GRINDR'S TERMS AND CONDITIONS OF SERVICE
Welcome to Grindr LLC's ("Grindr", "We", "Us", "Our") mobile software application ("Grindr Software"), the website and any other mobile, web or application services held , controlled or offered by Grindr, now or in the future (collectively, “Grindr Services”).
For clarity, it should be noted that any references in this document to "Grindr Services" include "Grindr Software".
Users who access, download, use, purchase and / or subscribe to Grindr's Services (collectively or individually "User" or "Users") must do so in accordance with the following Terms and Conditions of Service (this "Agreement").
THIS AGREEMENT IS A LEGAL BINDING AGREEMENT BETWEEN THE USER AND GRINDR.
READ THE AGREEMENT CAREFULLY BEFORE USING ANY GRINDR SERVICE.
BY ACCESSING, DOWNLOADING, USING, PURCHASING AND / OR SUBSCRIBING TO THE GRINDR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE CONTENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF THE USER DOES NOT INTEND TO ACCEPT THIS AGREEMENT, PLEASE IMMEDIATELY STOP USING THE GRINDR SERVICES.
SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES BETWEEN GRINDR AND THE USER.
IN PARTICULAR, THE ARBITRATION AGREEMENT IN THIS SECTION REQUIRES, WITH LIMITED EXCEPTIONS, THAT DISPUTES BETWEEN GRINDR AND THE USER BE SUBJECT TO FINAL AND BINDING ARBITRATION, UNLESS THE USER DECLINES AGAIN.
FURTHERMORE: (1) THE USER WILL ONLY ENSURE YOUR RIGHTS AGAINST GRINDR ON AN INDIVIDUAL BASIS AND NOT IN ANY CLASS PROCESSES OR REPRESENTATIVE SHARES; AND YOU SHOULD (2) WAIVE YOUR RIGHT TO CONTACT A COURT AND SEEK A JURY TRIAL FOR LEGAL ACTIONS.
FOR FURTHER INFORMATION REGARDING THIS ARBITRATION AGREEMENT, ITS POSSIBLE EFFECTS AND POSSIBILITY TO OPPOSE IT, SEE SECTION 21.
IF THE USER IS A RESIDENT IN THE EUROPEAN UNION, THE UNITED KINGDOM OR IN CERTAIN OTHER COUNTRIES OUTSIDE THE UNITED STATES, MUST REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS ("SPECIAL TERMS").
IF THE USER IS RESIDENT IN ONE OF THE COUNTRIES INDICATED IN THE SPECIAL TERMS, HE MAY HAVE ADDITIONAL RIGHTS, OR SOME PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, THEY MAY NOT APPLY TO THE USER.
It is recommended that you save a copy of this Agreement for future use.
You can receive a copy of this Agreement by sending us an email to: help@grindr.com, Subject: Terms of the service contract.
AGE AND SAFETY RESTRICTIONS.
USE FORBIDDEN TO MINORS.
NO PERSON UNDER THEIR EIGHTEEN (18) (OR TWENTY-ONE (21) YEARS OF EIGHTEEN (18) YEARS WHERE THE AGE IS THE AGE OF AGE) MAY VIEW, OWN OR USE THE SERVICES OF GRINDR, DIRECTLY OR INDIRECTLY.
YOU MUST BE AGE OF AGE.
WITH THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) (OR TWENTY-ONE (21), INSTEAD OF EIGHTEEN (18), WHERE YOU ARE THE MOST AGE), THAT YOU ARE ABLE TO ASSUME THE OBLIGATIONS OF THIS AGREEMENT AND TO COMPLY WITH ALL THE OBLIGATIONS THAT RESULT FROM IT.
SAFETY.
GRINDR IS NOT RESPONSIBLE FOR THE USE OF THE GRINDR SERVICES OR FOR THE ACTIONS OF OTHER USERS WITH WHICH THE USER MAY EXCHANGE INFORMATION OR HAVE CONTACTS.
GRINDR DOES NOT PERFORM CRIMINAL OR OTHER BACKGROUND CHECKS OF ITS USERS.
GRINDR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH REGARD TO HEALTH, IDENTITY, PHYSICAL CONDITION OR ANY OTHER ASPECT.
MOREOVER, GRINDR IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES DUE TO USER USE IN PLACES THAT COULD REPRESENT A CRIMINALIZATION ATTEMPT OR LIMIT PERSONAL INTERACTIONS.
THE USER MUST MAKE INFORMED DECISIONS ON THE USE OF THE APPLICATION IN HIS COUNTRY AND ASSESS THE POTENTIAL NEGATIVE CONSEQUENCES.
WARNING: IMPORTANT DISCLAIMER OF LIABILITY WITH REGARD TO LOCATION DATA.
THE GRINDR SERVICES ARE TO BE INTENDED EXCLUSIVELY AS PERSONAL AND LOCALIZATION SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR CONSIDERED AS AN EMERGENCY LOCATION SYSTEM WHEN DRIVING OR WITH OPERATING VEHICLES, NEITHER REQUIRED TO BE USED FOR USE. PROOF OF ERROR OR ANY OTHER APPLICATION WHERE FAILURE OR INACCURACY OF THIS APPLICATION OR OF THE GRINDR SERVICES COULD DIRECTLY CAUSE DEATH, PERSONAL INJURY, OR SERIOUS DAMAGE TO PERSONS OR PROPERTY.
GRINDR IS NOT INTENDED NOR SUITABLE FOR FINDING FAMILIES, MONITORING THE FLEET OR ANY OTHER KIND OF COMMERCIAL OR BUSINESS USE.
THERE ARE CURRENTLY OTHER PRODUCTS THAT MAY BE USED SPECIALLY FOR THESE PURPOSES.
INTERNATIONAL USERS.
Use outside the United States of America.
The Grindr Services are controlled and offered by Grindr from the United States of America and, regardless of the User's place of residence, their use is governed by the law of the State of California, United States.
Grindr makes no representations regarding the appropriate use of the Grindr Services in other locations or their legality in all jurisdictions.
Those who access or use the Grindr Services from other locations do so at their own risk and are responsible for compliance with local laws.
The User agrees to the transfer and processing of data in the United States of America and in any other jurisdiction in the world.
See our Privacy Policy for more information on the collection, use and transfer of user data.
Special terms.
Users residing in certain countries, including those of the European Union and the United Kingdom, may enjoy additional rights or some parts of this Agreement may not be applicable to the User if provided for by the law of the respective jurisdiction.
See the Special Terms for International Users for more details.
English language.
Grindr may provide translations of this Agreement and local language versions of the Grindr Services for the convenience and convenience of international users.
This Agreement has been written in English and in the event that the translated version of this Agreement is inconsistent with the English version, the English version will prevail.
