TERMS AND CONDITIONS OF USE

We welcome you to the Gaia Soulmates service (the "Service") and the website located at soulmates.gaia.com (the "Website"). We hope that the Service will enable you to connect with your true soulmate... or at least make some new friends. The Service and Website are owned by Gaiam, Inc. ("Gaiam"). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE SERVICE AND WEBSITE.

1. Acceptance of Terms. This Terms and Conditions of Use Agreement (the "Agreement") sets forth legally binding terms for your use of the Service and Website. By using our Service or Website, you agree to be bound by this Agreement and all applicable laws and regulations with regard to your use of the Service and Website, whether you are a "Visitor" (which means that you simply browse our Service or Website) or you are a "Member" (which means that you have registered as a user of the Service and obtained a "Membership" in the Service). If you do not accept the terms of this Agreement, you should discontinue use of the Service and leave our Website immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on our Website or any other website or location through which you are able to access our Service. You agree to be bound by any modification to this Agreement when you use our Service or Website after any such modification is posted; it is therefore important that you review this Agreement regularly. If you are a Member, we will attempt to notify you by email when we update the terms of this Agreement.

2. Eligibility. You must be at least 18 year old, and single or legally separated from your spouse, in order to use the Service or the Website in any manner. If you wish to become a Member (which will enable you to communicate with other Members and otherwise make use of the Service) you must also complete the Registration Form and, if you choose one of the paid Membership levels, you must also pay the applicable fees for the Membership option you have selected ("Membership Fees"). You are only eligible to maintain a single Membership account in the Service at any time.

3. Becoming a Member. If you wish to become a Member of the Service, click here to complete our Registration Form. Following completion of the Registration Form, you will receive a confirming email instructing you how to activate your account, and you will then be prompted to create a profile containing photos, essays, and other information about yourself (collectively, a "Profile") to be posted on the Service.

We offer several options for Membership in the Service:

  • Basic Membership (FREE): You may browse and search the Service, create a Member profile, and receive messages from Premium Members, but you may not send messages through the Service or Website.
  • Premium Membership (options and Membership Fees below): In addition to the Basic Membership features described above, you may send messages to other Members through the Service, and receive messages from those you contact. You may choose from the following Premium Membership options:
    • 1 month: $19.99/month ($19.99/month auto-renewal)
    • 3 months: $39.00 ($13.00/month prepaid)
    • 6 months: $59.95 ($9.80/month prepaid)
    • 12 months: $79.95 ($6.60/month prepaid)

By registering for the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the "Registration Data") and maintain and promptly update your Registration Data to keep it true, accurate, current and complete. Use of and Membership in the Service are void where prohibited.

4. Member Account, Password and Security. If you register for our Service, you will be required to choose a password and user name, and you may be asked for additional information regarding your Service account, such as your email address. For safety reasons, we recommend that your user name should not contain your last name (in addition, rather than your actual first name, you may want to consider using a word or term with meaning to you). You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Gaiam (email: soulmatessupport@gaia.com) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Gaiam will not be liable for any loss or damage arising from your failure to comply with this paragraph.

5. Member Profiles. Member Profiles are visible to anyone who visits the Website or Service (including non-Members). When you create your Profile, please keep this in mind. You may not include any personal contact information (e.g. your real name, email address, phone number, etc.) in your Profile. If you choose to include a photograph in your Profile the photograph must be of YOU, and must not be obscene, indecent, or otherwise objectionable. You are required to keep the information in your Profile up to date and accurate at all times (for example, change your age listed in your Profile when you have a birthday). In addition, your Profile must comply with all requirements set forth below for general Content posted on or made available through the Service. You may not impersonate another person in your Profile or in any other manner on the Service.

6. Payment Terms. If you choose to purchase a Premium Membership in the Service, the applicable Membership Fees will be charged to the credit card you will be required to provide when you initially sign up for a Premium Membership. The Membership Fees for the initial term (e.g. 1 month, 3 months, 6 months, or 12 months) will be charged at the time of your initial registration for Premium Membership. If you select a Membership option with automatic renewal following the initial term (as described above) your credit card will automatically be charged for each renewal term. All Membership Fees are non-refundable. Gaiam reserves the right to change or modify Membership Fees or payment terms at any time. Gaiam will strive to provide you with reasonable notice prior to making any such changes.

