Registration for the Application The Application enable users to create a profile and communicate with others that are located nearby. In order to access and use the Application, you must set up a user account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your contact information, and any other information requested by Company related to the Application. You will set your own password for accessing the Service and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Company of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Application only with involvement of your parent or guardian. If you are under thirteen (13) years of age, you may not use the Application. By setting up Your Account and using the Application, you expressly agree that you will receive communications from Company, including email messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Company in any such communication. Your Use of the Application You may use the Application only for legal and appropriate uses. Company reserves the right to make changes to the Application at any time and without notice. Your access to and use of the Application is completely at the discretion of Company, and your access to and use of the Application may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules: • You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws. • You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content. • You may not intimidate, harass, stalk, defame or intentionally offend other users of the Application or any other person or entity. • You may not post any content via the Application that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence. • You may not use the Application to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable. • You may not use the Application if you are a convicted sex offender.
• You may not use the Application for commercial purposes or use the Application to distribute unauthorized commercial communications. • You may not interfere or attempt to interfere with the Application or another person’s use of the Application by use of any program, script, command, device, software, routine, or otherwise. • You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity. Your Interactions with Other Users The Application enable you to interact with other users of the Application. You are solely responsible for your interactions with other users, whether online or offline. You acknowledge that Company does not conduct criminal background checks regarding users of the Service or otherwise inquire into the background of its users in order to verify the information that they provide in registering to use the Application. Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You shall be responsible for exercising your best judgment in determining who to interact with, who to meet and who to share personal information with. It is your responsibility to take reasonable precautions in all interactions with other users of the Application, particularly if you decide to meet in person. In no event shall Company be responsible or liable for the conduct of any user or for any claims resulting from your interactions with other users.
License and User Content Company grants you a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal, non-commercial purposes. This license is contingent upon your compliance with these Terms. Any unauthorized use of the Application shall automatically terminate the license granted to you by Company for such use. You shall be solely responsible for your actions and the contents of your transmissions via the Application. Although Company does not claim ownership of any of the photographs, videos, information, materials and other content that you post via the Application (collectively, “Your Content”), by posting Your Content via the Application, you automatically grant Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce and distribute Your Content in connection with the Application.
Ownership You acknowledge and agree that the Application, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Application shall at all times remain the sole property of Company. You will not acquire any right, title or interest in or to the Application by reason of these Terms, except for the non-exclusive license to use the Application in accordance with these Terms.
Indemnification You agree to indemnify, defend and hold harmless Company, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by you; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; and (c) your interactions or communications with any other user of the Application. Company will have sole control of the defense of any such damage or claim.
Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APPLICATION HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APPLICATION OR INABILITY TO GAIN ACCESS TO OR USE THE APPLICATION OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE APPLICATION IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE APPLICATION IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE APPLICATION FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Application, represent the entire understanding between you and Company regarding your relationship with Company and your use of the Application. These Terms supersede all previous written or oral agreements between you and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.