TERMS AND CONDITIONS OF USE OF GRINDR Welcome to the mobile device software application (the “Grindr Software”) of Grindr LLC (“Grindr”, “we”, “us”, “our”), its website and all other mobile services, Web services and applications owned or offered by Grindr now or in the future (collectively the “Grindr Services”). Any reference below to the “Grindr Services” also refers to the “Grindr Software”. Users who download, use, purchase and / or subscribe to the Grindr Services (collectively or individually "you" or "your / s" or "user") agree to the following terms and conditions of use (these "Agreement"). THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GRINDR. PLEASE READ THE AGREEMENT CAREFULLY BEFORE USING THE GRINDR SERVICES. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND / OR SUBSCRIBING THE GRINDR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACKNOWLEDGE THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, STOP USING THE GRINDR SERVICES IMMEDIATELY. SECTION 21 OF THIS AGREEMENT CONTAINS DISPUTE RESOLUTION PROVISIONS BETWEEN OUR USERS AND US. IN PARTICULAR IN THE ARBITRATION AGREEMENT IN THE SAID SECTION, IT IS STATED THAT - WITH A FEW EXCEPTIONS - A LEGAL DISPUTE MUST BE RESOLVED LEGALLY AND BINDING, UNLESS THE ARBITRATION AGREEMENT IS NOT GIVEN. FURTHERMORE: (1) YOU CAN MAKE CLAIMS AGAINST US ONLY AS AN INDIVIDUAL, CLASSIFICATION OR REPRESENTATIVE ACTIONS ARE NOT ADMISSIBLE; FURTHERMORE (2) YOU WAIT JURISDICTION OF CLAIMS AND JURISDICTIONS ABOUT YOUR CLAIMS. FURTHER INFORMATION ON THE ARBITRATION AGREEMENT, THE EFFECTS OF THE ARBITRATION AGREEMENT, AND THE REJECTION OF THIS AGREEMENT CAN BE FOUND IN SECTION 21. IF YOU LIVE IN THE EUROPEAN UNION, THE UNITED KINGDOM OR CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES, PLEASE OBSERVE THE SPECIAL PROVISIONS FOR INTERNATIONAL USERS (“SPECIAL PROVISIONS”). IF YOU ARE LOCATED IN ONE OF THE COUNTRIES REFERRED TO IN THE SPECIAL PROVISIONS, YOU MAY HAVE ADDITIONAL RIGHTS, OR CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT APPLY TO YOU. Keep a copy of this agreement with you. You can request a copy of this agreement by emailing us at the following address: help@grindr.com, subject: User Agreement. AGE RESTRICTION AND SAFETY NO USE BY MINORS. PERSONS UNDER EIGHTEEN (18) YEARS OLD (OR TWENTY-ONE (21) YEARS OLD IN A PLACE WHICH IS NOT EIGHTEEN (18) YEARS OLD) MAY NOT USE THE GRINDR SERVICES DIRECTLY OR INDIRECTLY. YOU MUST BE OF AGE. YOU HEREBY DECLARE AND REPRESENT THAT YOU ARE EIGHTEEN (18) OR AT THE CURRENT TIME. TWENTY-ONE (21) YEARS OLD (IN PLACES WHERE THE AGE IS NOT EIGHTEEN (18) YEARS OLD) AND ARE ABLE TO LEGALLY CONCLUDE THIS AGREEMENT AND MANDATE ALL OF THE PROVISIONS SET OUT IN IT. SAFETY: GRINDR ASSUMES NO RESPONSIBILITY FOR YOUR USE OF THE GRINDR SERVICES OR FOR THE ACTIVITIES OF OTHER USERS WITH WHICH YOU EXCHANGE OR CONTACT INFORMATION. GRINDR DOES NOT REVIEW USERS 'CRIMINAL OR ANY OTHER HISTORY. GRINDR VERIFIES USERS 'INFORMATION REGARDING IDENTITY, HEALTH, PHYSICAL CONDITION, ETC. NOT AFTER. Neither does GRINDR accept any responsibility for any actions or legal consequences if you use it in any location that leads to attempted crime or restriction of your personal interactions. MAKE YOURSELF-MAKE-UP DECISIONS ABOUT USING THE APPLICATION AT YOUR LOCATION AND WEIGH THE POSSIBLE NEGATIVE CONSEQUENCES. WARNING: IMPORTANT LEGAL NOTICE REGARDING LOCATION DATA THE GRINDR SERVICES ARE INTENDED EXCLUSIVELY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVUAL USE AND SHOULD NOT BE USED AS A LOCATION SYSTEM IN AN EMERGENCY DURING THE DURING DURATION. OPERATING VEHICLES IN A HAZARDOUS ENVIRONMENT WHERE FAILSAFE PERFORMANCE IS REQUIRED, OR IN OTHER CASES WHICH THE FAILURE OR INACCURACY OF THE APPLICATION, OR THE GRINDR SERVICES, OR DEATH, DEATH. GRINDR IS NOT INTENDED OR APPROPRIATE FOR RELATIVE SEARCHING, VEHICLE LOCATION, OR ANY OTHER BUSINESS OR PROFESSIONAL USE. FOR SUCH PURPOSES, THE USE OF SPECIFIC PRODUCTS IS RECOMMENDED. INTERNATIONAL USERS Use Outside the United States of America: The Grindr Services are controlled and offered by Grindr in the United States, so your use of the Services is subject to the laws of the State of California regardless of where you live. Grindr does not warrant that the Grindr Services are suitable for use elsewhere or that they are permitted by law in all jurisdictions. Access to Grindr services from other locations is at your own risk; the user is responsible for compliance with local laws. You consent to the transfer and processing of your data in the USA and every other legal system in the world. You can find more information about the collection, use and transmission of your data in our data protection guidelines. Special Provisions: Individuals resident in certain countries (including the countries of the European Union and the United Kingdom) may have additional rights or, depending on applicable law, are not affected by certain parts of this Agreement. You can find detailed information on this in the special provisions for international users. English Language: For reasons of ease of use for international users, Grindr provides translations of this Agreement and, if applicable, versions of the Grindr Services in the respective national languages. This agreement has been drawn up in English and in the event of any contradiction between the two texts, the English version will prevail. Grindr also reserves the right to correct translation errors and similar problems arising from the local language versions of this agreement and the Grindr services. OFFICE REGISTRATION; ACCOUNT EXIT Account Registration: Whenever you create an account with one of the Grindr services (a “User Account”) and provide information, please make sure that the information is correct. Should the information change, you must update the data immediately. The accounts are for your sole use. You are not authorized to use another person's account at any time. Buying, selling, renting or lending account access or username is not permitted without our written consent. You are not permitted to disclose or otherwise transfer your user account or your login data. Account security: You are fully responsible for keeping your password and account details secret. You are also solely responsible for any activity carried out on your account. You agree to immediately notify Grindr of any unauthorized use of your account or any other security breach. We will not be liable for any loss, damage, obligation, expense or legal fees incurred as a result of someone else using your password or account, whether with or without your knowledge. We are under no obligation to keep records of your account. Grindr is under no obligation to keep any account records or data and information that you hold through your account or the Grindr Services. The Grindr services are not intended to be used to store data. You are solely responsible for backing up your data (for example, by separately storing the contact information of people you meet through the Grindr Services). PRIVACY POLICY: The collection, use and disclosure of your personal and other information is subject to our privacy policy. You consent to the collection, storage, use and disclosure of this information in accordance with our data protection guidelines. CHANGES TO THE SERVICES: We reserve the right, at our sole discretion, to change, add to or discontinue the Grindr Services at any time, in whole or in part, for any reason and without liability to you, with the exception of the cases set out in this Section 6. However, we reserve the right to make such changes, additions or settings without such notification if this is necessary to comply with laws, to protect or enforce legal rights or otherwise to cope with or prevent an emergency. When we make material changes to the Premium Services that: (a) reduce the functionality available to you under such Premium Service and (b) are mandatory (meaning that you do not need to update the Grindr software to use it You may terminate your Account within ten (10) days of such changes (as provided in Section 11.2) and receive a pro-rata refund for any amounts prepaid but not used for such Premium Services. We reserve the right to charge fees for access to all or part of the Grindr Services at any time and to change these prices at any time as long as the changes do not affect the fees for premium services that have already been paid for. PROPERTY; OWNERSHIP Grindr owns and operates the Grindr Services. The Grindr Services, content, visual interfaces, data, graphics, designs, collections, computer code, products, software, services (including the mobile device applications) and all other elements of the Grindr Services (collectively the "Materials") are protected by the US American copyright, trade, patent, and trademark rights, international laws and regulations, and all other applicable laws protecting intellectual property and property rights. All materials in the Grindr Services are owned by Grindr, its subsidiaries or affiliates and / or third party licensors. All trademarks, service marks, and trade names depicted in the Grindr Services are owned by Grindr, its subsidiaries and / or third party licensors. Except as expressly authorized by Grindr in this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, any of the materials therefrom create derivative works or otherwise use them. USAGE GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USE THE GRINDR USER PROFILE GUIDELINES, located at http://www.grindr.com/community-guidelines/ (the “Guidelines”), are hereby incorporated by reference into this Agreement as amended from time to time. Please read the guidelines carefully before using the Grindr services. WE HAVE THE RIGHT TO DELETE YOUR DATA AND BLOCK YOUR ACCOUNT. Grindr can ask you at any time for any reason and for no apparent reason to delete the following user content or delete such content yourself. Any violation of the Policies or this Agreement by your User Content could result in your account being suspended and your exclusion from the Grindr services. YOU HEREBY CONFIRM AND AGREE TO THE FOLLOWING PROVISIONS REGARDING PROHIBITED CONDUCT AND USE: You will NOT use the Grindr Services and any information contained therein to misuse, harass, abuse, defame, threaten, or defraud other users, to invade the privacy or other rights of users, or to capture, attempted capture, storage, or disclosure of location or personal Other users' information; You do NOT have any offensive, pornographic, or harmful