eighteen (18) years of age or older and have the legal right to use the payment method selected by you. If you are eligible to make a purchase, you authorize Cove to initiate debits or charges against your financial account, ewallet, Google Play account, App Store account, or credit or debit card for the amount due.
You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your password or information about your financial accounts), contact support@cove.date to notify us of the problem and to avoid possible liability for any unauthorized charges to your account.
You understand and agree that Cove is not involved in the interactions between Users and between Users and Experts. You also understand and acknowledge that Cove does not edit, modify, endorse, or guarantee User or Expert Content or the Content of communications between Users and Experts.
10. Female User Financial Terms
You win Points for your loyalty and overall use of Cove. Points unlock Perks. When you unlock a perk a member of our Loyalty Team will contact you with steps on how to redeem. Even as Perks are redeemed, you will continue collecting Points for even more Perks. You can win Points for referring friends, receiving virtual gifts, responding to text messages, responding to voice messages, going on video dates, accepting VIP invites, accepting invites and answering survey questions. For each match, you can only win Points for a maximum of 1 invite, 7 text messages, 3 voice messages, and 1 video date. There is no maximum for Points from surprises. A list of the different rewards can be found on the Loyalty Perks screen of your Cove app. Cove merchandise can only be shipped to Users in the USA and Canada. Users must be 21 years of age to be eligible for a Select Black Card. Users who are not 21 years of age will not receive a substitute reward unless otherwise specified by Cove. Cove is not responsible for users who do not have the latest version of the app installed. Cove is not responsible if the email and/or address information is incorrect for sending the Perks. Cove, in its sole discretion, can update or change the Perks Program at any time.
Select Black Card: Female Users who unlock the Select Black Card perk will receive an email from our Loyalty Team with steps on how to redeem. Users must be 21 years of age to be eligible for a Select Black Card. You consent that Cove may share your information (such as name, age, and email) with Select Innovations, Inc. in order for you to receive your Select Black Card.
11. Expert Financial Terms
Rates: Expert rates for text messages, voice messages, and video calls are set to a default rate but can be modified at any time between $0 and $10. All pricing and rates are USD based.
Payments: You will be paid through PayPal. Currency and exchange rates, if applicable, are dependent on market conditions and third-party service provider terms. Cove is not responsible for any errors that you make when providing us your PayPal account information or any other payment information.
You will be able to request a payout once you reach the $50 USD minimum account balance required. All payouts incur a $5 USD transfer fee.
If you misrepresent your country of residence or banking information Cove will not be responsible for paying you. Furthermore, for any payments under $10,000 USD, if you do not provide your correct PayPal information in your profile, Cove is not responsible or obligated to pay you.
If payout amounts exceed $10,000 USD/month then the User Payee will be asked to move over to direct bank deposit. Any potential foreign exchange charges are not determined by Cove and Cove is not responsible for the actual exchange rate used by any potential third-party institution.
12. Charity
Female User daily activity on Cove with a match may drive a donation to their selected charity or the charity defaulted by Cove. Cove processes all donations to charities on a bi-annual basis. Cove is not responsible for users who do not have the latest version of the app installed. Cove, in its sole discretion, can update or change the charity program at any moment.
13. Passwords and Accounts
You are entirely responsible for maintaining the confidentiality of your password where applicable. You may not use the account of someone else at any time. You agree to notify Cove immediately of any unauthorized use of your account. You acknowledge that you are responsible for all activities or actions that occur under any account you use to access or use the Services. Cove and Affiliates shall not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge.
Cove may permit you to register for and log onto the Application, Site, and Services through certain third-party social networks, such as Instagram or LinkedIn. If you log in through such social networks, you consent that the profile information connected to the account you use to log onto the Application, Site, and Services, including your name, may be used by Cove in order to support your account. You also acknowledge and agree that, Cove may publish information regarding your use of the Application, Site, and Services to and in connection with any such third-party social network with which you log in.
14. Services Ownership
The Services belong solely and exclusively to Cove. Your use of any of the Services does not confer any title or ownership interest in any of the Services, any information and Content that you access on or through the Services, or any intellectual property rights and proprietary rights in any of them. Any such use should not be construed as a sale of any rights to the Services. Nothing contained on the Application, Site, or the Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Cove or any licensor of Cove. Cove reserves the right to enforce its rights to the fullest extent of the law in the event of any violation of these Terms of Use. The Services may contain certain licensed information and Content, and Cove’s licensors may protect their rights in the event of any violation of these Terms of Use.
