Terms Of Service
Effective Date: August 2, 2017
Miss Doctor reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of these practices or otherwise violated these Terms. Such action may include cancelling your account, terminating your permission to use the App, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by Miss Doctor.
- The App is intended for black women who are practicing doctors, doctors-in-training (e.g. in residency), with any professional or other doctorate degree, as well as student doctors. The term “doctors” denotes individuals who have or are pursing professional or other doctorate degree, it does not refer only to medical doctors/physicians. The App is also intended for men with minimum Bachelors’ degree; men without Bachelors’ degree may be considered on a case by case basis, taking into account profession, income, other factors and vetting standards at our discretion.
- It is not intended for children under 18 years of age, and you may not use the App or create a user profile if you are under 18. You hereby represent and warrant that you are at least 18 years of age. However, the minimum age for use of the App is age of 21, which is enforced during registration.
- By registering to use our service, you also represent and warrant that you are not a registered sex offender, do not have history of felony conviction or domestic violence charges. We make effort to screen male users on the national sex offender public registry, however we do not conduct criminal background check on our members. We reserve the right to screen for criminal background utilizing commercial service such as Intelius and publicly available records at any time as deemed necessary.
- App Description. The App offers a dating service for single black female doctors, doctors-in-training and student doctors of various types, including physicians/medical doctors, other professional healthcare providers such as pharmacists, dentists, psychologists, veterinarians. It also includes juris doctor/lawyers and women who have or are pursuing PhD or other doctoral level degree. The App incorporates a proprietary algorithm and other technology that enables Members to: (a) locate potential matches based on their personal history, background, and preferences; (b) indicate interest, contact and interact with other Members who fit their criteria/preferences; (c) view information contained in other Members’ profiles; and (d) send and receive notifications and messages to and from other Members, together with any future modifications and enhancements that may be provided by us. Miss Doctor reserves the right to modify or change the App, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt, or terminate access to the App or any portion thereof, for any reason at any time, without notice.
- End User License Agreement (EULA). Miss Doctor hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the App in accordance with these Terms. Your License shall commence on the date you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the App in breach of these Terms. Miss Doctor retains all right, title and interest in and to the App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The App is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Miss Doctor. Engaging in any of the following activities will violate the terms of the license and may result in termination.
- Copying, modifying, or creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of the App;
- Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the App;
- Interfering with or disrupting the App, or servers and networks connected to the App, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the App;
- Modifying the App in any manner or form, or use modified versions thereof;
- Reproducing, printing, caching, storing or distributing any information or content belonging to Miss Doctor without our prior written permission;
- Selling, assigning, sublicensing, or otherwise transferring any right in the App;
- Collecting or storing personal data about other Miss Doctor Members; or
- Using the App to violate any law (whether local, state, national, or international).
- Who can Join: If you are female, you must be an African American physician (M.D. or D.O.), physician-in-training (residents and/or medical student), other healthcare professional, have or pursuing PhD or other doctoral level degree, as listed in our membership criteria. Prospective male Members must be educated professionals as described in our membership criteria.
- Account Approval: Your account must be approved by Miss Doctor before you can start using the App. To be approved, female Members must provide us with a copy of a current work or school ID, valid professional license, diploma, or other proof of their professional credentials together with a photo ID, and male Members must provide us with a valid photo ID. During approval process, Miss Doctor will review the information you provided, including your educational background and professional credentials, in order to confirm your qualifications, reduce fake profiles, weed out scam artists, and to help ensure the safety of our Members.
- Process: After submitting all requested information, it will be carefully reviewed by Miss Doctor personnel, together with information contained in your social media accounts. We will also verify that your ID matches up with your professional credentials, check to ensure that you are not listed on any online registered sex offender registry, and reserve the right to research any other public records to ensure that you do not pose a risk to other Members.
- Account Approval/Denial: The approval process can take up to two weeks, during which time we may contact you via email to request clarification or additional information and/or documents. We will notify you via email as soon as the process is complete. If the information you provided us is accurate and there is no record of any behavior that may pose a risk to other Members, your account should be approved; however, we reserve the right to deny account activation for any reason whatsoever, as determined in our sole discretion. If your account is not approved based on information that you believe to be false or inaccurate, you may provide us additional information that supports your contention.
- Membership Fee and In-App Purchases. The initial membership fee and any in-App “Like” purchases are non-refundable once purchased after your account is approved, regardless of if you remain an active member or you use any purchased Likes. Please be certain that you wish to utilize the dating app service before you make your membership and in-App ‘Like” purchases.
- Your Agreements: All information you include in your profile and provide to us during the account approval process must be complete and accurate in all respects. Once your account is activated, you agree that we may display the information included in your Miss Doctor profile, including your name, race/ethnicity, education, occupation, photos, and other information, to other Members in accordance with your account preferences. We do not display your income information, it is only used on the backend for our matching algorithm. You further grant us a worldwide, irrevocable license to copy, distribute, and display any comments, images, and other content you post on our member forum/blog without any obligation to compensate you or any other third party in any way. The license that you are granting Miss Doctor is royalty-free, perpetual, irrevocable and fully sub-licensable.