content on your personal Grindr profile page; You will NOT use the Grindr Services for commercial or non-personal purposes, such as selling or promoting goods or services, and you will use the Grindr Services for personal, non-commercial purposes and only in the manner and manner determined by us for the purposes specified by us; You DO NOT use the Grindr Services to direct or encourage illegal activity, or in violation of any local, state, national or international law, including criminal act, prohibited or controlled substances, intellectual property or other proprietary rights, data protection and privacy, or for the purpose of Import and export control; You do NOT maintain any material on your personal profile that contains video, audio, photos or images of anyone under eighteen (18) years of age or anyone over eighteen (18) years of age without their express consent; They DO NOT make unsolicited offers, advertisements, or suggestions, or send unsolicited messages to other users of the Grindr Services. This includes unsolicited advertising documents or promotional materials, mass sending of advertising e-mails, chain letters, information announcements, appeals for donations and collections of signatures, surveys or invitations to participate in surveys or studies; You do NOT pretend to be another natural or legal person, do not pretend to be a member of such a person and do not access the Grindr user accounts of other users; They DO NOT misrepresent the origin, nature, or content of any information transmitted through the Grindr Services; You will NOT display the Grindr application or profile data on external displays, on monitors, or in public; You AVOID removing, bypassing, deactivating, damaging or otherwise interfering with security functions of the Grindr Services, functions that prevent or limit the use or copying of content available through Grindr Services, and functions that allow the use of the Grindr Services. Restrict services; You will NOT intentionally interfere with or interfere with the operation of the Grindr Services or its use by other users, including by uploading or otherwise distributing viruses, worms, or malicious code; You do not publish, store, send, transmit or distribute any information or material which, if reasonably considered, is undesirable, defamatory, slanderous, offensive, obscene, offensive, pornographic, harassing, threatening, shameful, embarrassing, vulgar, hateful, racist, ethnic or otherwise objectionable, deliberately misleading, inaccurate or otherwise inappropriate, whether or not such materials or their distribution are unlawful; You will NOT post, store, post, transmit, or distribute any information or materials if doing so infringes any patents, trademarks, trade secrets, copyrights or other rights of any person; You do NOT use the Grindr services with products, systems or applications that are installed in vehicles or connected to them, or that communicate with them or that are otherwise capable of navigating, locating, transporting vehicles, carrying out routing in real time or carrying out vehicle dispatching or the like ; You will NOT use the Grindr Services in a hazardous environment where fail-safe performance is required or in cases where the failure or inaccuracy of the application or the Grindr Services could result in death, personal injury, or serious personal injury or property damage; You are NOT attempting to gain unauthorized access to, or any part of, the Grindr Services or any other accounts, computer systems or networks connected to the Grindr Services by hacking, password sneaking, or any other means, and you will not interfere with or attempted interference with the smooth operation of the Grindr Services or activities on the Grindr Services; They do NOT scan, probe, or investigate the vulnerability of the Grindr services or any other system or network. You will not use any robots, web crawlers, scrapers, or other automated means to access the Grindr Services for any specific purpose without our express written permission. They do not bypass our Robot Exclusion headers or any other measures we use to prevent or restrict access to Grindr services. You will not modify the Grindr Services in any way. You will not use or develop any application or other product that interacts with the Grindr Services or provides access to the content and information of other users without our written permission. You are also not using modified versions of the Grindr services, such as for unauthorized access to the Grindr services; You DO NOT affect anyone else's ability to use the Grindr Services, and you will NOT endorse or encourage any activity in violation of this Agreement. PREMIUM SERVICES; PURCHASES Premium services: Certain services, such as Grindr Xtra or Grindr Unlimited, are only available after a user account has been created and a fee has been paid (“Premium Services”). These accounts give you access to premium services for a certain period of time, which is automatically renewed. The period, renewal period and total price for each Premium Services offer are stated on the Grindr Services or wherever the Premium Services are offered. PREMIUM SERVICES ARE AUTOMATICALLY RENEWED. THE PREMIUM SERVICES WILL BE AUTOMATICALLY AND CONTINUOUSLY EXTENDED AT THE END OF THE SUBSCRIPTION TERM AND THE EXTENSION PRICE CURRENTLY CURRENTLY APPLICABLE (EXCL. INCURRING TAXES) DEBIT WITHOUT ADDITIONAL ACTIVITY OF YOURSELF. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES WILL BE AUTOMATICALLY RENEWED UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT. CANCELLATION POLICY: YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. TO CANCEL, PLEASE FOLLOW THE APPROPRIATE INSTRUCTIONS IN THE GRINDR SERVICES. There are no cancellation fees. TO RECEIVE INSTRUCTIONS TO CANCEL PREMIUM SERVICES, PLEASE SEND AN EMAIL INQUIRY TO help@grindr.com. Trial Subscriptions for Premium Services: The Grindr Premium Services are occasionally available for a limited time as a trial subscription (“Trial Subscription” or “Trial Premium Services”). Please note that this agreement also applies to trial subscriptions. You may be asked to provide your credit or debit card information when you register for a trial subscription. In this case, your credit or debit card will only be charged if you do not cancel your trial subscription before the end of the trial period. If you are asked for your credit or debit card information and you do not cancel before the end of the trial period, your trial subscription will be converted to a paid subscription and the fee will be charged to your credit or debit card when the subscription starts. Trial subscriptions are not available to former users of premium services or users who have already received a trial subscription and canceled prior to converting to a paid subscription. Purchases. We reserve the right to correct errors or update data at any time and without notice. Errors are corrected by changing information on the Grindr Services or reporting the error, which will give you the opportunity to cancel your order. It is entirely at our discretion whether we reject or grant cancellation requests for individual orders. All sales are binding. Promotional Codes: Grindr may occasionally and at its sole discretion offer certain promotional codes for discounts. Promotional codes are non-transferable and cannot be redeemed for cash, credit, or previous purchases. A payout in cash is not possible. In addition, promotional codes cannot be used in conjunction with any other offer or discount and must be redeemed by the date specified. Lost promotional codes cannot be replaced. Only one promotional code is allowed per customer. Promotional codes are invalid where prohibited by law. All promotions may be terminated or changed by Grindr at any time in its sole discretion. Payments are non-refundable. Unless expressly provided otherwise in this Agreement (including Section 24 if you are a resident of certain states in the United States and the Special Provisions if you are a resident of certain countries), all payments made to Grindr are final and all fees are not refundable. Cancellations become effective in the following billing period in which the payment is due, unless otherwise expressly provided in this contract. Taxes: Unless otherwise stated at the time of purchase, all payments to Grindr are exclusive of taxes, duties, or duties imposed by tax authorities. You are responsible for paying such taxes, duties or duties. Microtransactions. From time to time you may acquire a limited, personal, non-transferable, non-sublicensable, revocable license for certain additional functions for exclusive use in the Grindr Services (collectively, "Microtransactions"). Grindr reserves the right, in its sole discretion, to charge for the right to access or use additional features and / or to distribute additional features with or without a fee. Grindr can manage, regulate, control, modify or eliminate microtransactions and / or additional functions at any time. The balance of the additional functions displayed in your user account does not represent a real balance and does not reflect a saved value, but instead represents a measure of the scope of your license. There are no fees for additional functions if they are not used; however, the license granted to you through microtransactions will terminate in accordance with the terms of this Agreement if we cease to provide the Grindr Services or if your user account is otherwise closed or terminated. Grindr assumes no liability to you or any third party if Grindr exercises such rights. The provision of additional functions for use in the Grindr services is a service that begins immediately after such microtransactions have been accepted. ALL MICROTRANSACTIONS MADE THROUGH THE GRINDR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT GRINDR HAS NO OBLIGATION TO PROVIDE A REFUND FOR ANY REASON, AND WHEN CLOSING AN ACCOUNT, YOU WILL NOT RECEIVE MONEY OR ANY OTHER COMPENSATION FOR ANY ADDITIONAL FEATURES NOT USED OR DISCLAIMED. USE You understand that some Grindr Services can only be accessed by downloading the Grindr software to a mobile device. You will not be able to view your user content (including chat) until you have downloaded the Grindr software and registered an account. GRINDR RESERVES THE RIGHT, HOWEVER, IS NOT OBLIGATION TO MONITOR THE USE OF THE GRINDR SERVICES BY EACH USER, INCLUDING THE REGISTRATION AND EXCHANGE OF MESSAGES AND THE USE OF OR ACCESS TO THE PROFILE