If Gaiam is for any reason unable to effect automatic payment via your credit card, Gaiam will attempt to notify you via email, and your account will not be activated until payment is received. You are responsible to notify Gaiam of any changes to your credit card information and to update your information as necessary. You understand that your Premium Membership in the Service may be terminated or converted to a Basic Membership, in our discretion, in the event that we are unable to charge your credit card for any renewal term. You are required to notify Gaiam of any problems or discrepancies in Membership Fees charged to your credit card within sixty (60) days after they first appear on your credit card account statement (send notices to soulmatessupport@gaia.com). If you fail to so notify us, you waive any right to dispute such charges.

7. Your Interactions With Other Members. You acknowledge that we have no screening policy, and that anyone who registers to become a Member will become a Member without any review or approval by us. You are solely responsible for your interactions with other Members that occur as a result of the Service, whether online or offline, and any communications with other individuals through or as a result of the Service are at your own risk. We disclaim all liability for any actions of other Members. Please use your discretion when deciding whether to send any of your personal information to another Member with whom you have been exchanging correspondence. Gaiam reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Prohibited Conduct. You agree not to use the Service or Website to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own (and your own must not be featured in your Profile, as described above, but may be communicated in private messages to Members at your discretion);
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party (including without limitation Content that promotes or links to an illegal or unauthorized copy of another person's copyrighted work or provides information to circumvent copy-protect devices);
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

In addition, any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Website is strictly prohibited. You may not attempt to override or circumvent any security components and usage rules of our Service or Website. You are prohibited from engaging in any hacking, cracking, or other means of obtaining access to any Member account information or other data or communications not intended for you. We reserve all rights and remedies available to us, and we will not hesitate to pursue all available legal actions in response to violations of this Agreement.

9. Responsibility for Content. You, and not Gaiam, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Gaiam does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Gaiam be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

10. Rejection/Removal of Content. You acknowledge that Gaiam does not generally pre-screen or review Member Profiles or other Content posted on our Service. However, Gaiam shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Member profiles, other Content or portion thereof that is available via the Service, in its sole discretion, for any reason.

11. Termination of Membership or Access. Gaiam has the right in its sole discretion to restrict, suspend, or terminate your Membership in the Service, or your access to all or any part of the Service or Website at any time, for any or no reason, with or without prior notice, and without liability. You may choose to terminate your Membership at any time by notifying us by email at soulmatessupport@gaia.com. Please allow us sufficient time to process termination requests. If you terminate your account prior to the expiration of any pre-paid subscription, you will not receive any refund of pre-paid Membership Fees. You understand that termination of your Membership is your sole right and remedy with respect to any dispute with Gaiam. Following the cancellation or termination of your Membership by you or by Gaiam for any reason, Gaiam will have no further obligation to save your Profile, communications via the Service, or any other Content you have posted on or transmitted through the Service. We have the right to delete any personal information or other Content immediately following termination of your account.

12. Objectionable Content and Abuse. If you become aware of misuse of the Service by any person, if you find any Content on the Service that you feel is objectionable, or if you feel that any Member has violated the terms of this Agreement in any manner, please contact Gaiam (email: soulmatessupport@gaia.com). Please include a description of the misuse of the Service or the objectionable Content or activity (along with the URL or a copy of the Content if possible) in your email. Gaiam has no obligation to take any action whatsoever in response to any such notice, and the receipt of any such notice will not be deemed to create any duty or liability on the part of Gaiam.

13. Preservation/Disclosure. You acknowledge, consent and agree that Gaiam may access, preserve and disclose your Membership 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 to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Gaiam, its Members and the public. Under no other circumstances will Gaiam intentionally disclose your account information to any third party.

14. Non-commercial Use. The Service may not be used in connection with any commercial purposes, except as specifically approved by Gaiam. You may link to the home page of our Website, but any unauthorized framing of or linking to our Service or Website, or any Content therein, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member Profiles and Content without notice and may result in termination of Membership privileges.