15. Use of Software
Cove may make certain software or applications available to you from time to time in connection with the Services. You will be subject to the terms of such third-party software or applications. By using our Services, you agree to be subject to terms of these third-party providers. If you download software from the Application, Site, or the Services, said software, including all files and images contained in or generated by the software, and accompanying data, but excluding software obtained under Open Source or freeware licenses that is subject to the terms and conditions of such various applicable Open Source or freeware licenses (collectively, the "Software") are deemed to be licensed to you by Cove, for your limited, personal, noncommercial, home use only. Cove does not transfer either the title or the intellectual property rights to the Software and retains full and complete title to the Software as well as all intellectual property and proprietary rights therein. You may not sell, lease, lend, redistribute, modify, copy, or reproduce the Software or any part thereof, nor may you decompile, reverse engineer, disassemble, tamper with, attempt to extract source code, or otherwise convert the Software, or any part thereof, unless laws prohibit such restrictions or you obtain Cove’s separate written permission. This license granted to you by Cove is revocable, non-exclusive, non-assignable, and conditioned upon your agreement to and full compliance with these Terms of Use and Privacy Policy. Cove may discontinue some or all of the Software provided, and may terminate your right to use any such Software at any time and in such an event may modify it to make it inoperable. Cove may offer updates of the Software, from time to time, for feature enhancement, security, or other purposes. Cove will not automatically update the Software unless you authorize us to do so. All trademarks, service marks, and logos are owned either by Cove or its licensors, and you may not copy or use them in any manner. Cove may change, suspend, or discontinue the Site or any part of the Services at any time, including the availability of any website, feature, product, service, or Content. Cove may also impose limits on the Services or restrict your access to parts or all of the Services without notice or liability. You are granted only a limited right to use the Services in accordance with these Terms of Use.
16. Access to the Application, Site, and Services
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, hardware devices, software, and Internet connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and you shall be responsible for all charges incurred in connection with the use of the Services. Additionally, you may be prompted to grant access to your camera, microphone, location, and notifications service for essential aspects of the Services to function. You understand that if such access is disabled that the Services will lose its functionality.
17. Content
The term "Content" as used within these Terms refers to any action, information, data, communication, video, text, software, scripts, graphics, photos, sounds, music, audiovisual combinations, interactive features and/or other materials you may view on, access through, or contribute to the Service. Cove is not responsible for the Content of third parties. If you choose to contribute Content to the Service:
You agree to be and remain solely liable for your Content and all materials and information contained in it, and for the consequences of submitting and publishing the Content through the Service. Notwithstanding the foregoing, you hereby waive any moral rights that you may have in your Content in favor of Cove and anyone acting with the authorization of Cove.
You are affirming, representing, and warranting that you own or have obtained the necessary licenses, rights, consents, and permissions to publish, and to enable Cove to publish, Content you submit.
If you submit any Content that includes advertorials, native advertising, sponsorship of any Content, or any other Content with which Cove may be associated in any manner ("Sponsored Content"), you shall remain solely responsible for the Sponsored Content and all of your representations, warranties, indemnification obligations, and other obligations under these Terms will apply equally to such Sponsored Content as they would to any other Content you submit. You are solely responsible for ensuring that your Sponsored Content complies with all applicable laws, rules, and regulations. By including all appropriate and required disclosures and disclaimers Cove shall not be held liable in any manner for the Sponsored Content.
By participating on the Site or within the Application and/or accessing the Service, you consent to Cove and its agents' and designees' use of your name, image, likeness, photograph, and any other attributes of your persona in any and all media now known or hereafter developed, including but not limited to the Internet (including on the Site and on third-party social media websites) and mobile applications, worldwide, in perpetuity, without additional payment, compensation, or further notification to or permission from you, except where prohibited by law, or by the Terms and Conditions of any applicable websites.
You understand and agree that you download or otherwise obtain the material and/or data through the use of the application at your own discretion and risk and that you will be solely responsible for any damages to your mobile device or loss of data that results from the download of such material or data.
a) Content Ownership: As Cove elects in its sole discretion, the Site and Services may allow you to post Content or information ("User Content") from time to time, including but not limited to text, graphics, photos, sounds, music, videos, audiovisual combinations, personally identifiable information, voice, and User comments. User Content includes any and all patent, trademark, trade secret, copyright, or other proprietary rights in and to such User Content. You retain all ownership rights in the Content that you post.
