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MARBLE DATING CORPORATION – TERMS OF USE

Updated June 30, 2024

By accessing or using Marble’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy Policy, so it is important that you read this Agreement and these policies and procedures carefully before you create an account.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 4 BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND MARBLE. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update the Terms from time to time, so check this page regularly for updates.

1. INTRODUCTION

Marble Dating Corporation (“Marble,” the “Company,” “we,” “us,” “our”) provides its mobile application (the “App”) and related services, including, but not limited to, those related to RSVPing and/or attending events which are advertised, featured, hosted or otherwise disseminated through the App and other in-person interactions (collectively, the “Services”), subject to the following Terms of Use (as amended from time to time, the “Terms” or the “Terms of Use”). By accessing or using our Services, you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to our Privacy Policy, which is incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services. While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (together with Your Content, “Member Content”); and (iii) content that Marble provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

We reserve the right to modify, amend or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Our Terms of Use may always be found at https://marbledatingapp.com/termsofuse.  Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

2. WELCOME

Marble is a membership-based online community created to get people to go on dates in real life while exploring their city’s best restaurants and cocktail bars. Our goal is to foster a safe, trusted community for members to meet and engage in ways that will result in quality real-world connections and experiences. With that in mind, here are a few of the most important things to know about Marble:

  • We strive to foster a community where all members feel comfortable, secure and that their privacy is protected. We do this in a number of ways:

    • Our team and membership committee have been rigorously vetted and are under strict non-disclosure agreements, so your information, interest and involvement remains strictly between you and us, other than as you elect to share it through your actions or activity within the Service (as defined below).

    • We only select community members who we believe will adhere to our code of conduct, including respecting the privacy of our members, and who have agreed to do so pursuant to these Terms of Use. Further, we may periodically review our community and remove members who are not acting in accordance with our code of conduct or the below Terms of Use or who are otherwise engaging in disrespectful, distasteful, inappropriate or improper behavior.

In short, our members are the most important thing to us. Your comfort, safety, and trust in our community are the things we care most about, and we will never compromise that. Should you ever have any questions regarding these Terms of Use, your application, membership, or any other aspect of our Service, please feel free to contact us at contact@marbledatingapp.com.

3. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES

Before you create an account on Marble, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant Marble.

You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

  1. You are at least 18 years old;

  2. You are legally qualified to enter a binding contract with Marble;

  3. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;

  4. You are not on any list of individuals prohibited from conducting business with the United States;

  5. You are not prohibited by law from using our Services;

  6. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;

  7. You are not required to register as a sex offender with any state, federal or local sex offender registry;

  8. You do not have more than one account on our Services; and

  9. You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning. By submitting an application, creating an account, RSVPing to an event, attending an event or otherwise using our Services, you represent and warrant that you can form and enter into a binding contract with Marble.

You agree to:

  • Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

  • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

  • Use the latest version of our website and/or App;

  • Treat other users in a courteous and respectful manner, both on and off our Services;

  • Be respectful when communicating with any of our customer care representatives or other employees;

  • Take reasonable measures to protect the security of your login information; and

  • Present yourself respectfully and authentically by adding at least one photo that shows your face.

You agree that you will not:

  • Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

  • Use the Services in a way that damages the Services or prevents their use by other users;

  • Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;

  • Use our Services for any harmful, illegal, or nefarious purpose;

  • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;

  • Post or share Prohibited Content (see below);

  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;

  • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

  • Use another user’s account;

  • Use our Services in relation to fraud, a pyramid scheme, or other similar practice; 

  • Violate the terms of the license granted to you by Marble (see Section 4 below).

  • Disclose private or proprietary information that you do not have the right to disclose;

  • Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Marble’s prior written consent;

  • Express or imply that any statements you make are endorsed by Marble;

  • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

  • Upload viruses or other malicious code or otherwise compromise the security of our Services;

  • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

  • “Frame” or “mirror” any part of our Services without Marble’s prior written authorization;

  • Use meta tags or code or other devices containing any reference to Marble or the platform (or any trademark, trade name, service mark, logo or slogan of Marble) to direct any person to any other website for any purpose;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

  • Use, access, or publish the Marble application programming interface without our written consent;

  • Probe, scan or test the vulnerability of our Services or any system or network;

  • Encourage, promote, or agree to engage in any activity that violates these Terms; or

  • Create a new account after we suspend or terminate your account, unless you receive our express permission.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.