15. Ownership of Content. Gaiam does not claim ownership rights in any Content you post on or transmit through the Service. Subject to the non-exclusive license contained in the following paragraph, as between Gaiam and you, you will retain all intellectual property rights that you may have in any Content that you post on or transmit through the Service.

16. License to Your Content. In order to be able to offer you the use of our Service, you are required to grant a license to Gaiam to use and distribute your Content. This enables us to permit other visitors to the site to view and share your Content, and to display your Content in other places within the Service. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any Content on or through our Website or the Service, you hereby grant to Gaiam a non-exclusive (meaning you can license the Content to other parties as well), fully-paid, royalty-free, irrevocable, worldwide license (including the right to sublicense) for the duration of copyright in your Content, to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through our Website, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of posting, and other factors. You may contact us at soulmatessupport@gaia.com to request the removal of certain Content you have posted, but Gaiam has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. In any case, a back-up or residual copy of any Content posted by you may remain on Gaiam's servers after the Content appears to have been removed from our Websites, and Gaiam retains all rights granted in this paragraph to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on or through our Website or the Service, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through our Website or Service does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, any other rights of any third party, or any terms of this Agreement.

17. Gaiam and Third Party Content. Our Service and Website contain Content of Gaiam ("Gaiam Content"), and Content of third party licensors to Gaiam (including content provided by you and other users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Gaiam owns and retains all rights, title and interest in the Gaiam Content. Gaiam hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Gaiam Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.

18. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Gaiam does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply Gaiam’s endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.

19. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data or personal information exported from the United States or the country in which you reside.

20. Privacy Policy. Gaiam respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. A complete statement of our current privacy policy can be found in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

21. Copyright Policy. Gaiam has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Gaiam reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Gaiam or of a third party, or otherwise violated any intellectual property laws or regulations. Gaiam’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Gaiam to delete, edit, or disable the material in question, you must provide Gaiam with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gaiam to locate the material; (d) information reasonably sufficient to permit Gaiam to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Gaiam either by e-mail at: soulmatessupport@gaia.com, or by U.S. mail to our designated agent for notification of infringement, John Jackson, at the address below.

22. Term and Termination. This Agreement shall remain in full force and effect for so long as it is accessible through the Service, whether on the Website or otherwise. You may terminate your Membership at any time, for any reason, by following the instructions on the "Support" page. Gaiam reserves the right to terminate your Membership or your access to our Service or Website immediately, with or without notice to you, and without liability to you, if Gaiam believes that you have breached any of the terms of this Agreement, furnished Gaiam with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 7, 9, 10, 11, 12, 13 15, 16, 17, 20, 22, 23, 24, 25, and 28-31 will survive termination of your use of the Service.

23. Disclaimer of Warranties. You expressly understand and agree that:

YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GAIAM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE "GAIAM PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.

THE GAIAM PARTIES MAKE NO WARRANTY: (I) THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (II) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE; AND (III) THE QUALITY OF ANY MEMBERS, CONTENT, PRODUCTS, SERVICES, INFORMATION OR ANY MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

24. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL THE GAIAM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF GAIAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAIAM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GAIAM FOR THE SERVICE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

25. Indemnity. You agree to indemnify, defend, and hold harmless the Gaiam Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or relating to your breach of the terms of this Agreement or your use of the Service or Website. Gaiam will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

26. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Service, to obtain certain premium Content through our Service, or for other reasons. These Additional Terms will be posted on the relevant portions of our Service or on the portions of our Service that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.

27. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.

28. Entire Agreement. This Agreement, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Gaiam and governs your use of the Website and Service, superseding any prior agreements between you and Gaiam with respect to the Website and Service.

29. Choice of Law and Forum. This Agreement and the relationship between you and Gaiam shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Gaiam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado.

30. Waiver and Severability of Terms. The failure of Gaiam to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

31. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

32. Questions. If you have any questions regarding this Agreement, please contact us by email at support@gaia.com, or by mail at Gaiam, Inc, PO Box 3095, Boulder, CO, 80307-3095.

These terms of service were last updated on February 9, 2009.