b) Ownership and Use of Session Content: Any Content generated through the Cove platform as a result of an interaction is owned by the Users. Users are prohibited from recording, reproducing, transmitting, distributing, or otherwise copying Content from sessions unless mutual written or verbal consent is given prior to or at the beginning of the session. Users must keep proof of consent and must be able to produce that proof upon request by Cove. Female Users may choose to only receive VIP Invites. Male Users can bypass invite preferences by sending a VIP Invite.
c) License: However, by submitting, posting, displaying, performing, transmitting, or otherwise distributing Content to the Application, Site, or Services, you are granting Cove and its Users a license to use any such Content. In particular, you are granting Cove (and its successors) a worldwide, non-exclusive, royalty-free, transferable, and fully sublicensable license to use and otherwise exploit such Content. This includes without limitation to host, store, screen, copy, distribute, transmit, broadcast, display, perform publicly, publish, communicate, reproduce, prepare derivative works of, modify, convert for streaming, adapt, edit, translate and reformat such Content, in any form, format, or media, and through any media channels now known or later developed. The rights in this license are limited to such rights (a) in connection with the operating, exploiting, promoting, bettering, redistributing, and developing parts or all of the Site and the Services (or derivative works thereof), or (b) in connection with Cove’s business, or the business of its subsidiaries or successors. The rights you grant also include the rights of Cove to fully sublicense any such rights, without limitation, to consultants, contractors, and other third parties in connection with such purposes. You also are granting each Partner of the Site or the Service a non-exclusive license to access your Content through the Site and the Services, and to use, reproduce, distribute, publish, display, and perform such Content as permitted through the functionality of the Site and the Services and under these Terms of Use.
d) Terms: This license continues perpetually even if you cease all use of the Application, Site, and the Services. The Application, Site and the Services may or may not provide ways for you to access and remove User Content that is posted using your account. Nevertheless, if you can and do remove User Content from the Application, Site, and the Services, then within a commercially reasonable time thereafter this license shall terminate with respect to such User Content removed. If you are under the age of eighteen (18), you have the right to remove User Content that you posted from your account. However, you understand that your removal does not ensure complete or comprehensive removal of the Content or information, and any repost by a third-party may remain unremoved. Cove shall have the right to keep archives and is not responsible for any archives kept and reposted by you or anyone else.
e) User/Expert Representations: By posting Content, you warrant and represent that you own or otherwise have all necessary rights to all such User Content and all required rights, licenses, consents, and permissions to post, submit, display, perform, publish, transmit, or otherwise distribute such User Content and to grant Cove the license granted under these Terms of Use.
f) Waiver of Moral Rights: To the extent permitted by applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern "moral rights" or "droit rights," or similar rights, or any rights of publicity or privacy in connection with Content that you post, or that is posted using your account.
g) Eligibility: (a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use; (c) You affirm that you are more than eighteen (18) years of age. If you are under eighteen (18) years of age, then please do not use the Service.
At any time, Cove may, in its own discretion, add or change restrictions to your ability to post or view Content (without limitation, by way of example, character, or storage size limits), or remove or delete User Content from its servers, without notice or liability. Further, if you submit feedback or suggestions about the Application, Site, or the Services, Cove may use your feedback or suggestions without any obligation to you.
18. Inappropriate Content
Cove reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site or the Services, and, if applicable, to delete any such material from its servers. Without limiting the above, you agree not to submit, post, upload, display, perform, transmit, or otherwise distribute any personally identifiable information of others (and do not post your own without risking misuse or criminal theft of your information). Cove intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
If you become aware of any unlawful, offensive, or inappropriate Content on the Application, Site, or the Services (except for Content that infringes copyright, which is addressed below), please use the report feature within the application or contact support@cove.date with your name and address, a description of the material at issue, and the link to or location of such material.
In the event Content is flagged as inappropriate, or reported by another community member, the Content and the perpetrator will be subject to review by Cove and its moderators. Any Content deemed by Cove or its representatives, in their discretion, to have violated these Terms may be removed at any time, without prior notice. Cove, in its sole discretion, may terminate a User or Expert account for posting such Content. Cove has sole discretion, without notice, to block and delete accounts of those who appear to violate these Terms based on internal Cove quality assurance.
To rephrase and repeat so that this is very clear. Any violation of these Terms and/or inappropriate Content will be treated very seriously and will result in the User or Expert being removed immediately from the platform. Let’s keep it clean, classy, and have some fun.
19. Compliance with Intellectual Property Laws
You acknowledge that the copyright and other intellectual property laws of Canada, international treaties and conventions, and other laws protect the Application, Site, and the Services, and you agree to abide by relevant intellectual property laws regarding ownership and use of intellectual property as they relate to the Application, Site, and Services.
