Terms of Use

This is a legal agreement ("Agreement") between you and ember of love, LLC (doing business as “ember”), a Texas Limited Liability Company, which may be contacted at contact@emberspot.com. By accessing ember, currently located at www.emberspot.com (the "Site"), and using any of the Services (as defined below) accessible through the Site, 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 Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain 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 ember services consist of the following, without limitation: a service for single people ("Singles Service") and interactive content such as Dating Advice, Calls, Discussions, Resources, Match Questions, Messages, Games, Events, Matches, Near Me, Who’s Checking Me Out, Favorites, Invite Friends, Happy Members, Intro Vid, Voice Intro, Photos, etc. ("Content Services") (collectively, the "Services"). ember 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. ember also reserves the right to cease offering any of the Services.

Please review this Agreement carefully, including the Arbitration provision in Section 14, which describes how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement.

This Agreement is subject to change by ember in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

1. Eligibility

2. Use of Site and Service

3. Proprietary Rights

4. User Information

5. Links to Third Party Websites / Advertisers and Sponsors

6. Disclaimer of Warranty

7. Limitation of Liability

8. Indemnification

9. Complaints / Law Enforcement Contact

10. Communication and Privacy

11. Term and Termination

12. Cancellations

13. RENEWALS

14. Arbitration

15. General Provisions

16. Digital Millennium Copyright Act Notice

17. ember Community Standards

18. Technical issues  / Feedback

19. Revision Date

1. Eligibility

• Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By using ember, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.


• Marital Status. By requesting to use, registering to use, or using ember, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use ember.
 

• Criminal History. By requesting to use, registering to use, and/or using ember, 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. EMBER DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, ember reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.


• Meeting Matching System Criteria. ember requires your completion of the registration questionnaire and encourages completion of your match questions.

2. Use of Site and Service

As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:

• You are a Baptized Seventh-day Adventist. By using emberspot.com, you confirm that you are indeed a single, baptized member of the Seventh-day Adventist Church. You also give ember the right to request from you and receive from you any information that helps confirm your church membership, such as, but not limited to, your baptismal certificate and/or a letter from your church pastor.
  

• Exclusive 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 may not create and use an account to obtain information about our pricing, features, users, design, registration questions, Perfect Match questions for any other reason than your personal (e.g., price comparison, your business development, competitor analysis, etc.). You acknowledge that ember is not responsible for third party access to your account that results from theft or misappropriation of your usernames and passwords.
  

• Geographic Limitations. 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, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your jurisdiction. Where there is a conflict of laws, Texas State law will govern disputes.


• 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. In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s). 


• Redirection to third party websites. While using ember’s services, you may be redirected to third party websites. For example, game play may be carried out on a third-party website. In one case, acceptance of an invite to play a game may cause you to be redirected to a third-party website. ember holds no liability for any privacy breach or other harm that you may experience on such third party websites. You have the right to not participate or engage in any activities on third party websites. However, playing games or engaging in any activity on the third party websites constitutes as your explicit consent and assumption of any risks or harm associated with the use of the third party websites.

• Data Verification. By using emberspot.com, you agree to us checking the information you have submitted in your application of membership of this site. You grant us such a use under the data protection laws of your country. You agree to not hold ember liable if you encounter non-Seventh-day Adventists on our site. We currently do not verify the church membership of any user of this site. We reserve the right to invite to join only those individuals we feel in our opinion are able to fulfill the above requirements but this represents no guarantee on our part of the membership of the individual or any endorsement of their character. In the wonderful event of you becoming married or no longer single, whether through this service or not, you agree to inform us of your changed status and deactivate your account. 

• 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 ember. In addition, you agree to review and follow the recommendations set forth in ember's Safety tips, which are located on the Safety page. 


• No Guarantees. ember may not be able to provide matches for everyone seeking to use its services. Further, ember makes no guarantees as to the number or frequency of matches, or to such matches' ability, desire or criteria to communicate with any user. You understand that ember makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through ember or as to the conduct of such individuals.


• Reporting of Violations. You will promptly report to ember any violation of the Agreement by others, including but not limited to, Registered Users (also known as “users,” “ember users,” and/or “ember members”. 


• Content Removal. ember 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. ember 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. ember further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.


• Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:


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

2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;

3. is defamatory, inaccurate, abusive, obscene, pornographic, profane, offensive, sexually oriented, obscene or otherwise objectionable;

4. contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

5. 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);

6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

7. intended to defraud, swindle or deceive other users of the Services;

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

9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

10. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;

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

13. solicits gambling or engages in any gambling or similar activity;

14. uses scripts, bots or other automated technology to access the Site or Services;

15. uses the Site or Services for chain letter, junk mail or spam e-mails;

16. collects or solicits personal information about anyone under 18; or

17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
18. In addition to the above, postings on the Content Services will follow the Privacy Policy and Online Safety protocols, in addition to the terms of this Agreement.