Likewise, Grindr reserves the right to correct translation errors and similar problems caused by the local language versions of this Agreement and the Grindr Services.
REGISTRATION AND USE OF THE ACCOUNT
Account registration.
If the User creates an account in any of the Grindr Services (a "User Account") and sends information to Grindr, the User must ensure that such information is accurate.
If the information changes, the User must promptly update it.
The accounts are for the exclusive use of the User.
It is not possible to use third party accounts at any time.
The User may not buy, sell, rent or lease access to his User Account or username without Grindr's written authorization.
The User cannot share or otherwise transfer their User Account or their credentials.
Account Security.
The user is solely responsible for maintaining the confidentiality of the password and information of his / her account.
The user is also solely responsible for all activities that occur in connection with their account and undertakes to immediately notify Grindr of any unauthorized use of their account or any other breach of security.
Grindr is not responsible for any loss, damage, liability, costs or legal fees that may arise as a result of others using your password or account, with or without your permission. .
Grindr has no obligation to keep the User's Account data.
Grindr is under no obligation to retain account data or any other data or information that the User may have stored through the Grindr account or Services for your convenience.
The Grindr Services are not intended for data retention.
The User is solely responsible for backing up the data (eg.
by separately saving the contact information of people we meet through the Grindr Services).
PRIVACY POLICY The collection, use and sharing of personal data and other information relating to the User are subject to Grindr's privacy policy.
The User agrees to the collection, storage, use and sharing of this information as indicated in our Privacy Policy.
CHANGES TO THE SERVICE.
Grindr reserves the right, at its discretion, to modify, add or discontinue the Grindr Services or any part thereof, at any time, for any reason and without notice or liability to the User, except as provided in Section 6.
However, we reserve the right to make such changes, additions or interruptions without notice, if necessary, to comply with the law, protect or enforce legal rights, or otherwise to address or prevent an emergency.
If we make significant changes to the Premium Services that: (a) reduce the functionality available on that Premium Service and (b) are mandatory (that is, do not require the Grindr Software to be updated to become effective); the User can close his account accordingly 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 rates at any time, provided that any changes do not affect the rates for Premium Services already paid by the User. .
OWNERSHIP AND OWNERSHIP RIGHTS The Grindr Services are owned by Grindr from which they are operated.
Grindr's Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including mobile applications, and all other elements of Grindr's Services (collectively, the “Materials”) are protected by United States copyright, commercial image, patent and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws.
All Materials contained in the Grindr Services are owned by Grindr or its subsidiaries or affiliates and / or third party licensors.
All trademarks, service marks and trade names displayed on the Grindr Services are owned by Grindr or its affiliates and / or third party licensors.
Except as expressly authorized by Grindr under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, modify, adapt, create derivative works from or use in any other way the Materials.
GUIDELINES FOR USE, RULES OF USE AND PROHIBITED BEHAVIOR AND USES.
THE GRINDR USER PROFILE GUIDELINES, available at http://www.grindr.com/community-guidelines/ ("Guidelines"), periodically amended, are incorporated by reference into this Agreement.
Please read the Guidelines carefully before using the Grindr Services.
GRINDR CAN DELETE ANY MATERIAL SENT AND DELETE THE ACCOUNT.
Grindr may request that you delete, or Grindr itself may delete, any User Content (as defined below) at any time and for any reason or for no specific reason.
If the User Content violates the Guidelines of this Agreement in any way, as established by Grindr, such violation may result in the cancellation of the User Account and lead to the interruption of access to the Grindr Services.
THE USER UNDERSTANDS, ACKNOWLEDGES AND ACCEPTS THE FOLLOWING TERMS RELATING TO PROHIBITED BEHAVIOR AND USES LISTED BELOW:
the User will NOT use the Grindr Services or any information displayed within the Grindr Services to "stalk", harass, abuse, defame, threaten or defraud other users; violate the privacy or other rights of users; o collect, attempt to collect, store or disclose personal or location information of other users without authorization;
the User will NOT include pornographic or offensive materials, nor harmful materials on the personal profile page of the Grindr Services;
You will NOT use the Grindr Services for any public or commercial purpose, such as the sale or advertising of goods or services, and you acknowledge that the Grindr Services are offered solely for personal, non-commercial use in the manner and for the purposes that Grindr is proposed;
You will NOT use Grindr's services to commission or encourage purposes that are unlawful or in violation of any local, state, national or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy as well as control of import or export activities;
the User will NOT include in his personal profile page, materials containing videos, audio, photographs or images of any person under the age of eighteen (18) years or of any person over the age of eighteen (18) without his explicit authorization;
the User will NOT make unsolicited offers, advertising communications and proposals or send unsolicited mail to other users of the Grindr Services.
This includes advertisements, promotional materials or other unsolicited advertising material, mass mailings of commercial advertising, spam, informational announcements, requests for charities and signatures for petitions, surveys or requests to participate in surveys or studies;
the User will NOT appear on behalf of another person or entity, falsely claiming an affiliation with another person or entity or accessing the Grindr user accounts of other users;
the User will NOT misrepresent the source, identity or content of information transmitted through the Grindr Services;
the User will NOT view the Grindr application or profile data on any external monitor or display or in any public place;
You will NOT remove, circumvent, disable, damage or interfere in any way with any security-related features of the Grindr Services, any features that prevent or restrict their use or that copy any content accessible through the Grindr Services or features. that impose limits on the use of the Grindr Services;
the User will NOT intentionally hinder or damage the operation of the Grindr Services or any use by the User, in any way, including the uploading or spreading of viruses, worms or other harmful codes;
You will NOT post, store, send, transmit or disseminate any information or material that a reasonable person might find objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, derogatory, offensive by racial, ethnic or in any other way, to any group or individual, intentionally misleading, false or otherwise improper, regardless of whether such materials or their dissemination are illegal or not;
the User will NOT publish, store, send, transmit or disseminate information or materials that violate patents, trademarks, trade secrets, copyrights or other rights of any person;
the User will NOT use the Grindr Services with products, systems or applications installed, otherwise connected or in communication with vehicles enabled for navigation, positioning, shipping, real-time road guidance, fleet management or similar applications;
You will NOT use the Grindr Services in connection with hazardous environments that require fail-safe performance or any application where the failure or inaccuracy of that application or the Grindr Services could result in death, personal injury or injury or goods;
You will NOT attempt to gain unauthorized access to the Grindr Services, or any part of them, other accounts, computer systems or networks connected to the Grindr Services, or any part thereof, by hacking, password mining or any other means, nor will it interfere or attempt to interfere with the proper functioning of the Grindr Services or with any activity performed by the Grindr Services;
the User will NOT explore, analyze or test the vulnerability of the Grindr Services or any system or network; will not use any robot, spider, scraper or any other automated tool to access the Grindr Services for any purpose without express written permission; will ignore robot exclusion headers or any other measures Grindr uses to prevent or restrict access to Grindr's Services; will not modify the Grindr Services in any way or form; will not use or develop applications or other products that interact with Grindr's Services or provide access to other Users' content or information without Grindr's written permission; will not use modified versions of the Grindr Services, including for the purpose of gaining unauthorized access to the Grindr Services; is
the User will NOT hinder users while using or enjoying the Grindr Services, nor will they support or encourage the activities prohibited by this Agreement.