INFORMATION. ACCORDINGLY, GRINDR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER ACCESS TO OR USE OF GRINDR SERVICES, INCLUDING THE LOCATION INFORMATION AND PROFILES OF OTHER USERS, OR (B) OR FOR ANY REASON TO BLOCK USER ACCOUNT. REFUNDS WILL ONLY BE MADE WHEN EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. You are solely responsible for your interactions with other users and for all content and materials that you make available to the Grindr Services. You acknowledge that Grindr will not be responsible for any loss or damage as a result of such interactions. Grindr reserves the right, but is under no obligation, to monitor any discrepancies between you and other users. Grindr does not control the contents of user accounts and profiles. Grindr has the right, but is under no obligation, to review such content for any purpose. You acknowledge that you are solely responsible for all content and materials that you post on the Grindr Services. REFUSAL OR BLOCKING OF SERVICES You can cancel your account at any time and for any reason by following the instructions on the Grindr services. Upon termination of your account, this Agreement will terminate immediately, with the exception of the provisions set out in Section 25.4. If you have a user account for premium services with recurring payment options, you can cancel your user account at any time. You will still have access for the remaining payment period (s) for which you have already paid. Grindr may, at its sole discretion, suspend or terminate your user account for the Grindr Services, your access to and use of the Grindr Services, or any part thereof, if Grindr believes that your profile content or behavior within the Grindr Services is contrary to ours Violates the Terms of Use or you have otherwise violated this Agreement, or for any other reason, subject to Sections 11.4 and 11.5 below. Furthermore, Grindr has the right to remove or delete any user account and all user content (as set out below) in whole or in part at any time. You agree that your access to the Grindr Services or your user account, or any part thereof, may be blocked without notice (except as provided in Section 11.4 below), and you agree that Grindr can provide to you or any third party will not be liable to you for such blocking and refunds will only be made if expressly provided for in this Agreement (including Section 11.5 below). For example, we have the right to deactivate your user account due to prolonged inactivity. Without limiting our other rights, we reserve the right to delete all of your user content from the Grindr services after any termination or cancellation of your user account. Any suspicion of fraudulent, abusive, or illegal activity that leads to the termination of your use of the Grindr Services can be referred to the appropriate law enforcement authorities. These remedies are in addition to any other remedies Grindr may have under law or in equity. If you have paid for a premium service, Grindr will only block your access to the Grindr services or to a user account after observing a period of at least 30 days, unless your profile content or your behavior within the Grindr services violates this our Terms of Use or you have otherwise violated this Agreement, in which case Grindr may immediately suspend or block your access to the Grindr Services or to a user account. If you have paid for a premium service and Grindr blocks your access to the Grindr services or a user account, Grindr will reimburse a proportionate amount of the amounts paid in advance but not used for these premium services. If, on the other hand, Grindr blocks your access to the Grindr Services or a user account because you have violated our Terms of Use, Grindr is entitled to withhold the amounts you have paid for the Grindr Services. However, where required by law (such as the UK), Grindr will only withhold an amount to cover all costs and other losses incurred as a result of the breach or breach, which may still mean no refund becomes payable. You acknowledge and agree that Google, Apple, or any other third party platform provider (depending on the device and operating system you are using) may be the payment processor for transactions related to the Grindr Services. As a result, you may need to request a refund to which you are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as the case may be). If you are of the opinion that Grindr has erroneously blocked your user account temporarily or permanently, you can contact us at any time by email at help@grindr.com. USER CONTENT The Grindr Services allow you and other Grindr users ("User Content") to post content and materials (such as images, ideas, notes, concepts, or creative suggestions), and to host, publish and / or share such User Content with Grindr and other users. You are solely responsible for your own user content and for the consequences of its posting or posting. With regard to User Content, you represent and represent: (i) that you have the necessary licenses, rights, consents and permissions to use and authorize Grindr to use all intellectual property or other proprietary rights in and for all User Content in order to enable it to be used and included in the by the To enable Grindr Services as provided and set forth in this Agreement; and (ii) that you have the written consent, clearance, and / or permission of any identifiable person in the User Content to use the name or image of any such relevant person in order to use and incorporate the User Content in the manner intended by Grindr and this Agreement Way to enable. So you retain all ownership rights to your user content. You acknowledge that while using the Grindr Services you will be exposed to User Content from a variety of sources and that Grindr is not responsible for the accuracy, usefulness, safety, or intellectual property rights in or relating to such User Content. You also understand that you may be exposed to inaccurate, abusive, offensive, or undesirable content. Grindr assumes no liability for or in connection with any User Content. Grindr is also not responsible for actively checking user content for inappropriate content. Nonetheless, if Grindr determines at any time and in its sole discretion to review User Content, Grindr assumes no responsibility for the content, no obligation to modify or remove inappropriate User Content, and no responsibility for the conduct of the user who added the content. In addition, Grindr does not endorse or control other users' content. Grindr makes no warranties, express or implied, regarding any User Content or its accuracy or reliability. Nonetheless, Grindr reserves the right to prevent you from adding user content and to edit, restrict or remove user content for any reason and at any time. User Content is owned by the user who added it and is subject to Grindr's license under this Agreement. You are not authorized to share, display or duplicate the User Content of any third party except as set out in this Agreement. You hereby grant - and you affirm and confirm that you are entitled to grant - Grindr the irrevocable, non-exclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display, perform, create derivative works from your User Content, embed in other works and otherwise use and exploit (through unlimited levels of sublicenses) solely for the purpose of embedding your user content in the Grindr Services or as otherwise permitted by this Agreement. You irrevocably waive all claims and demands with regard to your moral rights and the attribution of your user content. You also hereby grant Grindr the right to sell or transfer your User Content to a third party in the course of an acquisition of Grindr or of Grindr's assets. For more information on the use, collection and disclosure of your information and user content, please see our privacy policy. In the event that you provide Grindr with feedback or suggestions regarding the Grindr Services ("Feedback"), you hereby grant Grindr a permanent, irrevocable, worldwide license (with sublicensing rights) to use that feedback and all related information in any way that Grindr deems appropriate. Grindr will treat your feedback as non-confidential and non-proprietary. Under no circumstances does Grindr make any obligation to compensate you for any feedback. You agree that you will not provide Grindr with any information or concept that you believe is confidential, proprietary, or for which you expect compensation. THIRD PARTY WEBSITES, PRODUCTS AND SERVICES; LEFT The Grindr Services may contain advertising or other links to third party websites or services (“Third Party Websites”) which are solely for the convenience of the user. Grindr does not endorse any such linked website or any information, material, product or service available on or about them. Furthermore, Grindr makes no warranties, express or implied, regarding any content, materials, products, or services contained on or accessible through any Linked Website. Access to and use of linked websites and all information, materials, products and services available on or through such websites is at your own risk. We do not control third party websites and this Agreement does not apply to companies that are not owned or controlled by Grindr and the actions of persons who are not employed or administered by Grindr. Always check the terms of use on third party websites. Your correspondence or business dealings with, or participation in, advertiser promotions found on or through the Grindr Services are solely between you and the advertiser. You agree that Grindr will not be liable or responsible for any loss or damage of any kind incurred as a result of such interactions or the presence of such advertisers on the Grindr Services. Parties other than Grindr may also offer services or sell products through the Grindr Services. We are not responsible for examining and evaluating these offers and do not assume any liability for the offers of these business people or the content of the product and service offers. Nor does Grindr accept any responsibility or liability for the promotions, products and content of these business persons or any other third party. Read the data protection regulations and the other terms of use of third parties carefully. By using third party applications that connect to the Grindr Services (“Third Party Applications”), you consent to Grindr transferring user content to third party websites or applications via programming interfaces developed and maintained by third parties. Grindr