TERMS OF USE

Welcome to Kyank, operated by Kyank Technologies, Inc. (“Company,” “Kyank,” “we,” “our,” or “us”). These Terms of Service (“Terms”), together with our Privacy Policy, constitute a written contract (“Agreement”) between you (“you” or “your”) and Sheytoon governing your use of our website, mobile application, and/or any website or software where these Terms appear or are linked (collectively, the “Service”).

By accessing the Service, you agree to be bound by these Terms, whether or not you create an account. If you wish to create an account and make use of the Service, please read these Terms.

You should also read our Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not use the Service.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND SHEYTOON.

We may update these Terms from time to time, so check this page regularly for updates.

ACCEPTANCE OF TERMS

These Terms are a contract between you and Sheytoon that establish the legally binding terms you must accept to use the Service. This Agreement includes our Privacy Policy and any other terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.

By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at [email protected].

DISPUTE RESOLUTION

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE SERVICE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of California govern this Agreement. The arbitrator will apply California law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Los Angeles, California. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

ELIGIBILITY

No part of the Service is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that:

You are currently eighteen (18) years of age or older;
You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;
You have never been convicted of or pled no contest a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal, or local government sex offender registry;
You do not have more than one account on our Service; and
You have not previously been removed from our Service by us unless you have our express written permission to create a new account.

Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

If at any time you cease to meet these requirements, you must immediately cease use of the Service and delete your account, and we retain the right to remove your access to our Service.

ACCOUNT REGISTRATION

In order to use the Service, you must sign in using your Facebook login or other methods introduced in the future. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other users of the Service. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You represent and warrant that all information you provide in connection with your account and your use of the Service is current, complete, and accurate, and that you will update the information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your account, or misleading other users as to your affiliation with any person or entity. We reserve the right, at any time and in our sole discretion to: (a) refuse to grant you access to the Service, (2) remove your profile from the Service, (c) terminate your account, or (d) suspend or terminate your right to use the Service.

PERSONAL USE ONLY

You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to your account or your username. You will not share or otherwise transfer your account credentials. Your account and Service are for your personal use only and may not be used in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Sheytoon’s express consent (such as for promoted profiles or other advertisements), which Sheytoon may provide or deny in its sole discretion. Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.

ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify Company of any disclosure or unauthorized use of your username or password or any other breach of security at [email protected]. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Company is free of viruses or other harmful components. Company is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

SAFETY; YOUR INTERACTIONS WITH OTHER USERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ANY USERS. COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. COMPANY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO CONDUCT CRIMINAL BACKGROUND OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING ANY AVAILABLE PUBLIC RECORDS.

Company is not responsible for the conduct of any user. You understand, acknowledge, and assume all responsibility for your communications and interactions initiated through the Service. As with any internet-based service that allows you to communicate with persons previously unknown to you, you should use caution in disclosing your personal information. For example, You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

In no event shall Company, its affiliates or its officers, directors, employees or agents be liable (directly or indirectly) for any losses or 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, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons you meet through the Service. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO SEND MONEY TO ANOTHER USER. In addition, you agree to review and follow Company’s Safety Tips, located at the bottom of this Agreement, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

INTELLECTUAL PROPERTY

Our Intellectual Property

Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto (collectively, the “Company IP”). The Service contains the copyrighted material, trademarks, and other proprietary information of Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Company or, if such property is not owned by Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of the Company IP.

Your License to Use the Service

Subject to your compliance with this Agreement, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access the Service, and to use the Service, in the manner intended by the Service for your personal use. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Service without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us 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 the Company to find the alleged infringing material, such as a url);
your 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 [email protected] or mailed the following address:

Kyank Technologies, Inc.

1019 E. 4th Place

Los Angeles, CA 90013

The Company will terminate the accounts of repeat infringers.

YOUR CONTENT

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, posts, and comments whether publicly posted or privately transmitted (collectively, “Content”). Your Content includes all Content posted through your account, regardless of whether you personally posted it.

It is up to you to make sure that your Content obeys this Agreement and all applicable laws. It is not an excuse to say you did not understand the law, that you were simply reposting another user’s Content, or that you’ve seen similar Content posted by others. Once you decide to post it, the Content becomes your responsibility.

You may not post as part of the Service or transmit to Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set in this Agreement.

You understand and agree that Company may, but is not obligated to, monitor or review any Content you post as part of a Service. Company may delete any Content, in whole or in part, that in the sole judgment of Company violates this Agreement or may harm the reputation of the Service or Company.