PREMIUM SERVICES AND PURCHASES
Premium Services.
Some Services, such as Grindr Xtra or Grindr Unlimited, may only be accessible by creating a User Account and paying a fee (“Premium Services”).
Through these accounts, the User will be able to access these Premium Services for a certain period, which will be automatically renewed.
Information on the renewal period and total cost of each Premium Service offering will be available as part of the Grindr Services or elsewhere where Premium Services are offered.
AUTOMATIC RENEWAL OF PREMIUM SERVICES.
PREMIUM SERVICES ARE AUTOMATICALLY AND CONTINUOUSLY RENEWED AT THE END OF THE SUBSCRIPTION PERIOD AND THE PAYMENT METHOD IS AUTOMATICALLY CHARGED FOR THE RENEWAL PRICE IN FORCE (PLUS APPLICABLE TAXES), WITHOUT ANY ADDITIONAL ACTION BY THE USER.
THE USER ACKNOWLEDGES AND AGREES THAT THE PREMIUM SERVICES ARE AUTOMATICALLY RENEWED, UNLESS THE USER REQUESTS THE CANCELLATION OF THE RENEWAL OR GRINDR DECIDES ITS SUSPENSION OR TERMINATION IN ACCORDANCE WITH THIS AGREEMENT.
CANCELLATION POLICY.
THE USER MAY CANCEL THE SUBSCRIPTION TO THE PREMIUM SERVICES AT ANY TIME, SUBJECT TO COMPLIANCE WITH THE TERMS OF THIS AGREEMENT.
TO CARRY OUT THE CANCELLATION, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE GRINDR SERVICES.
THERE ARE NO CANCELLATION FEES.
TO OBTAIN INSTRUCTIONS FOR CANCELLATION OF PREMIUM SERVICES, SEND A REQUEST VIA E-MAIL AT help@grindr.com.
Trial of the Premium Service.
Access to Grindr's Premium Services may be periodically available for a short free trial period ("Trial" or "Premium Service Trial").
This Agreement also applies to all trial periods.
The user may be required to provide credit or debit card details when registering for the trial period.
In this case, the corresponding amount will be charged to the user's credit or debit card only if the cancellation is not made before the end of the trial period.
If Grindr requests credit or debit card details and the User does not cancel before the end of the Trial period, the Trial can be converted to a paid subscription and the amount of the subscription fee requested at the time of The start of the Trial may be charged to your credit or debit card.
The Premium Service Trial is not available for Users who have already used the Premium Services or for Users who have previously performed a free trial of the service and canceled before paying the fee for the Premium Services.
Shopping.
Grindr reserves the right to correct errors (by modifying the information relating to Grindr's Services or by communicating the error to the User in order to allow him to cancel the order) or to update the information at any time without notice.
Grindr may accept or decline individual order cancellation requests at its absolute discretion.
All sales are final.
Promotional codes.
Grindr may, from time to time and in its sole discretion, offer certain promotional codes which entitle you to discounts.
Promotional codes are non-transferable and cannot be redeemed for cash, vouchers, or redeemable for previous purchases.
There is no possibility of replacing them with money.
Additionally, promotional codes cannot be used in conjunction with any other promotional offers or discounts and must be redeemed by the published date, if available.
Unused promotional codes cannot be replaced.
One promotional code per customer is allowed.
Promotional codes are not valid where their use is prohibited.
Grindr may discontinue or modify any promotional program at any time and at its discretion.
Payments are non-refundable.
Except as expressly and otherwise provided in this Agreement (including Section 24 where you are resident in certain states of the United States and Special Terms where you are resident in certain countries), all payments made at Grindr are final and all charges are non-refundable.
Cancellations are valid from the next billing period in which payment is due, except as expressly and otherwise provided in this Agreement.
Taxes.
Unless otherwise specified at the time of purchase, all payments to Grindr do not include taxes, duties or duties required by the tax authorities, therefore the User is responsible for paying such taxes, duties or duties.
Microtransazioni.
Periodically, the User may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license for certain additional features to be used exclusively in the Grindr Services (collectively, "Microtransactions").
Grindr reserves the right to charge fees, in its sole discretion, for the right to access or use additional features and / or may distribute these for free or not.
Grindr may manage, adjust, control, modify or delete Microtransactions and / or additional features at any time.
Any balance relating to additional features displayed in the user's account does not constitute a real balance nor does it reflect any stored value, but instead constitutes a measure of the extent of the user's license.
Additional features do not incur costs for non-use; however, the license granted to the User by Microtransactions will terminate in accordance with the terms of this Agreement when we stop providing the Grindr Services or if the User's Account is otherwise closed or deleted.
Grindr will have no liability to the User or any third party in the event that Grindr exercises these rights.
The provision of additional functionality for use in the Grindr Services is a service that begins immediately upon acceptance of such Microtransactions.
ALL MICRO-TRANSACTIONS MADE THROUGH GRINDR'S SERVICES ARE FINAL AND NON-REFUNDABLE.
THE USER ACKNOWLEDGES THAT GRINDR IS NOT OBLIGED TO PROVIDE A REFUND FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER FEES FOR ADDITIONAL FEATURES NOT USED WHEN AN ACCOUNT IS CLOSED, REGARDLESS OF THE FACT THAT THIS UNSOLIDLY CLOSED.
USE.
You acknowledge that access to some of the Grindr Services is only possible by downloading the Grindr Software on a mobile device.
The User will not be able to view the Content (including chat) without having downloaded the Grindr Software and registered an account.
GRINDR RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR THE USE OF THE GRINDR SERVICES BY ANY USER, INCLUDING REGISTRATION OR MESSAGE FUNCTION, AS WELL AS THE USE OF OR ACCESS TO INFORMATION CONCERNING THE LOCATION AND PROFILES OF OTHER USERS.
CONSEQUENTLY, GRINDR ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER USE OF OR ACCESS TO GRINDR SERVICES, INCLUDING INFORMATION CONCERNING THE LOCATION OR PROFILES OF OTHER USERS, OR TO (B) DELETE ANY ACCOUNTS , FOR ANY REASON AND WITHOUT ANY NOTICE OR LIABILITY TO YOU.
REFUNDS WILL BE PAID ONLY IF EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
The User is solely responsible for his involvement with other Users and for all content and materials he provides to Grindr Services.
The User agrees that Grindr will not be liable for any loss or damage suffered as a result of such interactions.