is not responsible for the submission of User Content from the Grindr Services to any third party websites or applications, or for any use made of the User Content on any third party websites or applications. Read the terms of use and privacy policies of any third party website or application. Grindr is not responsible for, nor endorses, the features, content, or other materials available on or through any third party websites or applications. Grindr does not review, control, or approve third party websites or applications. Accordingly, access to third party websites or applications is at your own risk. You agree that you will use the third party websites or applications as is available without warranty of any kind for the respective websites or actions of the applications and that this Agreement does not apply to your use of any third party websites or applications. You agree that Grindr may incorporate your user content and location information for Grindr user accounts into information sources and applications of third parties that offer Grindr services. To the extent that your user content contains your personal data (as defined in the data protection guidelines), any transfer of this personal data is subject to the data protection guidelines. ADVERTISEMENT Grindr and its licensees may publicly display advertisements and other information in addition to Your User Content. You are not entitled to any compensation for such advertisements. The manner and scope of such advertisements can be changed without notice or liability to you. END USER LICENSES Mobile device: To use the Grindr software, you need a mobile device that is compatible with the Grindr services. Grindr does not guarantee that the Grindr Services are compatible with your mobile device. You bear all cell phone costs incurred through the use of the Grindr services, including SMS and roaming charges as well as data usage costs. If you are not sure what the charges will be, check with your wireless service provider before using the Grindr services. Grant of License: Subject to compliance with the terms of this Agreement, Grindr hereby grants you a simple, non-transferable, revocable license to (i) use one copy of the Grindr software with compiled code for your account on a mobile device of which you are the sole renter or owner using the device for your personal, non-commercial use only, and (ii) the Grindr Services (other than the Grindr software) for your personal, non-commercial use for the purposes intended by Grindr, from time to time Time to be publicly announced by Grindr. Restrictions: You are NOT permitted to (i) modify, disassemble, or reverse engineer the Grindr Services or any technology made available in connection therewith, unless such restriction is expressly excluded by law, whereby a contractual Waiver is not possible; (ii) rent, lend, resell, sublicense, distribute or otherwise transfer to third parties the Grindr Services, or share your Grindr Services with other users, or offer them in a similar manner; (iii) make copies of the Grindr Services; (iv) remove, circumvent, deactivate, damage or otherwise interfere with the security functions of the Grindr Services - the same applies to functions that prevent or limit the use or copying of content available via Grindr Services as well as to functions which restrict the use of the Grindr Services - or (v) create extensions or products that are related to or interact with the Grindr Services, unless this restriction is expressly excluded by law, whereby a contractual waiver does not is possible; or (vi) delete any copyright notices or similar information from the Grindr Services. Updates: You understand that Grindr may release updated versions of the Grindr Services from time to time and that the version of the Grindr Services that you use on your mobile device or otherwise will be automatically and electronically updated. You consent to this automatic update on your mobile device and agree that the terms and conditions of this Agreement will apply to all updates. You also agree that Grindr will not be liable to you for these updates. Open Source: To the extent that the Grindr Services use open source or third party codes that can be included in the Grindr Services, such open source or third party codes may be covered by the applicable end user license agreement (EULA) for open source or third party providers that authorizes the use of the respective code. This Agreement does not limit your rights under the terms of any applicable Open Source End User License Agreement, nor does it give you any rights that would void such terms. For more information, contact legal@grindr.com (with the keyword "Open Source" in the subject line). Reserved Rights: The foregoing license granted under this Agreement does not constitute a sale of the Grindr Services or a copy thereof. Grindr and its business partners and providers retain all rights, title, and interest in the Grindr Services (and copies thereof). Any attempts to transfer rights, duties or obligations from this agreement are - unless expressly provided for in the provisions - void. Grindr reserves all rights not expressly set out in this agreement. Trademarks, Service Marks, and Logos: The names and logos associated with the Grindr Services are owned by Grindr. Use of these marks is only permitted with prior written approval and permission from Grindr. All rights reserved. Government Use: The Grindr Services are intended for individual use only, not government entities. Should Grindr authorize the US Government to use the Grindr Services, or should the US Government use the Grindr Services without authorization, use, duplication, representation, modification, reproduction, release, publication, distribution or disclosure of the Grindr Services are subject to the Limitations set forth in this Agreement and Regulations DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (Oct. 1988), FAR 12.212 (a) (1995), FAR 52.227-19 or FAR 52.227-14 (ALT III), if applicable. This Agreement does not give government users any broader rights to use Grindr Services than those set out in this Agreement. Export Control: The Grindr Services were developed in the United States and are subject to United States export laws and regulations. The Grindr Services may not be exported or re-exported to certain countries or to persons or groups excluded from US exports. In addition, the Grindr Services may be subject to the import and export laws of other countries. You agree to comply with all US and foreign laws regarding the use of the Grindr Services. App stores: You acknowledge and agree that the availability of the Grindr services depends on the third party from whom you obtained the Grindr services, e.g. B. Android Market or the Apple App Store (“App Stores”). You acknowledge that this agreement is between you and Grindr, not the App Store. Each app store has its own terms and conditions, which you must agree to before you can download Grindr services. You confirm that you will comply with all terms and conditions of the respective app store, whereby your right to use the Grindr services requires compliance with said conditions. DISCLAIMER; WARRANTIES TO YOU SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THIS APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS WILL NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE “SPECIAL PROVISIONS FOR INTERNATIONAL USERS” YOU WILL FIND CERTAIN EXCEPTIONS FOR SUCH USERS. THE GRINDR SERVICES AND ANY SOFTWARES, SERVICES, OR APPLICATIONS AVAILABLE THROUGH OR IN CONNECTION WITH THE GRINDR SERVICES WILL BE “AS IS” TO THE FAREST PERMITTED BY LAW; OFFERED "AS AVAILABLE", AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. GRINDR AND ITS PROVIDERS, GROUP COMPANIES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF LEGAL ENTITLEMENT, MERCHANTABILITY AND INVALIDITY. GRINDR AND ITS PROVIDERS AND LICENSORS DO NOT GUARANTEE THE UNINTERRUPTED AND ERROR-FREE EXECUTION OF THE FUNCTIONS IN THE GRINDR SERVICES, FOR THE REMEDY OF DEFECTS OR FOR THE FREEDOM FROM VIRUSES AND OTHER SERVICES THROUGH THE SERVICES OF THE GRINDR ELEMENTS TO BE PROVIDED. GRINDR AND ITS PROVIDERS AND LICENSORS (INCLUDING THE MOBILE PROVIDER-LICENSORS) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SECURITY, ACCURACY, ACCURACY, RELIABILITY OF USE OR ANY OTHER REQUIREMENTS. THE RESULTS OF USING LOCATION INFORMATION OR OTHER GRINDR SERVICES. YOU, NOT GRINDR OR ITS PROVIDERS OR LICENSORS, ASSUME THE ENTIRE COSTS FOR THE SERVICES OR. DEVICES REQUIRED TO ACCESS GRINDR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU DOWNLOAD OR OTHERWISE RECEIVE MATERIALS OR DATA VIA GRINDR SERVICES AT YOUR SOLE RISK AND AT YOUR SOLE DISCRETION. INDEMNIFICATION; INDEMNIFICATION FROM GRINDR You agree to indemnify and hold harmless Grindr (and its affiliates, contractors, employees, agents, providers and licensors) from all claims, lawsuits, losses, costs, claims for damages and liabilities of any kind (including legal fees) made by third parties Maintain and defend any of the following or are related to: (a) your use or misuse of location information or other Grindr services in general, (b) a violation of the rights of any individual or legal entity You, (c) any suspected violation of this Agreement, or (d) your use of the Grindr Services to meet another user in person, or to find and visit a location or event. Grindr reserves the right, at your own expense, to provide sole defense and settlement on any matter that is subject to indemnification from you, and you agree to assist us in our defense against such claims. These defense and indemnification obligations are intended to be expanded to the greatest extent permitted by law and also apply beyond the end of the agreement and the termination of your use of the Grindr services. LIMITATION OF LIABILITY AND COMPENSATION THE LAWS OF SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU. IN THE SPECIAL PROVISIONS YOU WILL FIND CERTAIN EXCEPTIONS FOR SUCH USERS. YOU ACKNOWLEDGE AND AGREE THAT GRINDR (WHAT FOR THE PURPOSES OF THE PRESENT SECTION 18 ALSO YOUR GROUP COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY LICENSORS AND MAY NOT INCLUDE YOU) IS LIABLE FOR SPECIAL DAMAGE, INDIRECT DAMAGE, INCIDENTAL DAMAGE, FINE, CONDITIONAL DAMAGE, CONSEQUENTIAL DAMAGE, OR COMPENSATION OF A CRIMINAL CHARACTERISTIC IN CONNECTION WITH OR AS A RESULT OF THE CIRCUMSTANCES: (B) THE DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION BY US; (C) YOUR USE OF OR INABILITY TO USE THE GRINDR