Smitten - A dates every week. Guaranteed.

Last Updated: Sept. 5, 2018

This is a legal agreement ("Agreement") between you and Xvolve, Inc. ("we," "us," or "our"). By using our website, located at www.smittendate.com ("Website"), our mobile app, and/or other services we provide (collectively, "Smitten"), or otherwise accessing the pages of Smitten (collectively, the "Services" or "Service") you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SMITTEN APP OR ANY OTHER SERVICES WE PROVIDE. Your use of, or participation in, the Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

The Smitten Service consists of a service for people interested in dating other people, and includes interactive content, *community services*, and date recommendations. Smitten may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Smitten also reserves the right to cease offering any of the Services.

This Agreement is subject to change by us in our sole discretion at any time, with or without notice. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult at the top of this Agreement to determine when the Agreement was last revised.

ELIGIBILITY

1. Minimum Age. You must be at least 18 years old to use the Services and to register for the Services. By registering to the Services, you represent and warrant that you are at least 18 years old.

2. Criminal History. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Smitten DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Smitten reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

USE OF THE SERVICES

As a user of the Services (a "Registered User"), you agree to the following:

1. Personal Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Smitten is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.

2. Geographic Limitations. The Services are intended for use in the Canada only. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Canada export control laws. You are not located in, under the control of, or a national or resident of any country which the Canada has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.

3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services.

4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through our service.

5. No Guarantees. Smitten makes no guarantees as to such matches' ability, desire or criteria to communicate or meet with any user. You understand that Smitten makes no guarantees, either explicit or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals. Please note that you can not be refunded for reasons such as your partner not meeting your expectations or your partner being late.

6. Reporting of Violations. You will promptly report to Smitten any violation of the Agreement by others, including but not limited to, Registered Users. Send reports to info@xvolve.co.jp.

7. Content Posted by You on the Service. Smitten reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Smitten will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. Without limiting the foregoing, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

advocates harassment or intimidation of another person;

requests money from, or is intended to otherwise defraud, other users of the Service;

involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "swimming", "phishing", "trolling" or similar activities);

promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

contains video, audio photographs, or images of another person without his or her permission (or *in the case of a minor, the minor's legal guardian);

contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;

contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and

publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

8. Updates Regarding False Information. If information provided to Smitten or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Smitten of such change.

9. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, or otherwise, you acknowledge that you will have caused substantial harm to Smitten, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Smitten $50 for each such unsolicited communication you send through the Services.

10. Unique and Bona Fide Profile. As a Registered User of the Service, you will create only one unique profile. In addition, your use of the Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Smitten may create test profiles in order to monitor the operation of the Services.

11. Selection of Profiles. Our service provides exclusive matching, and your profile will be selected to introduce you to specific matches based on our algorithm. You will be under the obligation to meet with or communicate with the match(es) we may introduce to you. In the case that you will repeatedly cancel your date, you may be suspended from using the Service.

12. No Harassment of Smitten Employees, Agents or Users. You will not harass, annoy, intimidate or threaten any Smitten employees or agents engaged in providing any portion of the Services to you. You will not harass, annoy, intimidate or threaten any other user of the Services that you come into contact with through use of the Services.

PROPRIETARY RIGHTS

1. Ownership of Proprietary Information. You hereby acknowledge and agree that Smitten is the owner of highly valuable proprietary information, including without limitation, the matching algorithm, profiles, and profile questions. Smitten owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.

2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

3. Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Smitten or third party proprietary information available via the Services.

4. License to Posted Content. By posting information or content to any profile pages or public area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to Smitten and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or program.

DISCLAIMER OF WARRANTY

1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Smitten PROVIDES THE SERVICES 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 SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Smitten DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Smitten DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Smitten, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Smitten DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Smitten. UNDER NO CIRCUMSTANCES WILL Smitten BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

3. Beta Features. From time to time, Smitten may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Smitten's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

LIMITATION OF LIABILITY

1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL Smitten BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Smitten KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. No Liability for non-Smitten Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Smitten BE LIABLE FOR ANY 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 IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

3. Information Verification. Smitten and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Smitten and its contractors will have no liability to you arising from any incorrectly verified information.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Smitten, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Smitten reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smitten in asserting any available defenses.

COMPLAINTS

To resolve a complaint regarding the Services, email us at info@xvolve.co.jp.

COMMUNICATION AND PRIVACY

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by via WhatsApp in order to communicate with you regarding the Services, including but not limited to notifying you about matches and dates.

FREE TRIALS

1. Your membership may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up and is intended to allow new registered users and certain former users to try the service.

2. Free trial eligibility is determined by Smitten 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. Registered users of households with an existing or recent smitten membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Smitten membership to determine eligibility. For combinations with other offers, restrictions may apply.