Grindr reserves the right, but not the obligation, to monitor disagreements between multiple users.
Grindr does not control the content of the User Accounts and profiles.
Grindr has the right, but not the obligation, to monitor such content for any purpose.
The User acknowledges that he is solely responsible for all content and material he provides to the Grindr Services.
REFUSAL OR SUSPENSION OF THE SERVICE BY GRINDR
The User can delete the Account at any time and for any reason, by following the instructions in the Grindr Services.
This Agreement will terminate immediately upon cancellation of the account, except as provided in Section 25.4 below.
If the User has a User Account set up with periodic billing for the Premium Service, the User can cancel their Account at any time.
The User will continue to have access in any billing period or in the periods in which the payment was made.
Grindr may suspend or terminate any user account you have with the Grindr Services or access or use of the Grindr Services or any part thereof, if Grindr believes that the content of your profile or the Your conduct within the Grindr Services violates our Terms of Service or if you have otherwise violated this Agreement, or for any other reason, in your sole discretion, in compliance with Sections 11.4 and 11.5 below.
Grindr may also remove and delete all or part of the User Account or any Content (as defined below) at any time.
You agree that any termination of your access to the Grindr Services or any user account or any portion thereof may be made without notice (except as provided in Section 11.4 below) and you agree that Grindr will not be liable to you or to any part thereof. third party for such termination and that refunds will only be given as expressly provided for in this Agreement (including Section 11.5 below).
For example, Grindr may deactivate the User Account in the event of prolonged periods of inactivity.
Without limiting its other rights, Grindr reserves the right to delete all User Content from the Grindr Services in the event of deletion or deletion of the User Account.
Any suspicious, offensive or illegal fraudulent activity that may result in the termination of the use of the Grindr Services can be entrusted to the competent judicial authorities.
These measures are in addition to any other measures Grindr may take under the law or on an equity basis.
If you have paid for a Premium Service, Grindr will provide you with at least 30 days' notice to terminate your access to the Grindr Services or any User Account, unless the content of your profile or your conduct at within the Grindr Services does not violate our Terms of Service or has otherwise violated this Agreement, in which case Grindr may immediately suspend or terminate your access to the Grindr Services or any User Account.
If you have paid for a Premium Service and Grindr terminates your access to the Grindr Services or any User Account, Grindr will pay a prorated refund for any pre-paid but unused amount for such Premium Services; Provided there is a likelihood that Grindr will terminate User access to Grindr Services or any User Account because it has violated our Terms of Service, Grindr will be entitled to withhold any amounts paid for Grindr Services.
However, where required by law (such as in the UK), Grindr will only withhold an amount to cover all costs and other losses it will incur as a result of the breach or infringement, which could still mean that no refund will be due.
The User acknowledges and accepts that Google, Apple or another third-party platform provider (as appropriate, based on the device and operating system used) may be the official seller for transactions involving the Grindr Services.
As such, it may be necessary to request any refunds to which the User is entitled under this Agreement through the App Store, Google Play or other third-party platform (as applicable).
If the User believes that Grindr has suspended or deleted his User Account by mistake, he can contact Grindr at the e-mail address help@grindr.com at any time.
USER CONTENTS
The Grindr Services allow all Users to send content and materials (such as images, ideas, notes, concepts or creative suggestions) to Grindr and other users ("User Content") and allow hosting, sharing and / or posting such User Content with Grindr and other users.
The User is solely responsible for their own Contents and the consequences of their online upload or publication.
In relation to the User Content, the User represents and warrants: (i) that he possesses or has the necessary licenses, rights, authorizations and permissions to use and authorizes Grindr to use intellectual property rights and other proprietary rights relating to the Content you in order to allow their inclusion and use in accordance with the Grindr Services and this Agreement; and (ii) to have the written consent, release and / or authorization of each individual identifiable person in the User Content for the use of each individual's name or image referred to in the User Content, in order to allow their inclusion and use in accordance with the Grindr Services and this Agreement.
For the sake of clarity, the User holds all ownership rights over their User Content.
You understand that, by 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 relating to such User Content. user.
The User also acknowledges and agrees to be exposed to inaccurate, offensive, indecent or objectionable User Content.
Grindr assumes no responsibility in relation to or arising from the User Content.
Grindr assumes no responsibility for the activities of active monitoring of User Content in order to check for improper content.
Grindr may decide, in its sole discretion, to perform checks on User Content without however assuming any responsibility for User Content, without having any obligation to modify or remove inappropriate Content, and without any liability for user conduct that sent such Content.
Furthermore, Grindr makes no warranties and does not exercise any control over User Content posted by other users.
Grindr makes no warranties, express or implied, in relation to User Content or the accuracy and reliability of such User Content.
Nonetheless, Grindr reserves the right to prevent the User from sending User Content and to modify, limit or remove such Content for any reason and at any time.
User Content belongs to the User who sent it and is subject to Grindr's license terms for such Content and under this Agreement.
The user may decide not to share, view or duplicate the User Content of any other parties, except as permitted by this Agreement.
You hereby grant, and hereby represent and warrant, that you have the right to grant Grindr an irrevocable, non-exclusive, free and fully paid international license for the reproduction, distribution, public exhibition and performance, realization of derivative works, incorporation into other works as well as for any other use of your User Content, (via unlimited sub-licenses), solely for the purpose of including User Content in the Grindr Services and unless otherwise specified herein Contract.
The User agrees to irrevocably waive (and be excluded from) any claims and assertions of moral rights or attributions in relation to the User Content.
The User also grants Grindr, in connection with a sale of Grindr or Grindr's business, the right to sell or transfer User Content to third parties.
See our Privacy Policy for more information on the use, collection or sharing of information, including User Content.
If You provide Grindr with any comments or suggestions regarding Grindr's Services ("Feedback"), You grant Grindr a perpetual, irrevocable, international license (with the right to sublicense) to use such Feedback and related information. in the way it deems most appropriate.
Grindr considers any Feedback provided as non-confidential and not owned by the User.
Grindr will under no circumstances be under any obligation to offer a reward to the User for any Feedback received.
The User agrees not to send Grindr any information or ideas that he considers confidential or proprietary, or for which he expects to be rewarded.
THIRD PARTY SITES, PRODUCTS AND SERVICES; CONNECTIONS
The Grindr Services may include links to other websites or services, whether through advertising or otherwise, (“Third Party Websites”) solely for the convenience of Users.
Grindr disclaims and does not endorse any of these linked sites or the information, materials, products or services contained on such sites or accessible through the linked sites.
Further, Grindr makes no warranties, express or implied, with respect to information, materials, products or services that are contained in or accessible through any linked sites.
Access to and use of linked sites, including information, materials, products and services available on linked sites or accessible through linked sites is solely at your own risk.