4. APPLICATION AND REGISTRATION PROCESS

In order to gain access to the App, prospective users will be asked to complete a brief application, with accepted users being offered membership for a fee. All applications will be considered; however, we reserve complete control and sole discretion regarding who is granted membership to the App. Among the factors that our membership committee considers in reviewing applications is the extent of the applicant’s connection to existing members, as we’ve found an existing “real world” network within the community to be among the best indicators of an applicant’s engagement and enjoyment on the App. Those who are not granted access will be placed on our waitlist, which is continually reviewed by a dedicated team for additional applicants to be admitted.

You will be required to register with Marble and provide certain information in order to activate a membership or otherwise access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy. By submitting an application, you agree to receive text messages and emails from us regarding, among other things, the status of your application.

Upon acceptance as a member, applicants will be required to select a subscription option from among various prices and durations. Payments automatically renew until canceled and are subject to the terms and conditions applicable to the payment method. In addition to membership subscription fees, users have the ability to make in-app purchases. Any such in-app purchases will be paid via the user’s Apple account and are subject to the terms and conditions thereof. We reserve the right to raise or lower the cost of our membership subscription fees, in-app purchases and other charges, and to create additional tiers or types of membership, at any time. As we use third-party services for payment processing, we do not have access to or store your payment information and we do not offer refunds for any reason other than as set forth in the Terms of Use. Unused in-app purchases and any unused portion of a subscription will not be refunded upon the expiration or termination of a user’s membership.

Upon using our Services, you will be responsible for maintaining the confidentiality of your account, the accuracy of your information, and will be fully responsible for all activities that occur under your account. You agree to (a) immediately notify Marble of any unauthorized use of your account or any other breach of security, (b) keep your information current and accurate at all times, (c) ensure that you exit from your account at the end of each session when accessing the Service, and (d) implement the necessary security safeguards on any device you use to access the Service. In addition to the disclaimers and limitations set forth below, Marble will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.

Term and Termination.

You may terminate your account at any time, for any reason, by navigating to Settings, scrolling to the bottom of the page, and pressing “Delete account.”  Marble reserves the right to investigate and, if appropriate, modify, suspend, discontinue or terminate your account or your access to the Service without a refund if Marble believes that you have violated these Terms, misused our Services, or behaved in a way that Marble regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by Marble for any reason, these Terms continue and remain enforceable between you and Marble, and you will not be entitled to any refund for purchases made, including all membership subscription fees and in-app purchases. Your information will be maintained and deleted in accordance with our Privacy Policy.

Subscription

We offer a Basic package and a Premium package, both of which require payment either monthly, quarterly, or semi-annually via the Apple in-app payment system. To receive our Service, you agree to provide a valid credit card or debit card number. Subscription terms automatically renew for indefinite successive renewal terms for the same period as the initial term, until canceled by the user or by us in accordance with these Terms of Use and members are charged upon such renewals. The subscription fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until cancelled, regardless of whether you use the Service. Our Basic package gives members the ability to create and share dates, invite members to their dates, browse the map and join existing dates, and adjust age and distance preferences. Our Premium package gives members access to all Basic package features plus the ability to see double the amount of date options on the map, send double the amount of date requests, see double the amount of standouts, send double the amount of date invites, and get priority access to Marble events.

By using the Service you acknowledge and agree that certain features, products, events, and other aspects of the app and, more generally, the Service, are not available to all users. By way of example, use of the app is only available to members, but certain aspects of the Service, such as those related to events, may be available to non-members. Further, certain features and updates within the app are frequently beta tested among a small portion of our users and other more permanent features are made available only to certain segments of our users based on their location, preferences, use of the App, unique privacy requirements, subscription package, and other factors.