SERVICES; (D) THE GRINDR SERVICES IN GENERAL (INCLUDING THE GRINDR SOFTWARE) OR THE SYSTEMS THAT PROVIDE THE GRINDR SERVICES OR (E) ANY OTHER INTERACTION WITH GRINDR OR OTHER USERS OF THE GRINDR SERVICES, EVEN IF GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, EVEN AFTER TERMINATION OR. THAT THIS AGREEMENT WILL EXPIRE AND, TO THE EXTENT PERMITTED BY LAW, IT WILL ALSO APPLY IF ANY OF THE LIMITED REMEDIES DESCRIBED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT GRINDR (WHAT FOR THE PURPOSES OF THE PRESENT SECTION 18 ALSO YOUR GROUP COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY LICENSORS AND MAY NOT INCLUDE YOU) IS LIABLE FOR SPECIAL DAMAGE, INDIRECT DAMAGE, INCIDENTAL DAMAGE, FINE, CONDITIONAL DAMAGE, CONSEQUENTIAL DAMAGE, OR COMPENSATION OF A CRIMINAL CHARACTERISTIC IN CONNECTION WITH OR AS A RESULT OF THE CIRCUMSTANCES: (B) THE DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION BY US; (C) YOUR USE OF OR INABILITY TO USE THE GRINDR SERVICES; (D) THE GRINDR SERVICES IN GENERAL (INCLUDING THE GRINDR SOFTWARE) OR THE SYSTEMS THAT PROVIDE THE GRINDR SERVICES OR (E) ANY OTHER INTERACTION WITH GRINDR OR OTHER USERS OF THE GRINDR SERVICES, EVEN IF GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION, EVEN AFTER TERMINATION OR. THAT THIS AGREEMENT WILL EXPIRE AND, TO THE EXTENT PERMITTED BY LAW, IT WILL ALSO APPLY IF ANY OF THE LIMITED REMEDIES DESCRIBED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES SHALL GRINDR'S ENTIRE LIABILITY EXCEED (OR ITS GROUP COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR PROVIDERS) FOR ANY DAMAGES, LOSSES OR CLAIMS FOR THE USE OF GRINDR, WHICH ARE CAUSED BY YOU, OR OCCURRED FROM THE USER THIS INCLUDES BREACH OF THE CONTRACT, UNAUTHORIZED ACTION (INCLUDING NEGLIGENCE), BREACH OF A WARRANTY OBLIGATION OR OTHER CAUSES) THE AMOUNT OF YOU PROVIDED BY YOU FOR THE USE OF THE GRINDR SERVICES (INCLUDING NEGLIGENCE) DUE TO THE DUTY OF 12 MONTHS , DEPENDING ON THE LARGER AMOUNT. SECTION 18 IS NOT INTENDED TO EXCLUDE LIABILITY IN CASES FOR WHICH GRINDR MAY NOT EXCLUDE LIABILITY UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THE BUSINESS BENEFITS OF THE AGREEMENT WITH GRINDR. YOU ACKNOWLEDGE AND ACKNOWLEDGE THAT GRINDR OFFERS THE GRINDR SERVICES, INVOLVING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND THE FEES FOR THIS AGREEMENT. FURTHER TAKE NOTE AND ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Grindr DISPLAY AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT A VITAL BASIS OF THE BARGAIN BETWEEN YOU AND Grindr MAKE. WITHOUT THESE LIMITATIONS AND EXCLUSIONS, GRINDR WOULD NOT BE ABLE TO OFFER THE GRINDR SERVICES TO YOU ON AN ECONOMICALLY PORTABLE BASIS. INDEMNIFICATION You hereby release us (and our agents, employees, representatives, legal successors and assignees) forever within the broadest legally permissible framework and waive all previous, present and future legal disputes, claims, disputes, demands, rights, obligations, warranties, lawsuits and legal action of any kind (including personal injury, emotional distress, identity theft, death, loss of property and property damage) arising directly or indirectly through, or relating directly or indirectly to: (1) interactions with other Grindr users or users. Acts, omissions and user content of the same or (2) third party websites, products, services or links available on or through Grindr Services. Dispute resolution; ARBITRATION AGREEMENT You and Grindr agree that all disputes, whether incurred or in the future, in any connection with your use of the Grindr Services, including matters relating to the validity, interpretation, violation, application or termination of this Agreement or matters otherwise relating to Grindr (collectively, "Disputes"), to be resolved in accordance with the provisions of Section 21. Informal settlement: In the event of a disagreement with us, we hereby agree that you will contact us at legal@grindr.com before taking any official steps and send us a brief written description of the disagreement and your contact details (including the email -Address associated with your user account if the disagreement relates to an account) and sixty (60) days allow us to try to reach an amicable settlement of the problem. Applicable Law: The contracting parties agree that US federal laws including the Federal Arbitration Act and - unless inconsistent with or already covered by federal law - the laws of the state of California shall apply to dispute resolution regardless of the conflict of laws principles unless otherwise expressly provided in the special provisions. Arbitration: The parties agree that this Agreement and all parts thereof are evidence of a transaction involving interstate commerce and that U.S. Federal Arbitration Act applies in all cases and serves as the basis for the interpretation and enforcement of the arbitration rules and arbitration proceedings. All disputes must be resolved individually in binding arbitration by the American Arbitration Association ("AAA") in accordance with its consumer-related dispute procedures (using face-to-face meetings and telephone or video conferencing where appropriate and permitted to reduce travel expenses ). The contracting parties agree that the arbitrator neither conducts collective nor group proceedings and neither merges nor consolidates the claims for individual persons. The parties further agree that the arbitrator - no federal, international, national or local authority or court - has exclusive jurisdiction to resolve any dispute relating to the interpretation, validity, enforceability or the formation of this Agreement, including the Allegation that this Agreement is invalid or subject to appeal, in whole or in part, or that a claim is the subject of arbitration. We also agree that the arbitrator can submit the arbitral award to any competent court. Arbitrator's Award: We agree that the arbitral award on matters with pecuniary claims in excess of US $ 5,000 will contain the essential findings and conclusions on which the arbitrator's decision was based. The arbitrator decides on the subject of the claims in accordance with the applicable law and taking into account the recognized principles of the law of equity, taking into account all legally recognized privilege claims. The arbitrator is not bound by decisions in previous arbitration proceedings with other users, but is bound by decisions in proceedings with the same Grindr user, as required by applicable law. The contracting parties agree that the arbitration award is final and binding and that the arbitrator's decision can be submitted to any competent court. Legal protection through injunction and declaratory proceedings: With the exception of the provisions in Section 21.6 below, the arbitrator determines all liability issues in connection with claims made by you or Grindr and can only award declaratory or injunction claims in favor of the party making the request and only to the extent that is necessary to guarantee the legal protection justified by the individual claims of this party. To the extent that you or Grindr have made a public injunction (the main purpose and effect of which is to prohibit unlawful acts that may cause future harm to the public), the legitimacy and scope of that claim must be in a competent civil court, not in a Arbitration will be contested if the party making public injunctive relief is the first to win the arbitration. The parties agree that the legal dispute on all questions of the public injunction will be suspended until a decision on the merits of the individual claims has been made in arbitration. Exceptions to the arbitration agreement: There are only two exceptions to this arbitration agreement: First, if one party reasonably believes that the other party has in any way infringed or threatened to infringe the intellectual property rights of the first party, the party whose rights have been infringed may bring an injunction or an injunction before a competent court Submit. Furthermore, each party reserves the right to seek legal assistance from a minor court, provided that the relevant disputes or claims are subject to the jurisdiction of the respective court. Assumption of procedural costs: The contracting parties agree that the payment of all court, administrative and arbitration fees is subject to the rules of the AAA, unless otherwise specified in this arbitration agreement. Future Changes to the Arbitration Agreement: Notwithstanding anything to the contrary in this Agreement, the parties will determine that future changes to this Arbitration Agreement will not apply to claims against Grindr brought before the effective date of the change. However, the changes apply to all other existing or future litigation or claims between the contracting parties that are subject to the arbitration agreement. If you do not agree to these changes, you can terminate your account within thirty (30) days of the posting or notification and you will not be bound by the changed terms. Jurisdiction: If this arbitration agreement does not apply to you or any particular claim or dispute (as a result of your objection to the arbitration agreement, as a result of an arbitrator's decision or court order, or because this arbitration agreement does not apply to you as an international user) and unless otherwise If a provision has been agreed between the contracting parties or applies according to Section 21.6.2 (Small Claims Court), you agree that any existing or future claim or dispute between Grindr and you can only be brought before a state or federal court in Los Angeles County (California / USA) ) is negotiated. The contracting parties agree to submit to the exclusive personal jurisdiction of the courts of Los Angeles County, California, in relation to all of these legal proceedings. YOU MAY DISPUTE THE ARBITRATION AGREEMENT. IF YOU ARE A NEW GRINDR USER, YOU CAN REJECT THE PROVISIONS OF THE ARBITRATION AGREEMENT ("DISPOSE") BY NOTIFYING AN OBJECTIVE E-MAIL TO ARBITRATIONOPTOUT @ GRINDRIND LLC, PO Box 69176, West Hollywood, CA 90069. NOTICE OF DISCLAIMER MUST RECEIVE US WITHIN THIRTY (30) DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT A NEW GRINDR USER, YOU MUST NOTIFY US IN WRITING OF YOUR OBJECTION WITHIN THIRTY (30) DAYS OF THE NEW TERMS PUBLICATION. Procedure in the event of an objection: To explain your objection, send an email with your name, address (including street, city, state and zip code) and email address associated with the account for which the objection is made, as