3. Proprietary Rights

• Ownership of Proprietary Information. You hereby acknowledge and agree that ember is the owner of highly valuable proprietary information, including without limitation, the matching system, the profiles, and relationship questionnaires, the personality questions (collectively, "Confidential Information"). ember owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.


• 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.


• 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 ember or third party proprietary information available via the Services or the Site.


• License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your ember account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to ember 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 Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your 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 programs.

• Copyright. This website, home page, Web pages and all publications in the site are copyrighted by ember.

All right, title, and interest in and to the content displayed on the website, including but not limited to the website’s look and feel, data, information, documents, text, logos, services, software, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, belong to and are the exclusive property of ember, or its respective partners, agents or third parties, and may not be copied, displayed, distributed, downloaded, linked, modified, posted, reproduced, republished, or transmitted in any form or by any means without the prior written consent of ember.

ember grants you a nonexclusive, non-transferable, revocable and limited license to use its website for your personal, informational, noncommercial purposes only. All other rights are reserved by ember. The ember website may not be downloaded or reproduced in any form or format for distribution or sale for commercial purposes.

In addition, ember may take any appropriate action, including without limitation issuing warnings, suspension or termination of the privileges of anyone who uses this website to unlawfully transmit copyrighted material without a license, the express consent of the copyright owner, or other valid defense, for any infringement or repeated infringements. If you submit any information to this website, you warrant that this information does not infringe upon the copyright or other rights of any third party.

4. User Information

• Privacy Policy. For information about the collection and possible use of information and material provided by you, please go to ember's Privacy Policy located on the Site. By using the Site or the Services, you are consenting to the terms of ember's Privacy Policy.


• No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in the "About Me" section of your Profile page or in any other communications you may have with other users. 

• Disclosure By Law. You acknowledge and agree that ember may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend ember's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.


• Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, ember reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, ember suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that ember, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that ember is permitted to make such disclosure.


• Use of Anonymous Information for Research. By using the Services, you agree to allow ember to anonymously use the information from you and your experiences through the Services to continue ember's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.


5. Links to Third Party Websites / Advertisers and Sponsors

The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of ember, and ember is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. ember provides these links to you only as a convenience, and the inclusion of any link does not imply that ember endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that ember will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to ember with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about how we use your information.

6. Disclaimer of Warranty

• No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EMBER 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 OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EMBER 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. EMBER DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.


• Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ember, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. EMBER 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 EMBER. UNDER NO CIRCUMSTANCES WILL EMBER 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.


• Beta Features. From time to time, ember 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 ember's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.


7. Limitation of Liability

• Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMBER 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 EMBER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EMBER'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID EMBER FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.


• No Liability for non-ember Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EMBER 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.


• Information Verification. ember 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 ember and its contractors will have no liability to you arising from any incorrectly verified information.


8. Indemnification

You agree to indemnify, defend and hold harmless ember, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or 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. ember 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 ember in asserting any available defenses.

9. Complaints / Law Enforcement Contact

To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQs), or e-mail us at contact@emberspot.com. All other communication or inquiries sent to this facsimile number will be discarded.

10. 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 telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

11. Term and Termination

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or ember may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. ember reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to ember by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may deactivate or delete your account by following the steps in the applicable section on the Settings page. Following the termination of any registered user, ember reserves the right to send a notice thereof to other registered users with whom the registered user has corresponded.

12. Cancellations

• Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the Settings page, clicking on "Deactivate Account", "Permanently delete account", “Account Details →  Do not renew subscription”, etc., and providing the information requested. In no case will ember give you a refund, even if you have remaining time under your subscription plan. In the case of “Do not renew subscription,” your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.

13. RENEWALS

In order to provide continuous service, ember automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We communicate renewal periods to you in the subscription plan page. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation At Any Time With No Refund" above. ember will not give you a refund for early cancellation, deactivation, or permanent deletion of your account.

14. Arbitration

• Arbitration of Disputes. You and ember agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of ember (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of ember’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which ember may elect to have resolved by means other than arbitration. Notwithstanding the above, ember is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND EMBER AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.


• No Class Actions. YOU AND EMBER ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHE PARTY. Further, neither you nor ember agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s). 


• Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with ember, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. 


• Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction. 


• Limitation of Time Period to Commence a Dispute.  Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute. 


15. General Provisions

• Right to Seek Injunction. Violation of this Agreement may cause ember irreparable harm, and therefore agree that ember 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 ember may have for a breach of this Agreement.


• Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and ember regarding the use of this Service, superseding any prior agreements between you and ember related to your use of this Site or 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 ember 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. The section titles in this Agreement are for convenience only and have no legal or contractual effect.


16. 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 on this Site, please notify ember's copyright agent, 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 Site;

4. Information reasonably sufficient to permit ember 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 the following DMCA Agent:

via email at contact@ember.com

17. ember Community Standards

Be kind and respectful.  Personal attacks or hate speech will not be tolerated.  When giving advice to other Members, please remember that honesty and kindness are NOT mutually exclusive. 