- Code of Conduct. You agree to abide by the following Code of Conduct at all times in connection with your use of the App.
- You may not use the App to transmit messages or post any images or written content that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way, as determined by us in our sole discretion;
- You must treat all other Members with respect, and never harm, threaten, or otherwise harass any other User, even in jest;
- You may not use the App to display any unsolicited or unauthorized advertising or promotional materials, including (but not limited to) links to third party websites;
- You may not disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- You may not use the App in a manner that violates the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission;
- You may not create or attempt to create multiple accounts, or create an account using the credentials of a third party.
- Copyright: We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Miss Doctor, Inc.
Attention: Copyright Agent
P.O. Box 56282
Washington, DC 20040
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
- Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our App. Our account approval process is strictly limited to the activities described in Section 3(b). We do not conduct a criminal background check, and offer no guarantee whatsoever that a User has not or will not engage in any of the prohibited activities described in our Code of Conduct. We are not responsible for our User’s behavior, and any interactions with other Members is solely at your own risk. In no event shall Miss Doctor be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the App; including without limitation to losses incurred due to: (a) any physical or non-physical injury or death caused by or related to another User; (b) software glitches, server failures, power outages, or any other issue affecting the App, regardless of whether the issue is within or beyond our control; (c) any delays in or failure of the App to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.
- Indemnification: You agree to defend, indemnify and hold Miss Doctor, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App; (ii) any threats, damages, injuries, or death experienced by another User or anyone related thereto caused by or related to you; (iii) your violation of any term of these Terms; (iv) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your use of the App caused damage to another User or third party. This defense and indemnification obligation will survive these Terms and your use of the App.
- No Warranty: Miss Doctor makes no representation or warranty that: (a) you will locate any matches, or receive any likes or responses to likes; (b) other Members will behave lawfully and appropriately in accordance with our Code of Conduct; (c) the App will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (d) servers that house the System are free of viruses or other malicious code; and (d) your use of the App is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. MISS DOCTOR PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE APP, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
- Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the App. Therefore, you agree that, by using the App, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other Members, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the App. Any such dispute shall be determined by arbitration in Washington, DC before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- Choice of Law; Forum: You agree that the App shall be deemed based in the District of Columbia, and is housed on a passive server that does not give rise to personal jurisdiction over Miss Doctor, either specific or general, in any jurisdiction other than the District of Columbia. This document shall be governed in all respects by the laws of the United States and the District of Columbia. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Washington, DC. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Washington, DC for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
- Limitation of Actions. Any claim or cause of action arising out of your use of the website or App must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Miss Doctor to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
- Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the App and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the App after the posting of changes constitutes your binding acceptance of such changes.
- For Certain Device Members: The App may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the App, the following additional terms apply:
- These Terms are between you and Miss Doctor only, and not with the Platform Provider. The Platform Provider is not responsible for the App or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of Miss Doctor.
- In unlikely event of any failure of the App to operate in accordance with any applicable warranty, you may notify the Platform Provider and it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.
- The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the App, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Miss Doctor is solely responsible for addressing any such claims.
- In the event of any third-party claim that the App or your possession or use thereof infringes that third party’s intellectual property rights, Miss Doctor, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
After your account is approved and activated, you may view other User profiles, purchase and submit likes, and otherwise use the App. You may adjust how you use Miss Doctor by adjusting your account preferences and App settings.
If you have any questions or concerns with respect to these Terms, please contact us using the account settings in the App, via our website, or send an email to firstname.lastname@example.org.
Miss Doctor, Inc.
P.O. Box 56282
Washington, DC 20040
Effective Date: August 2, 2017
- Information We Collect.The information we collect falls within the following basic categories.
- Personally Identifiable Information (PII): PII is information that personally identifies one individual from another and may be used to contact you. You voluntarily provide this information to us when you create an account and request approval to use the App. Some of the PII we ask for is voluntary, but most of the PII we request is required to approve your use of the App, and to enable the App to operate properly. To start the registration process, you must either log in using your Facebook account alone or in combination with your LinkedIn account, which is desired. In the absence of either social media account, you may login with an email address and create a password. You must also provide us with your full name (to interact with you on a personal level), phone number (to confirm identity, prevent the creation of multiple accounts and send you push notifications), and email address (to communicate with you for various purposes, contact you with account and non-account related information). The other types of PII we require, and the reasons we require it, are set forth below.
- Required PII for Account Approval: As set forth in our Terms of Service, all accounts must be approved by Miss Doctor before they can be activated for use. In order to approve your account, you must provide us with the following elements of PII: (A) Men – photo ID; and (B) Women – depending upon whether you are a student or a working professional, you must provide your school or work ID, professional license, diploma, or other proof of your professional credentials (professional or other doctorate degree). We require this information to confirm your identity and that you meet the membership criteria for using the App.