By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

Prohibited Content

In addition to the types of Content described above, the following is exemplary list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:

promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other users of the Service;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
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);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

When you post prohibited Content, it creates legal problems for you and our Company. If a third-party asserts any legal claims against us regarding your Content, you agree that you will indemnify, defend, and hold us harmless for and against all claims asserted by third parties (including, without limitation, other users) that arise out of or relate to your Content. This means you will pay all attorneys’ fees and other costs we incur to defend our Company in a lawsuit related to your Content.

To prevent such claims from happening, we reserve the right to remove or edit your Content, but we have no obligation to do so, and we do not conduct such reviews as a matter of practice.

You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.

Reviews

If your Content contains any reviews or comments—including reviews of the Service and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted to your Content, Company will have the right to republish all or part of your reviews and comments on the Service, Company’s social media accounts, advertising, and other media as Company deems fit.

Other Users’ Content

Other users will also share Content on our Service. Other users’ Content belongs to the user who posted the Content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to other users’ Content, and you may only use other users’ Content to the extent that your use is consistent with our Service’s purpose of allowing use to communicate with and meet one another. You may not copy other users’ Content or use other users’ Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse other users’ Content.

PROHIBITED ACTIVITIES

We reserve the right to investigate, suspend and/or terminate your account if you misuse the Service or behave in a way that Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

impersonate any person or entity;
solicit money from any users;
post any prohibited Content;
“stalk” or otherwise harass any person;
express or imply that any statements you make are endorsed by Company without our specific prior written consent;
use the Service in an illegal manner or to commit an illegal act;
access the Service in a jurisdiction in which it is illegal or unauthorized;
ask or use other users to conceal the identity, source, or destination of any illegally gained money or products;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
interfere with or disrupt the Service or the servers or networks connected to the Service;
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third-party software);
“frame” or “mirror” any part of the Service, without Company’s prior written authorization;
use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) 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 any software used on or for the Service, or cause others to do so; or
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Service and/or have an account. You may disable your account at any time, for any reason, by following the instructions in “Settings” in the Service. We may terminate, ban, waitlist, limit views, or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in our sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

CUSTOMER SERVICE

Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. 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.

PAYMENTS; SUBSCRIPTIONS; REFUNDS

Your Payments

You agree to pay Company all fees associated with any purchases made by you through the Service, including any enrollment in a subscription plan.

In App Purchases

From time to time, we may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. AT THE END OF THE FREE TRIAL PERIOD, YOU WILL BE CHARGED THE PRICE OF THE SUBSCRIPTION AND WILL CONTINUE TO BE CHARGED UNTIL YOU CANCEL YOUR SUBSCRIPTION. TO AVOID ANY CHARGES, YOU MUST CANCEL BEFORE THE END OF THE TRIAL PERIOD. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In all cases, please refer to the terms of your application platform which apply to your in app purchases.

Subscriptions

Company may offer access to certain parts of the Service on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed according to the terms of the Subscription as displayed to you at the time you first enrolled (the “Subscription Terms”).

Timing of Subscription Payments

At the time you enroll in your Subscription, you will be required to provide payment information to pay for the fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that your credit or debit card on file will be charged fees for additional Subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless cancelled in advance of the next payment period by you. Please pay attention to the fees, payment terms and disclosures provided during the order process for your Subscription.

Cancelling Your Subscription

Deleting your account does not cancel your Subscription. To change or cancel your Subscription, you must log in to your External Service Account and follow instructions to manage or cancel your Subscription. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Sheytoon.

To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.

Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com.

If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

Changes in Subscription Fees

Company may find it necessary to change its subscription fees and reserves the right to do so in its sole discretion. We will not increase subscription fees without prior notice to you that is sufficient to afford you an opportunity to cancel your account or Subscription before incurring any increased fees.

No Refunds

Due to the nature of the Service, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS.

Notice to subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, and as otherwise required by law, the terms below apply: You may cancel your Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. To cancel, you may contact us at [email protected]. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your Subscription which is apportionable to the period after your disability by providing Company notice in the same manner as you request a refund.

Sharing Data

By downloading our mobile app to use the Service and making any in-app purchases, you understand and agree that data regarding your usage and consumption of purchased content will be shared with Apple. This information may include details about how you have accessed and interacted with the purchased content. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

REQUESTING DELETION OF YOUR DATA

We comply with all requests to delete users’ data. To request the full deletion of your data, send an email titled “DATA DELETION REQUEST” to [email protected] and include your name, phone number, and any potential email addresses you may have used so we can locate and delete all the data attributed to you. Data deletion requests are processed within one (1) business day.

