NerveNote that Nerve provides free memberships, paid (“Premium”) memberships, and a separate dating service (run by FastCupid). The following Terms of Service apply to Nerve memberships. Changes were made to the previous version in January 2006, focusing the Terms of Service on Nerve memberships.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the "join" button, you agree to be bound by these Terms of Service and to use Nerve in a manner consistent with all applicable laws and regulations. By joining Nerve, you are agreeing to both the following Terms of Service and that of FastCupid if you subsequently use our personals dating application. Users of Nerve Personals can view the relevant Nerve Personals Terms of Service here.
2. Registration Information/Privacy
Nerve may disclose to third parties certain aggregate information contained in your registration application. We will not disclose your name, address, email address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Click here to read the Nerve Privacy Vow.
3. Modifications to these Terms of Service
Nerve may modify these Terms of Service from time to time in its sole discretion. Notification of these changes will appear on the Nerve website; your continued use of Nerve memberships will signify your acceptance of any changes.
4. Modifications to Nerve
Nerve may, at our discretion, add or delete features and services.
5. Content by Nerve Members
You alone are responsible for any content you post on Nerve, including but not limited to feedback boards, personal ads, blogs and member profiles — and the consequences of any such content. You agree not to use Nerve or its partner sites to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of Nerve or any of its partner sites.
In the case where you join Nerve Personals, do not post any contact information in your personal ad, including, but not limited to, email addresses, phone numbers, URLs, ICQ numbers or any kind of instant messaging identification. Any such contact information may be removed by FastCupid Nerve is not responsible for any interactions that occur between members after such contact information has been privately exchanged.
For further information regarding Personals postings, please see the Nerve Personals Terms of Service here.
6. Copyrighted Material
Nerve respects the intellectual property of others and we ask that our users do the same. All material in Nerve and its partner sites, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S. and international copyright laws, both as individual works and as a collection. The downloading or use of copyrighted material provided by Nerve or a third-party content provider is allowed by members for personal use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise. Any material protected by copyright may not be posted on Nerve without the express permission of the author or owner of the copyright on that material.
If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please provide the Nerve copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
2. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
3. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL — or URLs in the case of multiple works — must be provided.
4. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
5. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Nerve actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Designated Agent for Notice of claims of copyright infringement of Nerve is:
Gwynne Watkins
c/o Nerve
520 Broadway, Ninth Floor
New York, NY 10012
email: gwynne at nerve dot com
fax: 212.625.8929
phone: 212.625.9914
The Designated Agent will accept reports alleging copyright infringement by persons using Nerve. Please send any allegations to the above address.
7 Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify Nerve of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.
For Nerve membership cancellations, please fill out a ticket in the Nerve Help Wizard. A customer service representative will respond to your request within 3 business days. If relevant to Nerve Premium Subscriptions, disputed Nerve membership charges may be reported to Nerve within 40 days using the Nerve Help Wizard.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF NERVE IS AT YOUR SOLE RISK. NERVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NERVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
NERVE MAKES NO WARRANTY THAT NERVE WILL MEET YOUR REQUIREMENTS, OR THAT NERVE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES NERVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NERVE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH NERVE. NERVE IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NERVE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NERVE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH NERVE OR ANY TRANSACTIONS ENTERED INTO THROUGH NERVE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH NERVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NERVE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE NERVE, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH NERVE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF NERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Member Content Storage
Nerve assumes no responsibility for the deletion of or failure to store your content.
10. Indemnification
You agree to indemnify Nerve, its parents, subsidiaries, affiliates, partner sites, officers and employees against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Nerve, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
11. Termination of Membership
Nerve reserves the right to refuse membership to anyone. Nerve may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates this agreement or other policies or guidelines set out by Nerve elsewhere on Nerve (including, but not limited to Member Etiquette, which can be viewed by clicking here), or for online conduct that Nerve believes is harmful to other members, the business of Nerve, or other third-party information providers.
While we can't regulate what happens between members once they decide to meet offline, we do take all complaints regarding offline behavior very seriously. If we feel that your continued use of the Nerve could lead to offline behavior that is harmful to other members or the business of Nerve, we will suspend your account with no refund. Depending on the severity and/or number of complaints, we may or may not send you warning emails before suspending your account.
12. Legal Venue
This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
13. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