Prohibited Commercial Use.

The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, art, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose without obtaining Marble’s prior express written consent, which consent may be withheld in our sole discretion.

User Interactions; Meetings; Events.

THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR YOUR EXPERIENCE AT ANY IN-PERSON MEETING, EVENT OR VENUE YOU ARE INVITED TO OR HOST OR OTHERWISE ATTEND THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE APP, TEXT CONVERSATIONS, IN-PERSON INTERACTIONS WITH THOSE YOU MEET THROUGH THE SERVICE, AND YOUR ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. You understand and acknowledge that the Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations as to the conduct, background or fitness of its users or their compatibility with any current or future users. Further, although the Service may be used as a platform to promote, host and invite users to public and private in-person events, the Company is not responsible for your experience at any event and in no way shall be liable for any lawsuits, actions, claims, or demands (“Claims”) arising out of or related to any such events.  While we endeavor to ensure the privacy and safety of all users’ interactions through the Service, we have no involvement, and disclaim all responsibly, with respect to in-person interactions. You should only elect to disclose your location after careful consideration. Further, to the extent that you share the details of a reservation or join another user’s reservation though the Service, Marble disclaims any affiliation with such locations and makes no representations or warranties as to the safety of the location or the activities taking place therein. As noted below, in no event shall the Company, its affiliates or its officers, directors, employees or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons you meet through the Service, including those who may be able to find you through location-based components of the Service. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.

User Content.

You are solely responsible for Your Content and any information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including, but not limited to, messages, videos, photographs, date details and descriptions, responses to prompts, or other text, whether publicly posted or privately transmitted. You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, disrespectful, distasteful, sexually explicit, exploitive, overtly and repeatedly self-promotional or commercial, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services (as defined below), is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the content on the Service and grant the licenses set forth below. Although Marble does not generally monitor Member Content and is not responsible for any content posted on the app, we reserve the right to delete any content, in whole or in part, that in our sole judgment we believe violates these Terms of Use or otherwise may materially negatively impact our members’ experience on the App or harm the reputation of the Service or the Company. By posting Your Content as part of the Service, you grant Marble an indefinite non-exclusive, worldwide, transferable, sub-licensable, royalty-free, license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Your use of the Service, including Your Content, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that Your Content may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared content from other Marble users).

Prohibited Content and Activities

Marble prohibits uploading or sharing content that:

  • Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;

  • Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;

  • Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

  • Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

  • Is defamatory, libelous, or untrue;

  • Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);

  • Involves the transmission of “junk” mail or “spam”;

  • Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Marble or otherwise;

  • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

  • Was not written by you or was automatically generated, unless expressly authorized by Marble;

  • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;

  • Is inconsistent with the intended use of the Services; or

  • May harm the reputation of Marble or its affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

The Company reserves the right to investigate, suspend or terminate your account if it is believed, in the Company’s sole discretion, that you have misused the Service or acted in a way the Company regards as inappropriate, improper, distasteful, harassing, unlawful, promotional, or not in conformance with the values and mission of the Company, including actions or communications occurring outside of the Service or prior to membership on the Service. Such inappropriate, improper and unlawful behavior includes, but is not limited to: (i) sending, posting or otherwise uploading any content prohibited by these Terms of Use; (ii) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; (iii) violating any applicable local, state, national or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusive, bullying, exploiting, embarrassing, annoying, threatening, or stalking others; (v) disclosing the identity of any user; (vi) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (vii) soliciting personal information from anyone under the age of 18; (viii) soliciting payment from any user; (ix) harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (x) promoting, marketing, advertising or offering to sell or buy any goods or services for any commercial purpose that is not specifically authorized; (xi) interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in Marble’s sole discretion, (xii) making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, abusive, pornographic, harassing, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in Marble’s sole discretion; (xiii) furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; (xiv) obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; (xv) misrepresenting your identity, status, location, qualifications or affiliations; (xvi) oversharing within the app (including with respect to contacting members, posting content, or otherwise) in a manner that might be reasonably deemed to be uncomfortable, annoying, distracting, antagonistic, overly promotional, or otherwise detrimental to our members’ experience; and (xvii) disclosing information that you do not have the right to disclose.