well as an unedited digital image of your valid driver's license to: arbitrationoptout@grindr.com. This is the only way to contradict the arbitration agreement. If you object to the arbitration agreement, all other parts of this agreement and the dispute resolution section will continue to apply to you (including sections 19 "You acknowledge the commercial benefit of the agreement with Grindr" and 14 through 18 (14: "Advertising", 15: "End User Licenses", 16: "Disclaimer; Warranties to You", 17: "Indemnification; Indemnification from Grindr" and 18: "Limitation of Liability and Indemnification")). The objection to this arbitration agreement does not affect any previous, further or future arbitration agreements between you and Grindr. WAIVER OF CERTAIN RIGHTS: BY ACCEPTING THIS AGREEMENT, YOU IRREGULATELY WAIVER OF ANY RIGHTS (i) TO PROCEED IN A JURISDICTION (EXCEPT THE PROCEDURES SET OUT ABOVE) BEFORE COURTS FOR BAGATELL CASES, OR OBLIGATION TO OBLIGATE INTO ACTIONS AS WELL AS PARTICIPATION IN JURISDICTION, ARBITRATION, OR OTHER PROCEEDINGS AGAINST US AND / OR RELATED THIRD PARTIES AS A MEMBER OF A GROUP OF APPLICANTS EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii). LIMITATION PERIOD FOR YOUR CLAIMS: WITHOUT DISCONTINUING ANY OTHER STATUTORY PROVISIONS, ALL CLAIMS OR RIGHTS OF ACTION MUST APPLY TO THE USE OF THE WEBSITE, THE SERVICES OR THIS AGREEMENT IN ACCORDANCE WITH THE YEAR (1) OR ANY CLAIMS CONCERNED IN THIS YEAR WILL, OTHERWISE, THEY WILL BE BARRED. POLICY ON REPORTING AND REMOVING ILLEGAL CONTENT Grindr respects intellectual property rights and expects users to do the same. Grindr will terminate the accounts of users identified by Grindr as "Repeated Infringers" without notice and with immediate effect. A repeated infringer is a user to whom Grindr has reported infringing activities more than twice and / or whose user content has been removed from the Grindr services more than twice. ( Note: We reserve the right to terminate accounts in accordance with Section 8.3, even in the event of a single violation of the law.) If you are a copyright owner or have a duly authorized representative and believe that content on the Grindr Services infringes your copyrights, you can report this incident by providing the following information in writing to a Grindr designated copyright agent: The physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed; An identification of the allegedly infringed copyrighted material, or, if the report covers multiple copyrighted materials, a representative list of the materials on the appropriate Grindr services; An identification of the infringing material or the material that is the subject of the infringement and is to be removed or to which access is to be prevented, as well as sufficient information to enable the material to be found; Sufficient information that Grindr can use to contact the complaining party, such as address, telephone number and, if applicable, email address to contact you; A statement that the disputed use of the material in the manner reported is not authorized by the copyright owner, agent, or the law (for example, one phrase might read: "I have a good faith belief that use of the copyrighted content which appears in this letter is not authorized by the copyright owner, agent or by law ”); and A declaration that the information contained in the report is correct and, if there is a threat of penalty in the event of perjury, that the complaining party is entitled to act on behalf of the copyright owner that is allegedly infringed (one formulation for this could be : “I declare in lieu of oath and under threat of penalty in the event of perjury that the information in this report is true and that I am the owner of the copyright or am authorized to act on behalf of the copyright owner of the aforementioned content. "). The copyright representative named by Grindr can be reached at the following address: Grindr LLC Attention: Copyright Agent P.O. Box 69176 West Hollywood, CA 90069 Phone: +1 310 776-6680 Email: help@grindr.com Only reports discussed in this section should be directed to Grindr's designated copyright agent. You understand that your DMCA report may not be valid if your report does not meet all of the requirements set out in Section 22. Please note that pursuant to Section 512 (f) of the United States Copyright Act, anyone who knowingly makes false statements about infringement by materials or activities may be held liable. APPLE APP STORE: ADDITIONAL TERMS AND CONDITIONS The following additional terms and conditions apply when you purchase Grindr software through an Apple App Store. If the terms and conditions in the agreement are less restrictive or contradict the terms and conditions in Section 23, the more restrictive or conflicting provisions in Section 23 apply, but only in relation to Grindr software from the Apple App Store: Affirmation: You and Grindr acknowledge that this Agreement is between you and Grindr, not with Apple, and that Grindr, not Apple, accepts sole responsibility for the Grindr software and its contents. If the Rules of Use for Grindr Software in this Agreement are less restrictive or contradict the Rules of Use for Grindr Software in the Apple App Store Terms of Use, the more restrictive or conflicting Apple App Store Terms of Use shall apply. Scope of License: The license granted to you for Grindr software is limited to the non-transferable right to use Grindr software on any iOS device in your possession or ownership under the terms of use set out in the Apple App Store Terms of Use. Maintenance and Support: Grindr has sole responsibility for maintenance and support services relating to Grindr software as set out in this Agreement (if applicable) or as required under applicable law. You and Grindr acknowledge that Apple has no obligation to provide maintenance or support services in relation to Grindr software. Warranty: Grindr is solely responsible for all product warranties, express or statutory, unless effectively excluded. If an applicable warranty for Grindr software is not provided, you can notify Apple and Apple will reimburse you for the purchase price for the Grindr software. Apple has no further warranty obligations with respect to Grindr software to the fullest extent permitted by law and Grindr shall be solely responsible for all other claims, losses, warranties, damages, and costs related to non-warranty. Product Claims: You and Grindr acknowledge that Grindr, not Apple, is responsible for resolving your or any third party claims relating to Grindr software, your possession and / or use of Grindr software, including: (i ) Product liability claims; (ii) allegations that the Grindr software does not comply with applicable legal requirements; and (iii) claims under consumer protection or similar laws. This Agreement does not limit Grindr's liability to you beyond what is permitted by law. Intellectual Property Rights: You and Grindr acknowledge that Grindr, not Apple, will have sole responsibility for investigation, defense, arbitration and compliance should a third party allege that Grindr software, or your possession or use of Grindr software, is the infringes the intellectual property rights of the third party. Legal Compliance: You represent and represent that (i) you are not located in a country that is under a US embargo or that has been designated by the US government as "promoting terrorism"; and (ii) you are not on a US government list of prohibited or restricted parties. Developer Name and Address: Grindr's contact details for any questions, complaints, or claims from end users regarding Grindr software can be found in Section 25.7 of this Agreement. Third Party Agreement Terms: When using the Grindr software, you must comply with the applicable third party agreement terms. Third Party Beneficiary: You and Grindr acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and that Apple, upon your acceptance of the terms and conditions of this Agreement, will have the right (and Apple will be deemed to have accepted such right) to terminate this Agreement as a third party beneficiary against you. STATE SPECIAL PROVISIONS REGARDING YOUR RIGHT OF WITHDRAWAL The following provisions are added to this Agreement for the benefit of users with paid subscriptions located in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or one reside in another state for which this cancellation policy is required: You, the buyer, can withdraw from this agreement without penalty or obligation at any time before midnight on the third business day (excluding Sundays and public holidays) after the original agreement was entered into. To withdraw from this agreement, send a signed and dated notice in which you, the buyer, terminate this agreement (or similar wording). Send the letter to: Grindr LLC P.O. Box 69176 West Hollywood, CA 90069 Should you die before the end of your paid subscription, the portion of the prepayment made for the period after your death may be claimed for your estate. If you develop a disability before the end of your paid subscription (and you have written confirmation from a doctor that you can no longer use the paid subscription), you are entitled to a refund of the portion of the upfront payment for the Time after your disability was performed. You can claim this right by writing to Grindr at the above address. VARIOUS Severability clause, waiver of the assertion of provisions: If any provision of this agreement is deemed to be illegal, ineffective or unenforceable for any reason, this shall not affect the validity of the remaining provisions. A provision of this agreement can only be canceled in writing by the party benefiting from the provision. A party's waiver of compliance with any of the provisions of this Agreement shall in no way affect the party's right to request compliance at a later date. Any waiver of any breach of any provision of this Agreement will not be construed as a permanent waiver for breach of the same or any other provision of this Agreement. Notices: Grindr will send you notices, including notifications of changes to this Agreement, by email or by posting on the Grindr Services. You hereby consent to the use of electronic communications. If you would like to send a message to Grindr, please send it to the postal address or e-mail address given in Section 25.7. Such notification will take effect upon receipt. Unlike Grindr, you are not authorized to transfer rights. You may not assign or transfer this Agreement and any rights and