3. 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. We will send you the monthly membership price and end date of your free trial period on your WhatsApp account.

BILLING CYCLE.

The membership fee for the Smitten service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, 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. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

CANCELLATION

1. When you wish to cancel the membership, please inform us via WhatsApp. After you contact us, we will send you a cancellation form. After you complete the transmission of your cancellation form, your cancellation procedure will be completed.

2. Even if you pause or cancel the subscription in the middle of the used period, we do not pay any refunds or settlement by daily calculation of unused period.

3. All payments and fees are non-refundable. Very rarely, in cases where there are special circumstances, if we judge it to be appropriate (for example if the Smitten service could not be used for several days due to technical problems, etc.), our company was affected, we may provide credit to subscribers.

DATE CANCEL AND PENALTY

1. Cancellations after 5PM on Wednesday can not be done as a rule because it will cause inconvenience to the other registered users. If you are absent that day or canceled due to unavoidable reasons, we will charge by the credit card you registered as a penalty and you will not given a Dating Pass. For details, please see the following:

・If you cancel AFTER 5PM on Wednesday, or BEFORE 4:59PM on the day before the date, a cancellation fee of $20 will be incurred as a penalty fee.

・If you cancel AFTER 5PM the day before the date, a cancellation fee of $30 will be incurred as a penalty fee.

・If you do not appear at the designated place without permission at the specified time of the date, a cancellation fee of $60 will be incurred as a penalty fee.

2. If after sending the details of the date and we don't get a confirmation 2 hours before the date, the date may be forcibly canceled. In that case, we will charge a cancellation fee of $30 as a penalty through the credit card you registered.

3. In the case of late arrival of 30 minutes or more, if the partner wishes to cancel, it will be treated under the case of 'cancellation after 5PM the day before the date', and a cancellation fee of $30 will be incurred as a penalty fee.

4. Cancellation charged as a penalty fee applies to all registered users regardless of under free trial or paid.

GENERAL PROVISIONS

1. Controlling Law and Jurisdiction. You agree that Ontario law (without giving effect to its conflicts of law principles) will govern this Agreement, the Services and that any dispute arising out of or relating to this Agreement or the Services will be subject to the exclusive jurisdiction and venue of the province of Ontario. You acknowledge and agree that any violation of this Agreement may cause Smitten irreparable harm, and therefore agree that Smitten will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Smitten may have for a breach of this Agreement.

2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located at www.smittendate.com/privacy-terms, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and Smitten regarding the use of the Services, superseding any prior agreements between you and Smitten related to your use of the Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Smitten to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Smitten at info@xvolve.co.jp. as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit Smitten to contact you, such as your address, telephone number, and e-mail address; 5. 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 law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to Smitten

Smitten Privacy Policy

Last Updated: 04/01/2018

Xvolve Group, Inc. (“Smitten,” "we," and "us" or “our”) respects the privacy of its users ("you") and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. The following policy covers the manner in which Smitten, ("Smitten," "we," "us," or "our") covers personal information collected and received on Smitten and associated applications for use on mobile and website applications, and other online services. Furthermore, this policy tells you what information we collect and the steps taken to protect and secure that information. Finally, by using the site, you agree to use the Site subject to the Terms and Conditions and this Privacy Policy.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Information We Collect

1. To register as a Smitten User (“Member”), you will be asked to sign in via Facebook. By doing this, you authorize Smitten to access certain account information from Facebook, such as your public Facebook profile (consistent with your privacy settings on Facebook), your email address, interests, education history, likes, gender, relationship interests, birthday, current city, friends list, personal description, information about you and photos of your Facebook friends who may share common friends with other Smitten Users. You will also be asked to allow Smitten to collect your location information from your device when you download or use the Service. In addition, we may collect and store any personal information you provide while using our Service or in some other manner. This may include identifying information such as your name, address, email address, and telephone number, and if you transact business with us, financial information. You may also need to provide us photos, a personal description, and information about your gender and preferences for recommendations such as search distance, age range, and gender. If you chat with other Smitten Users, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.

2. Smitten can also collect information about your transactions with us, as well as with our business partners. This information might include information needed for payment processing that is due to us from you, such as your credit card or debit card number.

3. Smitten may automatically receive and record information on our server logs from your mobile device.

4. Smitten uses information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting.

IP Address

Smitten may occasionally obtain IP addresses from Users depending upon how you access our web site. IP addresses, and browser and session information may be used for various purposes, including to:

1. Diagnose and prevent service or technology problems reported by our Users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.