Intellectual Property Ownership.

The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information, whether owned by the Company or licensed through a third-party, which is accessible through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Third Party Material.

Under no circumstances will Marble be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in the App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Marble does not pre-screen content, but that Marble and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Marble and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Marble, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Digital Millennium Copyright Act.

The Company has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any content infringes upon your intellectual property rights, please submit to contact@marbledatingapp.com a notification alleging such infringement ("DMCA Takedown Notice") including (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Third Party Websites.

The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. Marble has no control over such sites and resources and Marble is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Marble will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and such third party, and you acknowledge and agree that Marble is not liable for any loss or claim that you may have against any such third party.

Social Networking Services.

You may integrate various online third-party services, such as social media and social networking services like Instagram (“Social Networking Services”), into our Service. By integrating these Social Networking Services into our Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services may provide us with access to certain information that you have provided to such Social Networking Services, and we may use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Marble’s use, storage and disclosure of information related to you and your use of such services within Marble (including your friend lists and the like), please see our Privacy Policy. The manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Marble shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. Marble is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Marble is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services.

Mobile Service.

The Service includes certain services that are available via mobile devices including (i) the ability to upload content to the Service, (ii) the ability to browse the Service, (iii) the ability to access certain features through an application downloaded and installed on a mobile device, and (iv) the ability to receive SMS text messages (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Marble and via APNs push notifications or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Marble account information to ensure that your messages are not sent to the person that acquires your old number.

Push Notifications; Location-Based Features; Communications.

By using the Service, including in submitting an application for membership, you agree that we may provide you with emails, text messages, push notifications, alerts and other messages related thereto. After downloading the app, you will be asked to accept or deny push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the app, you may opt out by changing your notification settings on your mobile device. The app may allow you to disclose your location or make available opportunities for you to determine the location of other users and/or view certain content and services based on your location. If you elect to make these opportunities available to you, the app will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the app to access your location data, your location will not be disclosed and you will not be able to access such location-specific content, products, services and materials. For more about how the app uses and retains your information, please read the Privacy Policy. Users of the Service who are not members of the app may contact the Company at any time at contact@marbledatingapp.com to change notification and communication preferences.

Apple-Enabled Software Applications.

Marble offers software applications such as the App that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software being “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:

  • You and Marble acknowledge that these Terms of Use are concluded between Marble and you only, and not with Apple, and that as between Marble and Apple, Marble, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Use.

  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.

  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Marble’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Marble as follows: contact@marbledatingapp.com

Marble and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

Disclaimers.

You acknowledge and agree that neither the Company nor its officers, directors, employees, agents or affiliates are responsible for, and shall under no circumstances have, any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) the conduct, whether online or in-person, through the Service or otherwise, of any user; (ii) your attendance at any event or venue posted, advertised, promoted, or made available to you through the Service, (iii) the content posted in the Service, whether posted by users or caused by any of the equipment or programming associated with or utilized in the Service; (iv) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (v) termination or discontinuation of the Service; (vi) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (vii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service.

Limitation on Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Arbitration and Governing Law.

This Agreement shall be construed, governed, interpreted, and applied in accordance with the laws of the State of Delaware. Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law, the exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. 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. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU WAIVE 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 WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a neutral arbitrator, not a judge or jury. 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. 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 may be commenced only in the federal or state courts located in the State of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and WAIVE YOUR RIGHT, IF ANY, TO A JURY TRIAL in such actions. These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. For users residing in any jurisdiction where this arbitration agreement is prohibited by law, the laws of the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use or the Services but not eligible for arbitration will be litigated exclusively in the federal or state courts located in the State of New York and you and Marble consent to personal jurisdiction in those courts.

Indemnification.

You agree to indemnify and hold the Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any event that you promote, market, create, attend, host or invite others to using the Service, any postings or content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Event Creators and Hosts.