Grindr does not control these third party websites, and this Agreement does not apply to companies that Grindr does not own or control or to the actions of persons not related to Grindr by an employment contract.
The User should always check the terms of use published on third party websites.
Correspondence or commercial negotiations with third parties or participation in promotions by advertisers found within or through the Grindr Services are exclusively between the User and the advertiser.
You agree that Grindr will not be held responsible for any loss or damage of any nature resulting from such transactions or as a result of the presence of such advertisers on the Grindr Services.
Parties other than Grindr may provide services or sell products through the Grindr Services.
Grindr is not responsible for examining or evaluating these services and cannot guarantee the offers of any of these companies or the content of the products and services offered.
Grindr assumes no responsibility for the actions, products and content of any of these or any other third parties.
The User must carefully read their privacy policy and other terms and conditions of use.
By using third party applications that are linked to the Grindr Services ("Third Party Applications"), You acknowledge and agree that Grindr may transmit User Content to Third Party Websites or Third Party Applications through protocol interfaces on the Application developed and operated by those Third Party Websites or Third Party Applications.
Grindr is not responsible for the transmission of User Content from the Grindr Services to Third Party Websites or Third Party Applications, nor for the use of User Content on any third party website or third party application.
The User must read the terms of service and the privacy policy of third party websites or third party applications.
Grindr is not responsible for and does not endorse any features, content or other material on or available on any third party Websites or Applications.
Grindr also does not monitor, inspect or endorse any third party Websites or Applications.
Consequently, if the User decides to access the Third Party Websites or the Third Party Applications, he does so at his own risk and accepts that the use of such Websites or the Third Party Applications will be "as is" without any guarantee. about Third Party Websites or Applications, and that this Agreement does not apply to Your use of Third Party Websites or Applications.
You acknowledge and agree that Grindr may enter information obtained through the Grindr Services regarding your Content and the location of your Accounts, between third party information sources and third party applications while providing the Services. Grindr.
To the extent that any of the User Content contains the User's personal data (as defined in the Privacy Policy), any transfer of such personal data will be subject to the Privacy Policy.
ADVERTISING Grindr and its licensors may publicly display advertisements and other information relating to User Content.
The User is not entitled to any compensation for such advertisements.
The manner and extent of such advertising are subject to change without specific warning or without holding Grindr responsible for the User.
END USER LICENSES
Mobile device.
To use the Grindr Software you must have a mobile device compatible with the Grindr Services.
Grindr does not guarantee that the Grindr Services are compatible with the User's mobile device.
The User is responsible for paying any telephone charges due to the use of the Grindr Services, including expenses for text messages, roaming, data traffic.
If the User does not have the correct information on the rates that will be applied, he can contact his mobile phone provider before using the Grindr Services.
Grant of License.
Subject to acceptance of the terms of this Agreement, Grindr hereby grants you a non-exclusive, non-transferable and revocable license that allows you to: (i) use a completed copy of the Grindr Software code for your Account on a mobile device owned by or leased by You for personal, non-commercial use and (ii) use the Grindr Services (except Grindr Software) for personal, non-commercial use intended by Grindr, as publicly and periodically communicated by Grindr.
Limitations.
The User may NOT: (i) modify, disassemble, decompile or reverse engineer the Grindr Services or any technology available in connection with the Grindr Services, except where such restriction is expressly prohibited by law without the possibility of contractual waiver; (ii) rent, lease, loan, resell, sub-license, distribute or otherwise transmit the Grindr Services to third parties or use the Grindr Services to provide a time sharing or similar service to third parties; (iii) make copies of the Grindr Services; (iv) remove, circumvent, disable, damage or in any way interfere with the security features of the Grindr Services, functions that prevent or restrict use or copy any content accessible through the Grindr Services or functions that impose limits use of the Grindr Services; or interacting with the Grindr Services, except to the extent that such limitation is expressly prohibited by law without the possibility of contractual waiver; or (vi) delete the copyright and other proprietary rights notices in the Grindr Services.
Updates.
The User acknowledges that Grindr may periodically release updated versions of the Grindr Services and that it can automatically electronically update the version of the Grindr Services that it uses on its mobile device or any other device.
The User accepts that this automatic update is carried out on his mobile device and that the terms and conditions of this Agreement are applied to such updates.
The User accepts that Grindr is not held responsible for such updates.
Open source.
To the extent that the Grindr Services use any open source or third party code that may be incorporated into the Grindr Services, such code is covered by the applicable open source or third party license or EULA, if any, which authorizes the use of such code.
Nothing in this Agreement limits the user's rights or grants the user rights that supersede the terms and conditions of any end-user license for such open source software.
The User can contact Grindr at the e-mail address legal@grindr.com (inserting "Open source" in the subject of the e-mail) for further information.
All rights reserved.
The license described above granted under this Agreement does not constitute a sale of the Grindr Services or a copy thereof, and Grindr, its third party partners or suppliers retain all right, title and interest in the Grindr Services (and any copies thereof).
Any attempt by the User to transfer the rights, skills or obligations indicated below, except as expressly provided for in this Agreement, will not be considered valid.
Grindr reserves all rights not expressly granted by this Agreement.
Trademarks, service marks and logos.
The names and logos associated with the Grindr Services are the property of Grindr.
In no case is the use of these trademarks allowed, except in cases where you have the written authorization and consent of Grindr.
All rights reserved.
Government End Users.
Grindr's Services are intended for use by individuals and not government entities.
If Grindr authorizes the use of the Grindr Services on behalf of the United States Government or the United States Government uses the Grindr Services without authorization, use, copy, display, modify, reproduce, publish, the execution, distribution and disclosure of the Grindr Services (or any portion thereof) by the US Government is subject to the limitations set forth in this Agreement and as set forth in articles: DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), 252.227-7013 (c) (1) (ii) DFARS (October 1988), FAR 12.212 (a) (1995), FAR 52.227-19 or FAR 52.227-14 (ALT III), where applicable .
Otherwise, nothing in this Agreement will give government users any greater rights in respect of the Grindr Services than is provided in this Agreement.
Export control.
Grindr's Services originate in the United States and are subject to United States export laws and regulations.
The Grindr Services cannot be exported or re-exported by the User to certain countries or to persons or entities not authorized to receive export material from the United States.
Additionally, Grindr's Services may be subject to the import and export laws of other countries.
The User agrees to comply with all US and foreign laws on the use of the Grindr Services.
App Store.
You acknowledge and agree that the availability of Grindr Services depends on third parties, i.e. the parties from which you received Grindr Services to You, for example, Android Market or Apple's App store (each referred to as the "App Store"). .
The User acknowledges that this Agreement is not entered into with the App Store but between the User and Grindr.
Each App Store may have its own terms and conditions that the User must accept before downloading the Grindr Services from it.