Be welcoming, especially to newer members.  It’s tough being the new kid on the block, so please be especially kind and welcoming to newcomers.   Anyone being rude to newbies will be moderated.

Stay On Topic.  Be sure to post your topics in the appropriate forum, and keep in mind that any off-topic banter which is disruptive to a thread’s discourse may be removed.

Keep it clean.  Profane or obscene language or photos, or attempts to bypass our moderation filters will result in your entire post being removed.   Be sure to read our photo guidelines before posting any images on our site.

Report, don’t reply.  If you believe you have been personally attacked, report it to us and let our team handle it.  Replying in kind only escalates the situation — so don’t do it, or you too may incur moderation activity against you.  Here’s information about how to report a post on our boards.

No posts containing or encouraging spam, advertising, fraudulent/ illegal activity or personally identifiable information (email address, etc.).   This includes potentially libelous or defamatory postings, material posted in potential breach of copyright, or any post encouraging violation of the ember Advice ember Community Standards or ember Terms of Use.  Any such postings will be removed.

No posting complaints about moderation.  Posts complaining about moderation activity taken against you are not allowed on our boards, will be removed and may incur additional moderation activity against you. If you feel there is a relevant global issue about moderation that should be discussed as an ember Community, you are encouraged to contact ember.

Respect the ember staff and our Member-Moderators.  While we appreciate legitimate feedback about our service and website, any post containing derogatory comments about ember staff or members of our Member-Moderator team is considered a personal attack will be removed.

Do your best to communicate as clearly as possible.   Text isn’t always a great medium for conversation: tone of voice – sarcasm, humor, etc. do not always come across when using words on a screen.  Be aware that you may be misunderstood, so try to be very clear about what you are saying.  Also, don’t type in all CAPS, as your readers may consider this shouting. Divide your posts into paragraphs for easy reading, and go easy on the abbreviations, (ROTFL, YT? OMG) as this may limit your effectiveness communicating with some ember users (also known as “ember members”).

One account per person.  While we will make rare exceptions for Members who need to share something they consider too private for their regular username, if any Member is found to be posting under two accounts for the purposes of harassing, deceiving or otherwise injuring the ember Community, both accounts will be revoked.  Also, any banned Member who returns under a new account will also have the new account revoked.

Please note that ALL content posted on our boards, sent via private message, included in or on your own or posted as a comment on another Member’s profile, or otherwise sent via the ember Discussion page are subject to the ember Community Standards, as well as the emberspot.com Terms of Use.

ember Community Members who seriously, persistently or willfully ignore the ember Community Standards and/or Terms of Use will have their posting privileges on ember Advice revoked and may permanently banned from ember.   This is not an action that we take lightly or arbitrarily. However, our mission is to create and maintain a positive experience for our ember Community Members, and we reserve the right to make decisions, which we feel support that. Prior to any banning, when possible the participant will be warned and given a chance to adhere to our ember Community Standards.  However, depending on the circumstances and the severity of the offense, we reserve the right to ban a user without prior notification. If a banned Member returns and attempts to continue to use the site, we reserve the right to close any further accounts the banned Member creates.

Our goal is to create and maintain a pleasant and welcoming environment for everyone.   To that end, we reserve the right to remove any post, thread or ember member whom we deem to be in violation of the ember Community Standards or of detriment to the spirit of our ember Community.

Thank you in advance for your cooperation in following our ember Community Standards – by doing so you help make the ember Advice ember Community a great place to be!

Republishing Your Words 

One of the best ways to encourage more participation in these discussion boards is by sharing your very best quotes with a wider audience. Therefore we may take various quotes from our boards and use them in emails, advertising, and promotional efforts. If we do so, we’ll only use your screen name and we promise to use great care in the quotes we choose. We will never use a quote from you that is embarrassing, endangering or inflammatory.

18. Technical issues  / Feedback

• To report a technical issue or provide feedback, click on the “Contact Us” link at the bottom of every page, or email us at contact@emberspot.com.

• No False Information. You will not provide inaccurate, misleading or false information to ember or to any other user. If information provided to ember or another user subsequently becomes inaccurate, misleading or false, you will promptly notify ember of such change.


• No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or 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, you acknowledge that you will have caused substantial harm to ember, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ember $50 for each such unsolicited communication you send through the Services.


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


• Selection of Profiles. From time to time, your profile may be selected to introduce you to specific compatible matches, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to meet such specific match. You will be under no obligation to accept such complimentary subscription or to meet with or communicate with the match(es) we may introduce to you.


• No Harassment of ember Employees or Agents. You will not harass, annoy, intimidate or threaten any ember employees or agents engaged in providing any portion of the Services to you.


• Social Media. We may provide you the option to connect your ember account to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, some of your matches may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your ember account to your account on any social networking site, you hereby consent to the continuous release of information about you to ember. We will not send any of your ember account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your ember Settings page or contacting us. Each social network may further allow you to set privacy controls around your information on their system, and ember’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.

19. Revision Date

This Agreement was last revised on January 28, 2022.