These Terms of Service (“Terms”) govern your access to and use of the The Sandbox website, social media and any of our mobile apps (collectively, the “Service”) which is operated by us, The Sandbox. By accessing or using our Service, you agree to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be presented to you for your acceptance when you sign up to use those services.
The Sandbox is a dating service for single people that takes the planning, coordination and preparation off your plate and makes your dating life easier and more enjoyable. Dates are based on attributes we gather from your questionnaire and all of the preparations (the place, the time, the reservation, and most importantly, the date) are taken care of in advance.
The Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
In order to access and use the Service, you will need to register and create an account. To be eligible to create an Account and use our Service, you must be at least 18 years old, single (i.e., not currently married or in a domestic partnership), and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. By creating and Account and/or using the Service, you represent and warrant that you have the right, authority and capacity to enter into and to abide by all of these Terms and that you are at least 18 years old and are not legally married or in a domestic relationship.
You may not create an Account or otherwise use the Service if you have been convicted of a felony or are required to register as a sex offender with any government entity. By registering and/or using the Service, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS NOR DO WE INQUIRE INTO THE BACKGROUNDS OF ANY OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ANY OF OUR MEMBERS. We do, however, reserve the right to conduct a background check, at any time, using publicly available records to confirm your compliance with these Terms.
Creating an Account and Profile
When creating an Account, you will be required to provide certain personal information about yourself. You agree to provide accurate, current and complete information in your Account (and your Sandbox profile) and will not provide any false personal information to us. You may not create any account for anyone other than yourself. Your use of the Service must be for your own bona fide relationship-seeking purposes. You may not authorize others to use your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or otherwise violates our Terms. You are responsible for maintaining the confidentiality of your password and for activities that occur under your Account. You should notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
You may be able link your Account to certain social networking accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking these accounts, you authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
The Sandbox Free Date Promotion
Sandbox Code Word promotion “Free Date” is applicable to new members only. Free date promotion covers The Sandbox service fee. All costs incurred on the date are the responsibility of the participants.
Use of the Service
You must have a completed Sandbox profile before you can be eligible to arrange or accept a date. A completed Sandbox profile includes: (1) answering all questions in the questionnaire; (2) attaching at least 3 recent pictures of yourself; (3) confirming your email address by following the link in the confirmation email sent to you after signing up; and (4) confirming your phone number by replying to a text message sent to you after signing up. You will receive reminders if you have purchased a date but have not completed your Sandbox profile, which will detail the incomplete or unfinished items; however, it is your responsibility to complete your Sandbox profile prior to a date.
The Service is intended for use by members located in the United States. You may only use the Service in a manner consistent with these Terms and any and all applicable local, state, and federal laws and regulations.
You are solely responsible for, and assume all liability regarding, (1) the information and content you contribute to the Service; (2) the information and content you post, transmit, publish, or otherwise make available through the Service; and (3) your interactions with other members through 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 others, including dating. You are advised to take reasonable and necessary precautions when meeting individuals through our Service. The Sandbox is not responsible for any criminal activity that takes place on a date or at an event by any member or non-member.
We may not be able to provide dates for everyone. We make no guarantees as to the number or frequency of dates through our Service, or to our ability to match you with others, or any member’s desire or criteria to communicate with any other member. You understand that we make no guarantees regarding your ultimate compatibility with individuals you meet through our Service or as to the conduct of such individuals. Our Service provides matching based on your profile and other member’s profiles, and your profile will be selected to introduce you to specific matches based on our proprietary algorithms. You are under no obligation to meet with or communicate with the matches we may introduce to you (nor are they obligated to meet with you).
You agree that you will not post any email addresses, personal website address or profile page you may have (about another member) on a third party website, or other contact information in areas other than those specifically designated for this information, or in any other communications you may have with other users. You may, at your discretion, exchange such information after you are mutually connected through our private messaging feature.
You agree that after accepting and confirming a dates you will arrive at the prescribed venue at the arranged meeting time. Failure to do so may result in your forfeiture of any fees paid and/or your ineligibility to receive any refund. You agree to promptly communicate any circumstance that may cause you to be late or prevent you from attending the date directly to your proposed date through our private messaging feature.
Consent for SMS/Texting
If a mobile number is provided, we may text you information about a date an event and other Sandbox services. The Sandbox does not charge to send or receive text messages as part of our application process. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees.
Once your mobile device has been activated, you may reply STOP to The Sandbox 504-321-3283 to opt-out of the service or email email@example.com.
Supported mobile service providers include: Alltel (part of Verizon), Appalacian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular One from Dobson (part of AT&T), Cellular One of East Central Illinois, Cellular South, Centennial Wireless, Cincinnati Bell, Cox Wireless, Immix Wireless, Nextel (part of Sprint), nTelos Wireless, Revol Wireless, Sprint, T-Mobile, Unicel, US Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless
Additionally, you agree that we may send any SMS Statement Notifications through your communication service provider in order to deliver them to you. You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fee) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. You obligation under this paragraph shall survive termination of the Agreement, SMS Statement Notification are provided for your convenience only.
Content on the Service
The content available through the Service (including other member’s profiles) has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any such content.
We ask that you respect our on-line community and other members when posting content and using the Service. When submitting content to or otherwise using the Service, you agree not to:
submit material that violates someone’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations that could damage us, our members or any third party;
publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
“stalk” or harass any person;
behave, act or conduct yourself in a way which could be regarded as inappropriate, offensive or threatening or any conduct that is unlawful or illegal;
impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
solicit a member's password or other account information; or
gather (or attempt to gather) members’ names, addresses, or email addresses for any purpose.
· This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms, and we may, at any time and without prior notice, remove or disable access to any content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
· We ask for feedback from members after each date, in which members can report any inappropriate behavior or actions. We reserve the right to suspend or refuse our Service to anyone who has received negative feedback from another member or if we, in our discretion, believe you are not suitable for dates.
· We also reserve the right to disclose any information that you or other members submit through the Service, if in our opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of violence, abuse or harassment in any form. This information may be disclosed to the proper authorities that we deem appropriate.
· Cancellation of a Date
· You may cancel a date up to 24 hours prior to when the date closes. Dates will typically close 48 hours prior to the scheduled date and meeting time. If your date is cancelled by the other member, we reserve the right to create a new date for you for that match, during the 24 hours following such cancellation. If we are not able to provide you with a date, or if you elect not to accept a proposed date, we will issue you a credit for the date and not the picture portion once the date is over.
· Termination of your Account
· You may cancel or terminate your Account at any time, for any reason, by requesting that we delete your Account.
· If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service. We also reserve the right to disable or remove your Account from our Service at any time at our sole discretion. In the event your access to the Service is suspended due to your breach of these Terms, you agree that all fees then paid to us by you will not be refunded. Any suspension, termination or cancellation will not affect your obligations to us under these Terms, which by their sense and context are intended to survive any suspension, termination or cancellation.
· You agree to indemnify, defend and hold us harmless (and our other members) from any damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) we incur relating to or arising out of (1) your use of the Service, (2) any user postings made by you, (3) your violation of any of these Terms, (4) any damage or harm (to any person or property) caused by you, while at a Date venue or in connection with a Date or from any interaction with any other member, or (5) your violation of any applicable laws, rules or regulations.
· Links to Third Party Sites
· The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
· Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (“Feedback”) will be our sole and exclusive property and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
· You understand and agree that the Service is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
· Limitation of Liability
· OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (3) ANY CONTENT OBTAINED FROM THE SERVICE; AND (4) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
· Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
· These Terms are governed by the laws of the State of Texas, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.