The User undertakes to comply with all applicable terms and conditions of the App Store and accepts that the license to use the Grindr Services is subject to his acceptance of these terms and conditions.
EXCLUSIONS OF LIABILITY; NO GUARANTEE FOR THE USER
SOME STATE, PROVINCIAL AND NATIONAL REGULATIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
IF THESE LAWS ARE IN FORCE WHERE THE USER RESIDES, IT IS POSSIBLE THAT SOME OR ALL OF THE ABOVE EXCLUSIONS, THE EXCLUSIONS OF LIABILITY OR LIMITATIONS MAY NOT APPLY TO THE USER, WHO MAY HAVE ADDITIONAL RIGHTS.
REFER TO “SPECIAL TERMS FOR INTERNATIONAL USERS” FOR SOME EXCEPTIONS FOR SUCH USERS.
THE GRINDR SERVICES AND ANY SOFTWARE, SERVICE OR APPLICATION AVAILABLE IN COMBINATION WITH OR THROUGH THE GRINDR SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
GRINDR AND ITS SUPPLIERS, AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MARKETING, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF RIGHTS.
GRINDR AND ITS PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GRINDR SERVICES ARE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS ARE CORRECT OR THAT GRINDR SERVICES OR THE SERVER ON WHICH THEY ARE AVAILABLE ARE FREE OF VIRUSES HARMFUL COMPONENTS.
GRINDR AND ITS LICENSE PROVIDERS AND GRANTS (INCLUDING GRINDR'S WIRELESS THIRD PARTY OPERATORS) MAKE NO WARRANTY OR MAKE ANY WARRANTY REGARDING THE USE OR RESULTS OF USING THE SECURITY INFORMATION IN THE GRINDR SECURE , ACCURACY, RELIABILITY OR OTHER.
THE USER (AND NOT GRINDR OR ITS SUPPLIERS OR LICENSORS) BORROWS THE ENTIRE COST OF ANY SERVICE OR EQUIPMENT NECESSARY TO ACCESS THE GRINDR SERVICES.
THE USER ACKNOWLEDGES AND AGREES TO DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GRINDR SERVICES AT YOUR OWN DISCRETION AND RISK.
RELIEVE AND KEEP GRINDR UNUSED.
You agree to indemnify and hold harmless Grindr (and its subsidiaries, contractors, employees, agents, suppliers and licensors) from any claims, causes, actions, losses, costs, damages and any other liability , including legal fees, presented by third parties and arising out of or relating to: (a) the use or misuse of any location information or other Grindr Services generally, another person or entity by the User, (c) any alleged infringement or breach of this Agreement or (d) the use of the Grindr Services to meet another user in person or to locate and attend any event or offline place.
Grindr reserves the right, at the User's expense, to assume sole defense and control in matters in which the User is required to indemnify Grindr and the User agrees to cooperate with Grindr regarding such claims.
This defense and compensation obligation extends to the maximum extent permitted by law and must survive this Agreement and the use of the Grindr Services by the User.
LIMITATION OF GRINDR'S LIABILITY AND USER DAMAGES
SOME STATE, PROVINCIAL AND NATIONAL REGULATIONS DO NOT ALLOW LIMITATIONS ON LIABILITY.
IF THESE LAWS ARE IN FORCE WHERE THE USER RESIDES, SOME OR ALL OF THE FOLLOWING PROVISIONS MAY NOT APPLY TO THE USER.
REFER TO SPECIAL TERMS FOR SOME EXCEPTIONS FOR SUCH USERS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, THEREIN INCLUDING NEGLIGENCE, GRINDR (WHICH INCLUDES, FOR THE PURPOSES OF THIS SECTION 18, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, AGENTS OR LICENSORS OR THIRD PARTIES) WILL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIABILITY, CONSEQUENTIAL OR EXAMPLE DAMAGES RELATING TO OR ARISING FROM: (A) YOUR USE OF THE GRINDR SERVICES; (B) THE DISCLOSURE, EXPOSURE OR KEEPING OF LOCATION INFORMATION BY GRINDR; (C) THE USE OR INABILITY TO USE THE GRINDR SERVICES; (D) GRINDR SERVICES IN GENERAL (INCLUDING GRINDR SOFTWARE) OR THE SYSTEMS WHICH MAKE GRINDR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR AN AUTHORIZED REPRESENTATIVE HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
THE USER AGREES THAT THE LIMITATIONS OF LIABILITY INDICATED IN THIS SECTION WILL BE KEPT INDEPENDENTLY FROM THE CONCLUSION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF A LIMITED SOLUTION SPECIFIED IN THIS AGREEMENT HAS FAILED.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, THEREIN INCLUDING NEGLIGENCE, GRINDR (WHICH INCLUDES, FOR THE PURPOSES OF THIS SECTION 18, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, AGENTS OR LICENSORS OR THIRD PARTIES) WILL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIABILITY, CONSEQUENTIAL OR EXAMPLE DAMAGES RELATING TO OR ARISING FROM: (A) YOUR USE OF THE GRINDR SERVICES; (B) THE DISCLOSURE, EXPOSURE OR KEEPING OF LOCATION INFORMATION BY GRINDR; (C) THE USE OR INABILITY TO USE THE GRINDR SERVICES; (D) GRINDR SERVICES IN GENERAL (INCLUDING GRINDR SOFTWARE) OR THE SYSTEMS WHICH MAKE GRINDR SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR AN AUTHORIZED REPRESENTATIVE HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
THE USER AGREES THAT THE LIMITATIONS OF LIABILITY INDICATED IN THIS SECTION WILL BE KEPT INDEPENDENTLY FROM THE CONCLUSION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF A LIMITED SOLUTION SPECIFIED IN THIS AGREEMENT HAS FAILED.
IN NO EVENT WILL GRINDR (OR ITS SUBSIDIARIES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSE GRANTS OR THIRD PARTY SUPPLIERS) BE REQUIRED TO INDEMNIZE YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF THIS ARRIVAL AGREEMENT, OR RELATED TO, OR RELATING TO THE USE OF THE GRINDR SERVICES (WHETHER CONTRACTUAL, IN THE EVENT OF TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) FOR AN AMOUNT GREATER THAN THE AMOUNT PAID BY THE USER FOR ACCESS GRINDR'S SERVICES IN THE LAST TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM BY YOU OR FIFTY DOLLARS, IF THAT VALUE IS GREATER.
THIS SECTION 18 IS NOT INTENDED TO EXCLUDE LIABILITY THAT GRINDR CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
RECOGNITION OF THE BENEFIT OF THE AGREEMENT WITH GRINDR.
THE USER ACKNOWLEDGES AND AGREES THAT GRINDR HAS OFFERED THE SERVICES OF GRINDR, PRICED AND ENTERED INTO THIS AGREEMENT ON THE BASIS OF THE WARRANTY EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT ABOVE.