- Required for Proper App Functionality: We require you to provide certain elements of PII, gender, date of birth, race/ethnicity, city and state of residence, hometown, religion, education, profession, income level, and similar elements in order to allow our matching algorithm to locate potential matches for you that fit your personal preferences and preset criteria. We also require you to submit a minimum of five (5) photos for inclusion in your profile.
- Social Media Account Information: If you choose to link your social networking accounts to your profile, you are granting us permission to access and use certain information about you as permitted by the social network. For example, if you link your Facebook account, it may provide us with access to whatever information you choose to include in your public profile, such as friends’ names, your name, pictures, gender, interests, connections, and any other shared content. We use this information on the backend for vetting purposes and our matching algorithm. The content of your Facebook profile will not be revealed to other Miss Doctor Members, except mutual friends that you may have in common as well as any picture(s) you upload from your Facebook profile.
- General Information: General Information consists of information that is anonymous in nature and does not identify you as an individual. This includes but is not limited to your computer IP address and/or unique device identifier, browser type, ISP or carrier name.
- Usage Information: We also collect information that gives us insights on the manner in which Members utilize the App, such as application version, device manufacturer and OS version, timestamp, language used, frequency and duration of use, activity level, and other statistical information. We use this information to ensure that the App continues to appeal to our Members, and for a number of other purposes, including auditing, research, and analysis in order to maintain, protect and improve the App service; ensuring the technical functioning of the App; and developing new features and services.
- Location Tracking: The App automatically detects your current location using various technologies, including IP address and other sensors that may, for example, provide us with information on nearby devices, wi-fi access points and cell towers. You can manage your location preferences and opt out of location tracking via App, or by disabling the GPS services for the App on your mobile device. However, the App will not function properly without location tracking.
- How We Share information. We will not share PII with third parties for their own marketing purposes without your consent. We will share PII with third parties in the following ways:
- If requested or required by law enforcement authorities, courts, or regulators, we may disclose any information we have about our Members. We also may disclose your PII to exercise or protect our legal rights or those of our Members, and/or defend against legal claims.
- We contract with other companies and individuals to perform functions or services on our behalf. We necessarily have to share your PII with such third parties as may be required to perform their functions. As of the effective date of this Policy, we share PII with the following third parties: (i) Mailchimp for email services; (ii) Twilio to manage phone verifications; and (iii) Amazon AWS EC2 for hosting.
- We may share your PII with third parties during the course of approving your account. For example, we will search whether your name is listed in any sex offender registry.
- The very nature of the App will result in the sharing of your PII with other Members. Much of this type of sharing is entirely within your control, and you may adjust what types of PII other Members may access via your account settings.
- We may transfer customer information, including PII, in connection with certain business transactions we may engage in, such as a sale of our business or certain assets. In the event that we go out of business or enter into bankruptcy, customer information (including PII), may be transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any assets may continue to be used according to your PII as set forth in this policy.
- We may reserve and have the right to disclose any information about you or your use of our site without your prior permission, if we in good faith believe that such action is necessary to: (i) protect and defend the rights, property or safety of our company or its affiliates, other Members or the public at large; or (ii) to enforce our Terms of Service.
- How We Protect Information. We take the security of your personal information seriously and use appropriate technical measures, including SSL data encryption, to protect your personal information against unauthorized or unlawful processing and against accidental loss, destruction or damage. We also limit access to PII to employees who reasonably need access to it to provide products or services to you, or in order to do their jobs. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we may have collected from or about you. We are not liable for any unintentional disclosure. If you share your mobile device, remember to close or logout of the App before passing it to another user.
- How Long We Keep Information. We retain PII for as long as your account remains active, regardless of whether you actually use the App. Unless you cancel your account and delete your information, we reserve the right to keep it as long as we see fit.
- Tracking Technology and Do-Not-Track Requests. We may use certain applications that enable us to track your activities while using the App and on our website over time. We currently offer no response to Do-Not-Track requests transmitted by Web browsers.
- Your Options. You have the following options with respect to how we use your PII: (i) You may cease receiving non-account related emails from us by clicking the Unsubscribe link included with every email; (ii) You may cease receiving push notifications by adjusting your account settings; (iii) You may change or delete elements of PII that are included in your personal profile; and (iv) You may cancel your account and delete your account information.
- Children under 18. Our App is not intended for anyone under the age of 18, and we do not knowingly collect any personal information from anyone under 18. Our minimum age for use of the App is actually age of 21, which we enforce during the registration process. If we become aware that a person submitting information is under 18, we will attempt to delete their account and information as soon as possible. According to our Terms of Service, all Members represent that they are at least 13.
Miss Doctor, Inc.
P.O. Box 56282
Washington, DC 20040