By using the Application, Site, or any of the Services, you agree not to submit, upload, download, transmit, display, perform, publish, or otherwise distribute any Content in violation of any copyrights, trademarks, or other intellectual property rights or proprietary rights. You shall be solely responsible for any violations of relevant intellectual property laws and for any infringements of any intellectual property rights or proprietary rights caused by any Content you post, or that is posted using your account. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
20. Warranty Disclaimer
The Services are provided on an "as is" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, the Cove parties disclaim all warranties, express, implied, statutory, and otherwise in connection with the services and your transactions with Cove, Users, Experts or other third parties, including but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage of trade, course of dealing, and course of performance. We do not warrant that any Content will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the Site or the servers that make our platform or Content available are or will be free of viruses or other harmful components. Cove does not warrant that the Application, Site, and Services will be compatible with your mobile device or third-party carrier. Your use may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
Any risk of loss or damage of any kind incurred as a result of defamatory, offensive, or illegal third-party conduct or Content, your use of any Content or information contained in or accessed through the Site or the Services; or any errors, mistakes, or omissions in any Content or information, rests entirely with you.
The Service may contain the opinions and views of other Users and Experts. Given the User and Expert generated Content available through the Service and its interactive nature, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any Content made available through the Service. Please also note that the Service is controlled and offered by Cove from its facilities in Canada. The laws of other countries may differ regarding the access and use of Cove. Cove makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You understand that Cove makes no guarantees with respect to any Content you submit, including without limitation, any guarantee that your Content will be kept confidential or preserved. Even with the technical and organizational security measures highlighted in Cove Privacy Policy, Cove cannot guarantee that unauthorized third parties will never be able to defeat those measures. If you provide personally identifying information, you do so at your own risk.
You assume the risk of any and all damage or loss from use of or inability to use, the Site or the Services. You shall be solely responsible for your own Content and the consequences of posting your Content.
Expert Warranty Disclaimer: No warranty is made regarding the accuracy or successfulness of the advice provided by Experts on the Platform. Neither the Experts nor the Platform shall be held responsible in the event that the advice provided to Users by an Expert(s) on the Platform is found to be inaccurate or is otherwise unsuccessful, whether in the estimation of the User(s) or otherwise. Users should not use any information or advice given through the Cove to diagnose or treat a medical or mental health problem or disorder without consulting personally with a qualified medical or mental health professional. The information or advice given by Experts on the Platform is of a general nature and cannot substitute for the advice of a medical professional.
21. No Control Over Third-Party Sites
Cove has no control over, and no liability for any third-party websites or materials. Cove works with a number of Partners and affiliates whose Internet sites and/or API’s may be linked to the Services. Neither Cove nor our Application, Site, or Services has control over the Content and performance of these Partner and affiliate sites; Cove makes no guarantees about the accuracy, currency, Content, quality, or transmission of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, infringing, or unlawful Content that may reside on those sites. Similarly, from time to time in connection with your use of the Services, you may have access to Content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Cove makes no guarantees about, and assumes no responsibility for, the accuracy, currency, Content, quality, transmission, copyright compliance, legality, or decency of this third-party Content, and that, unless expressly provided otherwise herein, these Terms of Use shall govern your use of any and all third-party Content.
Likewise, Cove has no control over and is not responsible for, the business practices or privacy policies of any third-party sites, or for the collection, use or disclosure of any information those sites may collect, even if those sites are owned or operated by Partners or affiliates of Cove. Cove makes no representation, recommendation, endorsement, or warranty with regard to any third-party websites. Cove shall not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with any online purchase of a product or service, you should use your best judgment and exercise caution where appropriate.
22. Limitation of Liability
In no event shall the Cove parties be liable to you or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising out of, based on, or resulting from your use of the Services and your transactions with Cove, Users, Experts or other third parties, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not Cove is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event will the collective liability of the Cove parties or Partners, arising out of or in connection with these Terms, the Services, and your transactions with Cove, Users, Experts, or other third parties exceed the lesser of (a) the amount you have paid to Cove for use of the applicable services in the preceding twelve-month period or (b) one-hundred US dollars ($100 USD).
Certain local laws 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.
Any claims relating to the use of the services must be brought within one (1) year from the date the cause of action arose. Claims brought after such period are void. Your only right or remedy with respect to any problem or dissatisfaction with use is to cancel your account and cease using the Application, Site, and Services.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Application, Site, Services, financial transactions, fees, collective Content, User and Expert profiles, one-on-one correspondence, and any contact you have with other Users or Experts of Cove whether in person, by phone, online, or other means remains with you.
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