THE USER ACKNOWLEDGES AND AGREES THAT THE EXCLUSIONS OF WARRANTY AND LIMITATIONS OF LIABILITY INDICATED IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR RISK SHARING BETWEEN THE USER AND GRINDR AND FORM THE ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE USER AND THE USER.
GRINDR WOULD NOT BE ABLE TO PROVIDE GRINDR SERVICES TO YOU ON A REASONABLE ECONOMIC BASIS WITHOUT SUCH LIMITATIONS AND EXCLUSIONS OF LIABILITY.
WAIVER BY THE USER IN FAVOR OF GRINDR.
To the fullest extent permitted by applicable law, you hereby release and exonerate Grindr (as well as its directors, employees, agents, successors and assigns) from, and hereby waives and waives, any dispute, claim, litigation, demand, right, obligation, liability, action and legal action, present and future, of any kind and nature (including personal injury, emotional distress, identity theft, death, loss of property and damage), whether derived or derives directly or indirectly from, or relates directly or indirectly to (1) any interaction with, or any act or omission of, or User Content provided by, other users of the Grindr Services or (2) any site of third party, product, service and link included in or accessible through the Grindr Services.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT.
You and Grindr agree that any dispute arising or that may arise between the parties and in any way related to your use or access to the Grindr Services, any validity, interpretation, violation, execution or termination of this Agreement, or otherwise connected to Grindr in any way (collectively, “Insured Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 21.
Informal resolution.
In the event of a dispute, You and Grindr agree that before taking any formal steps, You will contact Grindr at legal@grindr.com, provide a brief written description of the dispute and contact information (including the email address associated with your Account, if the dispute relates to an account) and will wait for a period of sixty (60) days, during which Grindr will try to reach an amicable resolution for any problem with the User.
Applicable law.
You and Grindr agree that U.S. federal law, including the Federal Arbitration Act, and (to the extent not inconsistent or void by federal law) the laws of the State of California, United States of America, without regard to any conflicts in the provisions of the law, will govern all Matters relating to disputes covered by insurance, unless explicitly provided for in the Special Terms.
Arbitration.
You and Grindr agree that this Agreement and any part thereof are evidence of an interstate trade transaction and that the Federal Arbitration Act applies to all cases and governs the interpretation and enforcement of the rules. and arbitration procedures.
Any Matters Related to Insured Disputes must be resolved individually through arbitration administered by the American Arbitration Association ("AAA") in accordance with the terms of commercial arbitration (including the use of in-office proceedings, by audio or video conferencing, as appropriate. and allowed to reduce travel expenses).
The User and Grindr agree that the arbitrator must not conduct any class or collective arbitration or participate in or influence the claims of individuals or on their behalf.
You and Grindr agree that the arbitrator, and not any federal, international, state or local court or agency, will have absolute authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any request to make all or any part of this Agreement null or void or a particular claim subject to arbitration.
The User and Grindr agree that the judgment on the arbitration award may be presented in any court of competent jurisdiction.
Arbitration award for the User or for Grindr.
The User and Grindr agree that for matters where the redress action exceeds $ 5,000, the arbitrator's decision will include the essential findings and conclusions on which the arbitrator based the award.
The arbitrator will decide the substance of all claims in accordance with applicable law, including the agreed principles of fairness and will honor all claims of privilege recognized by law.
The arbitrator is not bound by the rules of previous arbitrations involving several Users, but is bound by the rules of previous arbitrations involving the same Grindr User to the extent required by applicable law.
The User and Grindr agree that the arbitration award will be final and binding and that any judgment on the award provided by the arbitrator may be presented in any court having jurisdiction in the matter.
Injunctive order and judgment of assessment.
Except as provided in Section 21.6 below, the arbitrator will determine all liability issues on the merits of any claim made by You or Grindr and may grant injunctive relief or assessment judgment only in favor of the individual party requesting. remedial action and only to the extent necessary to provide remedial action for individual claims made by the party.
To the extent that You or Grindr has requested a public injunction (i.e. an injunction that has the primary purpose and effect of prohibiting illegal acts that could pose a public threat in the future), the right and scope of that order must be resolved in a civil court of competent jurisdiction and not in arbitration after the party requesting a public injunction has prevailed in an arbitration.
The parties agree that the dispute relating to any question of public injunctive relief must remain suspended pending the outcome of the merits of any single request for arbitration.
Exceptions to the dispute arbitration agreement.
This arbitration agreement has only two exceptions:
First, if either party reasonably believes that the other party has somehow infringed or threatened to infringe the other party's intellectual property rights, the party whose rights have been infringed may apply for injunctive relief or any other provisional measure in any court of competent jurisdiction.
Second, each party will retain the right to seek remedy in a minor litigation court for disputes or claims within the scope of the jurisdiction of such courts.
Arbitration Costs.
The User and Grindr agree that the payment of all fees relating to registration, administration and arbitrator's fees will be governed by the AAA rules, unless otherwise specified in this arbitration agreement.
Future changes to the Arbitration Agreement.
Notwithstanding any other provision to the contrary in this Agreement, You and Grindr agree that, in the event of any changes to this Agreement relating to future arbitration activities, such changes will not apply to claims filed in legal proceedings against Grindr prior to the effective date of the modification.
However, the amendment will apply to all other disputes or claims governed by the agreement in reference to arbitrations that have arisen or may arise between the User and Grindr.
If the User does not accept these changes to the terms, he can close his account within thirty (30) days of publication or notification and will not be bound by the modified terms.
Judicial forum for legal disputes.
Unless otherwise agreed between You and Grindr, and except as described in section 21.6.2 (Minor Litigation Court) in the event the above arbitration agreement cannot apply to You or to a particular claim or dispute , whether as a result of the User's decision to refuse the arbitration agreement, as a result of the arbitrator's decision or the court's order, or in the case of an international user for whom this arbitration agreement does not apply, the You agree (unless otherwise required by law) that any complaints or disputes that arise or that may arise between You and Grindr should only be resolved by a state or federal court located in Los Angeles County, California (USA).
You and Grindr agree to submit to the jurisdiction of the courts located within Los Angeles County, California (USA) for the purpose of resolving such claims or disputes.
THE USER MAY REQUEST THE OPT-OUT OF ARBITRATION.
NEW GRINDR USERS MAY CHOOSE TO REJECT THE ARBITRATION AGREEMENT ("OPT-OUT") BY SENDING AN EMAIL WITH AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@GRINDR.COM ("OPT-OUT NOTICE") OR BY ORDINARY MAIL TO: Grindr LLC, PO Box 69176, West Hollywood, CA 90069 (USA).
NOTICE OF OPT-OUT MUST BE RECEIVED WITHIN THIRTY (30) DAYS FROM THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME.