licenses granted therein to anyone else. However, Grindr can transfer this Agreement and the obligations contained therein to third parties without restriction at any time and without giving reasons. You acknowledge and agree that if another company acquires our business, such transfer will include a sale or redirection of your User Content, and you consent to such transfer without further action or confirmation required. Validity of the terms: The following sections will continue to apply even after the termination of this agreement or your use of the Grindr services or the termination of your subscription: 1–3, 4.3, 4.4, 5–7, 9.6, 9.7, 10, 12–14, 15 (without 15.2), 16–23 and 25. No Third Party Beneficiaries: Grindr's past, present, and future affiliates (i.e., companies that control, are controlled by, or are under common control with Grindr) are third party beneficiaries of all rights, protections, and benefits granted to Grindr under this Agreement, including Section 21. Otherwise there are no third party beneficiaries from this agreement. Headlines; Complete Agreement: The headings are for convenience only, do not constitute part of this Agreement and are not intended to restrict or influence the individual provisions. The term “including” means “including and without limitation”. This is the complete agreement between you and us with regard to the matter being dealt with and will not be changed unless in writing and agreed by both parties. Disclosures; Inquiries: The services referred to in this agreement are provided by Grindr LLC, PO Box 69176, West Hollywood, CA 90069. If you have a question or complaint, you can contact us at the above address or at the following email address: help@grindr.com. California residents can mail the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or call +1 916 445-1254 or +1 800 952-5210. Special provisions for international users UNITED KINGDOM: The following provisions apply to all UK residents and supersede any conflicting provisions of this Agreement to the extent required by applicable law: Withdrawal within a 14-day withdrawal period: You have the right to cancel your Grindr Premium services within fourteen (14) days without giving a reason. The withdrawal period ends fourteen (14) days after purchasing the Grindr Premium Services. If you have taken a free trial subscription, the withdrawal period ends fourteen (14) days after the trial subscription begins. In order to exercise your right to withdraw within the fourteen (14) day period, please inform us of your intention to withdraw in a clear statement at help@grindr.com. To do this, you can use the model withdrawal form contained in Appendix I (B) of the Consumer Rights Directive. We will immediately confirm receipt of such a cancellation by email. In order to meet the withdrawal deadline, it is sufficient to send us your notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. There are no separate cancellation costs, however, unless otherwise specified in this agreement, no payments will be refunded. We will reimburse you the pro rata amount of the premium fee for the unused period of your premium services. A premium fee does not apply for the period up to the notification of your withdrawal (excluding a free trial period in which no payment has been made) and we will not reimburse you for this portion of the premium services. We will refund you the amount without undue delay and no later than fourteen (14) days after notification of your intention to terminate the Premium Services. The refund will be made using the same payment method that you used for the original payment, unless expressly agreed otherwise. Exceptions to Limitation of Liability: This Agreement does not exclude or limit the liability of Grindr (and its affiliates, contractors, subcontractors, directors, officers, employees, agents, vendors, or licensors) in any of the following cases: Death or injury due to negligence , Fraud or misrepresentation on our part, or any other liability that cannot be excluded or limited by law. THE ARBITRATION RULES MAY AFFECT YOU. NOT. IF YOU ARE RESIDENT IN THE UNITED KINGDOM AND THE DIRECTIVE ON ALTERNATIVE DISPUTE RESOLUTION IN CONSUMER AFFAIRS (2013/11 / EU) AND THE REGULATION ON ONLINE DISPUTE MATTERS IN CONSUMER AFFAIRS (EU 524/2013) AND THE REGULATION ON ONLINE DISPUTE MATTERS (EU 524/2013) AND THE REGULATION NOT AFFECTED BY THE ARBITRATION RULES IN SECTION 21 BUT BY SECTION 21.8 (“PLACE OF JURISDICTION”), UNLESS STATUTORY PROVIDED OTHERWISE. PLEASE READ SECTION 21.8 CAREFULLY. The European Commission's platform for online dispute resolution can be found under the following link: OS platform No worse off compared to consumer law: As a consumer, you enjoy all the mandatory statutory rights of the country in which you are resident. The provisions of this Agreement including, but not limited to, Section 21 do not affect your statutory local rights as a consumer. Local Jurisdiction: Your local law may authorize you to hear a dispute in a local court, notwithstanding the provisions of Section 21, which agrees that any dispute not covered by the provisions of Section 21 shall be held in Los Angeles courts, California, USA is negotiated. This agreement does not limit any of your rights, regardless of any agreement you have entered into. However, by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any court other than those listed in Section 21 and reserves the right to contest the jurisdiction of any other court. EUROPEAN UNION: The following provisions apply to persons residing in the EU and replace all conflicting provisions of this agreement, insofar as required by applicable law: Withdrawal within a 14-day withdrawal period: You have the right to cancel your Grindr Premium services within fourteen (14) days without giving a reason. The withdrawal period ends fourteen (14) days after purchasing the Grindr Premium Services. If you have taken a free trial subscription, the withdrawal period ends fourteen (14) days after the trial subscription begins. In order to exercise your right to withdraw within the fourteen (14) day period, please inform us of your intention to withdraw in a clear statement at help@grindr.com. To do this, you can use the model withdrawal form contained in Appendix I (B) of the Consumer Rights Directive. We will immediately confirm receipt of such a cancellation by email. In order to meet the withdrawal deadline, it is sufficient to send us your notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. There are no separate cancellation costs, however, unless otherwise specified in this agreement, no payments will be refunded. We will reimburse you the pro rata amount of the premium fee for the unused period of your premium services. A premium fee does not apply for the period up to the notification of your withdrawal (excluding a free trial period in which no payment has been made) and we will not reimburse you for this portion of the premium services. We will refund you the amount without undue delay and no later than fourteen (14) days after notification of your intention to terminate the Premium Services. The refund will be made using the same payment method that you used for the original payment, unless expressly agreed otherwise. Exceptions to Limitation of Liability: This Agreement does not exclude or limit the liability of Grindr (and its affiliates, contractors, subcontractors, directors, officers, employees, agents, third party providers and licensors) unless excluded or limited by applicable law can. THE ARBITRATION RULES MAY AFFECT YOU. NOT. IF YOU ARE RESIDENT IN THE EUROPEAN UNION AND THE DIRECTIVE ON ALTERNATIVE DISPUTE RESOLUTION IN CONSUMER AFFAIRS (2013/11 / EU) AND THE REGULATION ON ONLINE DISPUTE RESOLUTION IN CONSUMER AFFAIRS (EU 524/2013) AND THE SUBSIDIARIES OF THE EU YOU ARE NOT AFFECTED BY THE ARBITRATION RULES IN SECTION 21 BUT BY SECTION 21.8 (“JURISDICTION”) UNLESS STATUTORY PROVIDED OTHERWISE. PLEASE READ SECTION 21.8 CAREFULLY. The European Commission's platform for online dispute resolution can be found under the following link: OS platform No worse position compared to consumer law: As a consumer, you enjoy all mandatory legal rights of the country in which you are resident. The provisions of this Agreement including, but not limited to, Section 21 do not affect your statutory local rights as a consumer. Local Jurisdiction: Your local law may authorize you to hear a dispute in a local court, notwithstanding the provisions of Section 21, which provides that any dispute not covered by the provisions of Section 21 shall be held in Los Angeles courts, California, USA is negotiated. This agreement does not limit any of your rights, regardless of any agreement you have entered into. However, by entering into this Agreement or otherwise, Grindr does not consent to the jurisdiction of any court other than those listed in Section 21 and reserves the right to contest the jurisdiction of any other court. SPAIN: If you live in Spain, in addition to the provisions for EU citizens outlined above, the following provisions apply to you, which, if required by applicable law, replace all conflicting provisions of this agreement: Language: The Spanish version of this agreement applies. Changes: Grindr will notify you of any material changes to the Services and / or Policies and these Terms and Conditions. Renewals: Grindr will notify you in advance (directly or through an app store) of the renewal date of the premium subscription or trial subscription before your credit or debit card is charged. Moral rights: You do not waive your moral rights to your user content, nor do you relinquish them. PORTUGAL: If you live in Portugal, in addition to the provisions for EU citizens set out above, the following provisions apply to you, which, to the extent required by applicable law, replace all conflicting provisions of this agreement: Language: The Portuguese version of this agreement applies. Changes: Grindr will notify you of any material changes to the Services and / or Policies and these Terms and Conditions. Renewals: Grindr will notify you in advance (directly or through an app store) of the renewal date of the premium subscription or trial subscription before your credit or debit card is charged. Moral rights: You do not waive your moral rights to your user content, nor do you relinquish them. GERMANY: The following provisions apply to all persons residing in Germany and replace all conflicting provisions of this agreement, insofar as