Terms of Service
1. Acceptance of Terms of Service Agreement
If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the Service. We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service, and you should regularly check for the most recent version. The most recent version is the version that applies.
If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on our website and use the Service. By creating an account and using the Service, you represent and warrant that:
– you can form a binding contract with us,
– you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction-meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
– you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
– you have never been convicted of a felony or indictable offence (or a crime of similar severity and rules) and that you are not required to register as a sex offender with any state, provincial, federal or local sex offender registry.
3. Your Account
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for our website, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
4. Modifying the Service and Termination
We are always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Help” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) and any purchases you made through PayPal via PayPal to avoid additional billing. We may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and us: Section 4, Section 5, and Sections 12 through 20.
5. Safety; Your Interactions with Other Users
Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
You are solely responsible for your interactions with other users. You understand that we do not conduct criminal background checks on its users or otherwise inquire into the background of its users. We make no representations or warranties as to the conduct of users. We reserve the right to conduct – and you agree we may conduct – any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.
6. Rights We Grant You
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by us and permitted by this Agreement. Therefore, you agree not to:
– use the Service or any content contained in the Service for any commercial purposes without our written consent.
– copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without our prior written consent.
– express or imply that any statements you make are endorsed by us.
– use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
– use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
– upload viruses or other malicious code or otherwise compromise the security of the Service.
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
– “frame” or “mirror” any part of the Service without our prior written authorization.
– use meta tags or code or other devices containing any reference to our or the Service (or any trademark, trade name, service mark, logo or slogan of us) to direct any person to any other website for any purpose.
– modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
– use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
– use, access, or publish the our application programming interface without our written consent.
– probe, scan or test the vulnerability of our Service or any system or network.
– encourage or promote any activity that violates this Agreement.
We may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant Us
By creating an account, you grant to us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”).
Our license to your Content shall be non-exclusive, except that our license shall be exclusive with respect to derivative works created through use of the Service. For example, we would have an exclusive license to screenshots of the Service that include your Content. In addition, so that we can prevent the use of your Content outside of the Service, you authorize us to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties.
This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other our users).
You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to us above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. Nothing in this paragraph, however, creates an obligation for us to review, monitor or delete any Content.
In consideration for us allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to us regarding our Service, you agree that we may use and share such feedback for any purpose without compensating you.
You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules
By using the Service, you agree that you will not:
– use the Service for any purpose that is illegal or prohibited by this Agreement.
– use the Service for any harmful or nefarious purpose.
– use the Service in order to damage us.
– spam, solicit money from or defraud any users.
– impersonate any person or entity or post any images of another person without his or her permission.
– bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
– post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
– post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
– post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
– solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
– use another user’s account.
– create another account if we have already terminated your account, unless you have our permission.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
We reserve the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that We regard as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content
Although we reserve the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and we cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service. We disclaim all responsibility for Content posted by you, other users or other third parties, even if made available by us through the Service, as set out in Section 12 below.
10. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– a description of the copyrighted work that you claim has been infringed;
– a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
– your contact information, including address, telephone number and email address;
– a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to us.
We provide the service on an “as is” and “as available” basis, and to the extent permitted by applicable law, expressly disclaims all warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. We do not represent or warrant that (a) the service will be uninterrupted, secure or error free, (b) any defects or errors in the service will be corrected, or (c) that any content or information you obtain on or through the service will be accurate.
We take no responsibility for any content that you or another user or third party posts, sends or receives through the service. any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk.
12. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. We are not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
13. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall we, its affiliates, and their respective employees, licensors or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the service, (ii) the conduct or content of other users or third parties on, through, or following use of the service; or (iii) unauthorized access, use or alteration of your content, even if we have been advised of the possibility of such damages. in no event will our aggregate liability to you for all claims relating to the service exceed the amount paid, if any, by you to us for the service while you have an account.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you. in such jurisdictions, the liability of us, its affilates, and their respective employees, licensors or service providers will be limited to the fullest extent permitted by applicable law.
14. Arbitration, Class-Action Waiver, and Jury Waiver
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
– The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
– By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
– Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
– This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
– The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. We do not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area
15. Governing Law
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with us that for whatever reason are not submitted to arbitration, will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A.. You and us consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
17. Indemnity by You
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless us, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
18. Entire Agreement; Other
19. Choice of Language
The parties have requested and agree that this Agreement and all documents and notices relating thereto be drawn up in English. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.