DISCLAIMERS; LIMITATION OF LIABILITY

Disclaimer of Warranties

You acknowledge and agree that neither Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COMPANY PROVIDES THE SERVICE 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 SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS OWNERS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE, FIXED, 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 ANY USER OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF COMPANY HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USEOF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILEDWITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

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. THE DAMAGES LIMITATION SET FORTH IN ABOVE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

ASSUMPTION OF RISK; INDEMNITY BY YOU

In addition to any other indemnification obligations expressly stated in these Terms, you agree, to the fullest extent permitted under applicable law, to indemnify and hold Company and its owners, subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of: (i) your access to, use of, or misuse of the Service; (ii) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein); (iii) your Content); (iv) your interactions with other users on the Service or off of the Service (including any violations by you of the rights of any other person or entity; (v) any third-party site, products, services, and links included on or accessed through the Service; and (vi) your violation of any law or regulation. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in connection therewith. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and your use of the Service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS, INTERACTIONS, AND MEETINGS WITH OTHER USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.

COMPANY DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE SERVICE. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY USER. IN COMMUNICATING WITH OR MEETING OTHER USERS IN PERSON, YOU AGREE TO HOLD COMPANY AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEYS’ FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE OR IN-PERSON MEETING WITH A USER. BEFORE ENGAGING IN ANY CORRESPONDENCE OR IN-PERSON MEETING WITH A USER, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT USERS THROUGH ADDITIONAL SOURCES.

Any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

THIRD PARTY CONTENT AND LINKS

From time to time, Company may make third party opinions, advice, statements, offers, or other third-party information or content available through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE OR TRANSMITTED TO OR BY ANY USERS.

The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

NOTICE

Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

ENTIRE AGREEMENT; OTHER

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and Company regarding your use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement, and you may not make any representations or bind the Company in any manner.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Service after the change takes effect. Your continued use of the Service after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your account up to date so that you don’t miss any such notifications.

SAFETY TIPS

The safety of our users is very important to us. There are steps that everyone can follow to ensure their safety while using the Service. Please take a few minutes to read these tips.

KEEP YOUR FINANCIAL INFORMATION PRIVATE

Ignore any request to send money – even if the person claims to be in an emergency – and report it to us immediately. Never give out financial information such as your social security number, credit card number or bank information.

KEEP YOUR PERSONAL INFORMATION

You are in control of your experience at all times – remain anonymous until you feel ready. Be careful about sharing personal information, such as your full name, phone number, email and address. Protect your identity until you are comfortable enough with someone to share it. Also, leave any personal contact information out of your user profile. NOTE, COMPANY WILL NEVER SEND YOU AN EMAIL ASKING FOR YOUR USERNAME AND PASSWORD INFORMATION. Any such communication should be reported immediately.

SPAM/SCAMMERS THERE ARE RED FLAGS TO WATCH OUT FOR THAT MAY INDICATE YOU’RE DEALING WITH A SCAMMER. BE AWARE OF ANYONE WHO:

Sends you messages containing links to third-party websites
Quickly asks to talk or chat outside of the Service
Asks you for money
Vanishes mysteriously then reappears under a different name
Asks for your address under the guise of sending flowers or gifts

The U.S. Federal Trade Commission’s advice to avoid online scams is available on their website.

REPORT SUSPICIOUS USERS

Please report anyone who violates our Terms. Examples of violations include, but are not limited to:

Asking you for money or donations;
Anyone that looks like they could be under the age of 18;
Users sending harassing or offensive messages;
Users behaving inappropriately after meeting in person;
Fraudulent profiles; or
Spam or solicitation, such as attempts to sell products or services.

MEETING IN PERSON

First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:

GET TO KNOW THE OTHER PERSON BEFORE MEETING THEM OFFLINE
- Get to know someone through chat before disclosing personal information or meeting in person. We don’t conduct criminal background checks on our users, so it’s up to you to do your own research and remain cautious.
ALWAYS MEET IN PUBLIC
- Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment.
INFORM A FRIEND OR FAMILY MEMBER OF YOUR PLANS
- Tell them who you are meeting, where you are going and when you will return. Bring your phone with you.
DRIVE YOURSELF TO AND FROM THE FIRST MEETING
- Be in control of your own ride – even if you take a taxi. Securing your own ride is important. Even if the person you’re meeting volunteers to pick you up, do not get into a vehicle with someone you don’t know and trust, especially if it’s the first meeting.

Following these guidelines will help keep the Service safe and enjoyable.