2. Estimate the total number of Users visiting Smittendate.com's web sites from specific geographical regions.

3. Help determine which Users have access privileges to certain content, services, or resources that we offer.

4. Monitor and prevent fraud and abuse.

5. Provide more relevant advertisements to you.

Cookies and Use of Cookie Data

1. When you visit our Service, we may assign your device one or more cookies so that your experience is personalized through facilitated access to our service. Through cookies, we also can automatically collect information about your activity on our Service. Examples are the pages you visit, the time and date of your visits, and the links you click. If we advertise, we (or third parties) may use certain data collected on our Service to show you Smitten advertisements on other sites or applications.

Information Relating to Children

2. Protecting young children’s privacy is crucial to us. For that reason, Smitten does not knowingly collect personally identifiable information through the Smitten website from those younger than 18 years old, and thus no part of the Smitten service is directed to persons under that age.

3. If you are under 18 years of age, then please do not use or access the Smitten service or website at any time or in any manner.

Information Use, Sharing, and Disclosure

1. Smitten does not share personal information we learn about you from your use of Smitten’s service, web sites, and/or products with others except as described in this policy.

2. When you provide personal information through using Smitten, you are however sharing your personal information with Smittendate.com and its affiliated entities. The use of your personal information by these organizations is subject to this policy.

3. We do not share your information with unrelated third parties for their direct marketing purposes. However, Smitten may display targeted advertisements based on personally non-identifiable information (such as browser type and IP address) and/or personal selection (see the Section entitled Third Party Advertising below for more information on how your information is shared with advertisers).

4. Smitten may use or share your personal information where it is necessary to complete a transaction, to operate or improve the Smitten products and services, to do something that you have asked us to do, or tell you of products and services that we think may be of interest.

5. From time to time, Smittendate.com or a partner, may sponsor a promotion, sweepstake, or contest on Smitten. If you are interested in participating, you may be asked to provide personal information, for example your name, email address, home address, or else have you answer certain questions. Smittendate.com may transfer personal information to certain advertising partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

6. When you are contacted with an offer or service based on information you have shared with Smitten, we will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted, however, in connection with any of our paid products and services (i.e., products or services that you license or use for a fee), we reserve the right to send you certain communications relating to those products and services, such as service announcements and administrative messages that are considered part of your Smittendate.com account, without offering you the opportunity to opt-out of receiving them.

7. When you register for Smitten, Smittendate.com collects User-submitted account information such as name, email address, and age to identify Users and send notifications related to the use of the service. Smittendate.com also collects User-submitted profile information including additional contact information, location, biographical information, and photos. This additional profile information will assist other Users in finding and communicating with you.

8. Smitten will display your "Display Name" on your profile. Smitten will display your name and any other User-submitted profile information on your profile according to the preferences you set in your account.

9. Email addresses and full names may be used when a User invites a friend via email or facebook to join Smitten and when Smitten sends notifications to a User related to their use of Smitten.

10. When you post a message on a Smitten Site, or third party services, you have the ability to post a message which may include personally identifiable information about yourself.

11. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

12. Smittendate.com may share personally identifiable information about you under the following circumstances:

13. In the course of operating our business, it may be necessary or appropriate for us to provide access to your personal information to others such as our service providers, contractors and select vendors so that we can operate Smitten and our business.

14. We may share your personal information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights or, defend against legal claims and if in our judgment in such circumstances disclosure is required or appropriate.

15. We may share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of use, or as otherwise required by law.

16. As we continue to develop our business, we may also buy or sell all or part of our business. In such transactions, personally identifiable information you have shared with us is generally one of the business assets that will be transferred. The transferred personally identifiable information will remain subject to the promises made in this privacy policy or subsequent policies to which you have consented.

Changes to this Privacy Policy

1. Smitten may revise, modify or update this policy. We may notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your particular Smittendate.com account or by placing a prominent notice on our site. You are encouraged to check this policy frequently for any changes as your continued use of the Smitten service indicates your consent to such changes.

Confidentiality and Security

2. No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your information, we take reasonable measures to secure it on our systems.

3. If Smittendate.com learns of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using Smitten or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of those sites, products, and services. We may post a notice on our applicable web sites if a security breach occurs. If this happens, you will need a web browser enabling you to view the applicable web sites. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Changing your Preferences and Personal Information

1. You can edit your account information with Smitten at any time. Most personal information you may provide is entirely optional. For example, to the extent that parents are considering whether to permit their children to use Smitten, we do not condition a child's participation based upon their provision of any more personal information than is necessary to operate those sites, products and services.

2. You can delete your applicable account by visiting the applicable account deletion page; however, please note that some personal information, primarily your contact information, may remain in our records to the extent necessary to protect our legal interests or document compliance with regulatory requirements.

Contact

You can contact us about this privacy statement by emailing us at the following address: info@xvolve.co.jp