In addition to, and under no circumstances in limitation of, the other provisions of these Terms of Use, by utilizing the Service to, directly or indirectly in any manner whatsoever, create, host, promote, or invite others to a private or public event, you acknowledge and agree that (i) the Company is not responsible for the event or any aspect thereof, including, but not limited to, the behavior or safety of any attendee, (ii) you will not promote, market or refer to the event as a “Marble event” or otherwise indicate or give the impression that Marble has any involvement with the event other than as an invitation platform, and (iii) you agree to indemnify and hold the Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party relating to the event.

Notice.

The Company may provide you with notices, including those regarding these Terms of Use, using any reasonable means, which may include email, SMS, MMS, text message, or postings in the Service. Such notices may not be received if you violate these Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

Reviews.

For the avoidance of doubt, nothing in these Terms of Use should be construed to prohibit you from offering customer reviews of Marble or its Service or engaging in any activities protected by the Consumer Review Fairness Act, California’s Yelp Law (Cal. Civ. Code § 1670.8), or any other similar statute or rule.

Entire Agreement; Miscellaneous.

These Terms of Use, together with the Privacy Policy, comprise the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms of Use is held invalid, the remainder hereof shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your Marble account is non-transferable and all of your rights to your profile or contents within your Marble account terminate upon your death or termination from the Service. No agency, partnership, joint venture or employment is created as a result of these Terms of Use and you may not make any representations or bind the Company in any manner.

State-Specific Terms.

The following provisions are added to these Terms of Use for users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: you, the buyer, may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel the membership and your payment though Apple, please see the “Term and Termination” section above. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same email address as listed above.

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions? Concerns? Suggestions?

Please contact us at contact@marbledatingapp.com to report any violations of these Terms of Use or to pose any questions regarding the Company, these Terms of Use or the Service.

Marble Dating Corporation x Bob Menery Sweepstakes October 2024.

 

No Purchase Necessary to Enter or Win. A Purchase will Not Increase Your Chances of Winning.

 

Eligibility: The Marble Dating Corporation x Bob Menery Sweepstakes October 2024 (hereafter, “Sweepstakes”) is open to legal residents of the 50 United States (and the District of Columbia) who are 18 years of age or older (or in the case where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority, at the time of entry. Employees, officers, directors, agents and representatives of Marble Dating Corporation LLC (“Sponsor”), Bob Menery (Individual), each of their respective parents, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies (hereafter collectively, “Released Parties”), and each such individual’s immediate family members (mother, father, sister, brother, child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win. Void where prohibited by law. All applicable federal, state and local laws apply.

 

Promotion Period: Sweepstakes begins 5 PM Eastern Time (“ET”) on 10/23/24 and ends 4:00 PM EST on 10/29/24 (hereafter, “Promotion Period”).

 

How to Enter: Visit @marbledating Instagram page during the Promotion Period and follow the instructions provided to complete/submit an Official Entry to receive one (1) entry. Each additional friend you tag on the post will count as one additional entry. All entries must be received by 4:00PM ET on 10/29/24 to be eligible. You may only use one (1) Instagram handle to enter the Sweepstakes. Entries received from any person or handle more than the above stated limitation will be void. Your submission of an entry constitutes your consent to participate in this Sweepstakes and your consent for Sponsor to obtain, use and transfer your name, IG handle, and other information for the purpose of administering this Sweepstakes. The use of script, macro or automated devices (or any other devices intended to automate or subvert any aspect of entry) to enter the Sweepstakes is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Sponsor’s sole discretion and in accordance with these Official Rules) will be void. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. In the event of a dispute as to the identity of an entrant based on the Instagram Handle Used to enter, entry will be awarded to the person named on the applicable Instagram Handle provided such individual is eligible according to these Official Rules.