required by applicable law: Consent to data deletion: You acknowledge that by using the Grindr services you consent to the deletion of your data (e.g. chat messages to other users) after delivery to the other user. Limitations of liability: The following provisions apply instead of conflicting or contradicting formulations in the provisions: We are only liable as follows: We have unlimited liability in accordance with the statutory provisions (i) for damage resulting from injury to life, limb or health; (ii) in the event of intent; (iii) in the event of gross negligence; and (iv) in accordance with the Product Liability Act. Without this restricting the above, we are only liable for slight negligence in the event of a breach of an "essential" obligation under this contract. " "Essential" duties in this sense are duties that are necessary for the fulfillment of the contract, the breach of which would jeopardize the achievement of the purpose of the contract, and on the compliance of which you can therefore regularly rely. In these cases, liability is limited to foreseeable damage that is typical for the contract; in other cases there is no liability for slight negligence. As far as the liability of Grindr is excluded or limited according to the above regulations, this also applies to the liability of Grindr for its legal representatives, employees and vicarious agents. These limitations of liability remain in effect beyond the end of the contractual relationship between you and Grindr and beyond the duration of your use of the Grindr services. Price increases: Without prejudice to Section 6, we will increase our prices and only change the services insofar as this is permissible under German law. No exemption: Section 17 does not apply to you. Suspension: Grindr may only suspend your account if you violate this Agreement or the law. In the event of a block, Grindr will make all refunds required by German law. The refund will be made using the same payment method that you used for the original payment, unless expressly agreed otherwise. Moral rights: You do not waive your moral rights to your user content, nor do you relinquish them. CANADA: The following provisions apply to all residents of Canada and supersede any conflicting provisions of this Agreement to the extent required by applicable law: Dispute Resolution: Sections 21.3–21.7 (Arbitration) and / or 21.11 (Class Action Waiver) do not apply to you if these provisions are not enforceable under the laws of your place of residence. Section 21.8 continues to apply in such cases. Withdrawal Rights: Citizens of some provinces may have withdrawn rights as required by local law to cancel Premium Services. Grindr takes these rights of withdrawal into account. AUSTRALIA: The following provisions apply to all residents of Australia and supersede any conflicting provisions of this Agreement to the extent required by applicable law: Transfer of Personal Data Abroad: By consenting to the transfer and processing of your data in the United States and any other legal system in the world, you understand that other legal systems (including the United States) may not have data protection standards that fall under the Australian Privacy Act ) from 1988. You may not have a legal remedy against Grindr as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act apply. Reverse Engineering: Restricting the modification, disassembly, decompilation or reverse engineering of the Grindr Services is subject to your rights under Part III Area 4A (“Non-Copyright Infringement In Computer Programs”) of the Australian Copyright Act of 1968. Consumer Warranties: Grindr's liability for any applicable consumer warranties under Part 3-2 Area 1 of Australian Consumer Law is limited to: the replacement of the goods, the delivery of equivalent goods (or the assumption of the costs of replacement or delivery) or the repair of the goods (or the assumption of the repair costs) in the event that goods are delivered to you; and the re-provision of services or the assumption of the new services if services are provided. ARGENTINA: The following provisions apply to all residents of Argentina and replace all conflicting provisions of this agreement, insofar as required by applicable law: Withdrawal within a 10-day withdrawal period. You have the right to revoke your decision to purchase the Grindr Premium Services within ten (10) days without giving a reason. The withdrawal period ends ten (10) days after purchasing the Grindr Premium Services. If you have taken a free trial subscription, the cancellation period ends ten (10) days after the trial subscription begins. In order to exercise your right to withdraw within the ten (10) day period, please inform us of your intention to withdraw in a clear statement at help@grindr.com. We will immediately confirm receipt of such a cancellation by email. In order to meet the withdrawal deadline, it is sufficient to send us your notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. There are no separate cancellation costs, however, unless otherwise specified in this agreement, no payments will be refunded. We will reimburse you the pro rata amount of the premium fee for the unused period of your premium services. A premium fee does not apply for the period up to the notification of your withdrawal (excluding a free trial period in which no payment has been made) and we will not reimburse you for this portion of the premium services. We will refund you the amount without undue delay. The refund will be made using the same payment method that you used for the original payment, unless expressly agreed otherwise. Unlawful Content Reporting and Removal Guidelines: If you are a citizen of Argentina, the Unlawful Content Reporting and Removal Guidelines in Section 21 do not apply to you. If you are of the opinion that content on Grindr services is causing you harm and is to be regarded as obviously illegal, you can instead send Grindr a notification in which the content in question is pointed out and which documentation is to prove your identity as well as precise information about the contains damage caused by the content. Grindr will review the claim and remove the content in the event of obvious illegality (i.e. child pornography, data that makes it easier to commit a crime, references to crime or racism, etc.). Any other harmful content that is not manifestly illegal will not be removed by Grindr unless you submit a court order to remove the content in question. Please send notices of any kind for these purposes to legal@grindr.com. BRAZIL: The following provisions apply to all residents of Brazil and supersede all conflicting provisions of this agreement, insofar as required by applicable law: Right of withdrawal: You have the right to cancel your Grindr services within seven (7) calendar days without giving a reason. The withdrawal period ends seven (7) calendar days after purchasing the Grindr Services. In order to exercise your right to withdraw within the seven (7) day period, please inform us of your intention to withdraw in a clear statement at legal@grindr.com. We will immediately confirm receipt of such a cancellation by email. In order to meet the withdrawal deadline, it is sufficient to send us your notification regarding the exercise of the right of withdrawal before the withdrawal period has expired. We will reimburse you for all fees already paid. We will reimburse you the amount without undue delay and as soon as possible after notification of your intention to cancel. The refund will be made using the same payment method that you used for the original payment, unless expressly agreed otherwise. The arbitration regime does not apply to you. Any legal dispute arising from this agreement will be resolved in a competent court at the place of residence of the respective user. Notification of the removal of sensitive or confidential content: In the event of unauthorized disclosure of your images, videos, photos and other materials that contain nude photos or confidential sexual content, Grindr undertakes to take all necessary measures to fully and as quickly as possible to access the corresponding content remove, as far as feasible from our technical services and provided that you inform us of the violation by showing and specifying the infringing content. In addition, you can notify us of inaccurate, abusive, offensive or undesirable content so that we can take the necessary action to remove the content, if applicable. Application of Brazilian law: The contracting parties agree that Brazilian law applies to this agreement, in particular with regard to rights to the protection of privacy, personal data and the confidentiality of private communications and protocols. The contracting parties undertake to comply with all applicable Brazilian laws. Keeping Records of Your Account: We will keep your application logs confidential and in a secure and controlled environment for six (6) months from the beginning of the subscription, in accordance with applicable Brazilian law. We reserve the right to disclose application logs and / or other account records, including confidential notices, in order to comply with court orders. Fees: You will be notified via a message on your mobile device if there are any fees for the use of all or part of the Grindr Services so that you can either (i) accept the service and the associated fees, and you will then be prompted for your credit card details ; or (ii) refuse the relevant service and continue to use the free portion of the Grindr services. Limitation of Liability: The provisions of this agreement related to the limitation of liability generally do not apply, as the indemnity obligation is a public order regulation in Brazil. The contracting parties are aware that under Brazilian law, indemnification is not permitted for indirect damage, but only for actual damage and loss of profit caused directly and immediately. Limitation Period for Your Claims: The provisions in this Agreement regarding the limitation period may not apply to you if applicable Brazilian law provides a different limitation period for a particular claim. If so, your claim will be subject to the statute of limitations set out in the relevant Brazilian regulation. Changes to this Agreement: We reserve the right to change the terms of this Agreement at any time, for any reason, and in our sole discretion, without your prior consent. You will be informed of such changes. Effective date: April 1, 2020 or the date of user consent