 

Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, inaccurate, or undelivered entries; or for telephonic, human or computer failures, problems or errors, defects or delays in any transmission, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize, for any injury or damage to participant’s or any other person’s computer or other device relating to or resulting from participation in this Sweepstakes, or for printing, typographical, human or other errors appearing in these Official Rules or other Sweepstakes-related materials. Sponsor reserves the right, in its sole discretion, to void any entries of entrants and disqualify such entrants whom Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes and/or who are in violation of these Official Rules.

 

Winner Selection & Notification: Potential winner will be randomly selected on or about 10/29/24 from among all eligible entries received. Odds of winning will depend upon the total number of eligible entries received. By entering, entrants agree to be bound by these Official Rules and to the decisions of the Sponsor and judges, which will be final and binding in all respects. Potential winner will be notified by Instagram direct message from @marbledating Instagram account.

 

One (1) Grand Prize: Grand Prize includes 2 tickets to the New York Yankees vs Los Angeles Dodgers game (hereafter “Game”) currently scheduled to take place on Wednesday, October 30th at 8:08 PM EST at Yankee Stadium. Approximate Retail Value (“ARV”) = $5,000. Travel expenses are not provided and will be the sole responsibility of the winner. Participation in the game is subject to winner’s (and guest’s) consent to and compliance with all health and safety policies currently in effect at the time of the game. If the game is canceled or postponed for any reason by Major League Baseball, the Sponsor is not responsible for providing substitute tickets unless Major League Baseball and the New York Yankees provide alternate game tickets. All prize details are at Sponsor’s sole discretion. Certain travel restrictions may apply. Unless otherwise indicated herein, all expenses and travel costs including, but not limited to, all transportation, parking, meals, incidental, surcharges, service charge or facility charges, personal charges, taxes or other expenses, as well as all federal, state and local taxes, are the responsibility of winner and his/her guest. All elements of the Grand Prize are subject to availability, blackout days and other restrictions. Game tickets are subject to the terms and conditions specified thereon. If unused, Game tickets cannot be sold, returned, refunded or exchanged for cash value or substitute tickets. No changes may be made by Grand Prize winner (or winner’s guest) to prize details once any portion of arrangements has been made. Sponsor is not responsible for changes in schedule of any element of the prize. PRIZE IS AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.

 

Miscellaneous: No transfer, assignment, cash redemption, or substitution of prize is permitted except by Sponsor who reserves the right to substitute the prize with one of comparable or greater value, at its sole discretion. Potential Grand Prize winner will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release, as well as any other documents required by Sponsor, within six (6) hours of time of issuance of notification. Should the potential winner decide to decline his/her prize for any reason whatsoever or not respond to the prize notification by the applicable response deadline, Sponsor shall have no further obligation to that potential winner and an alternate winner may be randomly selected (time permitting) from among all remaining eligible entries. Winner’s guest must be of legal age of majority in his/her state of residence (and at least eighteen (18)) or a legal dependent of the eligible winner and must execute and return a Liability/Publicity Release prior to travel. By participating, entrants agree to be bound by these Official Rules and agree that: 1) Sponsor and its designees may use (unless prohibited by law) entrant’s name, city and state of residence, photograph, any oral or written statements, and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, and 2) the Released Parties shall have no liability and entrant will defend, indemnify and hold harmless Sponsor and the Released Parties from and against any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize (including, but not limited to, and travel or activity related thereto) or participation in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Sweepstakes (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or for any other reason and, in the case of termination, at its discretion, select the winner from all eligible non-suspect entries combined and received prior to the event that required such termination. CAUTION: Any attempt to deliberately damage the website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek any and all remedies available from any such person(s) responsible for the attempt to the fullest extent permitted by law.

 

Arbitration: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.

 

Privacy: By participating in the Sweepstakes, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.marbledatingapp.com/terms-of-use  In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.

 

Winner’s Name: For the name of the winner (available after 10/29/24), send a self-addressed, stamped envelope to be received by 11/03/24 to: Marble Dating Corporation: Marble Dating Corporation x Bob Menery Sweepstakes October 2024; 59 w 8th street, New York, NY, 10011.

 

Sponsor: Marble Dating Corporation LLC and Bob Menery (Individual)

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