GRINDR USERS MAY SUBMIT AN ARBITRATION OPT-OUT NOTICE WITHIN THIRTY (30) DAYS OF THE NEW TERMS ARE PUBLISHED.
Arbitration opt-out procedure.
To obtain the exclusion, the User must send an e-mail with name, address (including street, city, state and postal code), the e-mail addresses associated with the User's account to which he apply the opt-out and a digital image of the driver's license valid as it is at: arbitrationoptout@grindr.com.
This procedure is the only way to be able to refuse the arbitration agreement.
If You reject the arbitration agreement, all other parts of this Agreement and this Disputes section (including Section 19, Acknowledgment of the Benefit of the Agreement with Grindr, and Sections 14 to 18 (14) Publicity ; 15) End User Licenses; 16) Exclusions of liability; No guarantee for the User; 17) Indemnify and hold Grindr harmless; and 18) Grindr's Limitation of Liability and User Damage)) will continue to apply to the User.
The refusal of this arbitration agreement has no effect on any previous or future arbitration agreements that the User has or will have with Grindr.
WAIVER OF SOME RIGHTS.
BY ACCEPTING THIS AGREEMENT, YOU IRREVOCABLY WAIVE ANY RIGHT (i) TO A TRIAL IN COURT (OTHER THAN THE MINOR LIT COURTS SET OUT ABOVE), (ii) TO ACT AS REPRESENTATIVE, PRIVATE OR OTHER ACTOR REPRESENTATION OR THE RIGHT TO ATTEND AS A MEMBER OF A CLASS OF ACTORS, IN ANY CASE, ARBITRATION OR OTHER JUDICIAL PROCEEDINGS AGAINST GRINDR AND / OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED IN THIS AGREEMENT, AND (iii) WITH JURY.
LEGISLATION ON THE PRESCRIPTION OF COMPLAINTS.
REGARDLESS OF ANY CONTRACT STATUTE OR LEGISLATION, ANY CLAIM OR LEGAL ACTION ARISING FROM OR RELATED TO THE USE OF THE SITE, THE SERVICES OR THIS AGREEMENT, MUST BE SUBMITTED WITHIN ONE (1) YEAR FROM THE ARRIVING OF SUCH CLAIM, PENALTY SUSPENSION.
NOTIFICATION AND REMOVAL POLICY.
Grindr respects intellectual property rights and expects its Users to do the same.
Grindr will immediately and without notice delete the accounts of Users who are considered by Grindr to be "repeat offenders".
A repeat offender is a User who has been advised by Grindr that they have broken the law more than twice and / or whose User Content has been removed from the Grindr Services more than twice. (
Grindr reserves the right to delete accounts for a single infringement pursuant to Section 8.3).
If the User is a copyright owner or agent and believes that content hosted on the Grindr Services infringes its copyright, the User can send a notification indicating in writing the following information to the Grindr Designated Agent:
A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work that is claimed to have been infringed or, if the single notification concerns multiple copyrighted works in the applicable Grindr Services, a representative list of such works on the applicable Grindr Services;
The identification of the material that is believed to have been infringed or is subject to infringement and which should be removed, or for which access should be disabled, and reasonably comprehensive information to allow Grindr to locate such material;
Reasonably comprehensive information for Grindr to contact the complaining party, such as address, telephone number and, if available, an email address at which the complaining party can be contacted;
A statement that the complaining party believes, in good faith, that use of the material as allegedly infringing is not authorized by the copyright owner, its agents, or the law (for example, "I believe in good faith that the content protected by copyright identified in this agreement is not authorized by the copyright owner, its agent or the law "); is
A statement that the notification information is correct and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed (for example, "I swear, under penalty of perjury, that the information contained in this notice is correct, and that you are the copyright owner, or that you are authorized to act on behalf of the copyright or copyright owner who is alleged to be infringing the aforementioned content ").
Grindr's designated copyright agent who receives notifications of alleged infringements can be contacted at the following address:
Grindr LLC
For the attention of: Copyright Agent
P.O. Box 69176
West Hollywood, CA 90069 (USA)
Phone: +1 (310) 776-6680
Email: help@grindr.com
For greater clarity, only the communications of this Section should be sent to the designated Copyright Agent of Grindr.
The User acknowledges that failure to comply with the requirements of this Section 22 may invalidate the DMCA.
Pursuant to Section 512 (f) of US copyright law, any person who voluntarily and materially misrepresents materials or activities that violate the provisions may be subject to liability for damages.
ADDITIONAL TERMS AND CONDITIONS OF THE APPLE APP STORE The following additional terms and conditions apply to the User when using the Grindr Software from the Apple App Store.
To the extent that the other terms and conditions of this Agreement are less restrictive or conflict with the terms and conditions of this Section 23, the more restrictive or conflicting terms and conditions in this Section 23 apply, but only with respect to the Grindr software taken from the Apple App Store:
Recognition.
The User and Grindr acknowledge that this Agreement is entered into solely between Grindr and the User and not with Apple, and that Grindr, not Apple, is solely responsible for the Grindr Software and related content.
To the extent that this Agreement provides usage rules for Grindr Software that are less restrictive than the Usage Rules set forth for Grindr Software or conflict with Apple's App Store terms of service, the terms apply. more restrictive or conflicting Apple.
License Scope.
The license granted to You for the Grindr Software is a non-transferable license only to use the Grindr Software on an iOS product owned or controlled by You and in accordance with the established Rules of Use. in the Apple App Store Terms of Service.
Maintenance and support.
Grindr is solely responsible for providing maintenance and support services in relation to the Grindr Software, as specified in this Agreement (if any), or as required by applicable law.
Grindr and You acknowledge that Apple has no obligation to provide maintenance and support services to the Grindr Software.
Guarantee.
Grindr is solely responsible for the warranty of the products, expressed or implied by law, to the extent that there is no explicit waiver.
In the event of a malfunction of the Grindr Software in contradiction with any applicable warranties, the User may notify Apple that it will refund the purchase price of the Grindr Software; and to the extent permitted by applicable law, Apple will have no warranty obligation with respect to the Grindr Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to malfunction contradicting a warranty, will be the sole responsibility of Grindr.
Complaints about the product.
Grindr and the User acknowledge that Grindr, and not Apple, is responsible for any and all claims by You or any third party in connection with the Grindr Software or Your possession and / or use of the Grindr Software, including which: (i) product liability claims; (ii) claims that the Grindr Software does not comply with applicable laws or regulations; and (iii) complaints arising under consumer protection legislation or similar.
This Agreement does not limit Grindr's liability to the User beyond what is permitted by applicable law.
Intellectual Property Rights.
Grindr and You acknowledge that in the event that any third party claims that use or possession of the Grindr Software infringes the intellectual property rights of such third parties, Grindr, not Apple, will be solely responsible for the investigation, defense, settlement and fulfillment of such property infringement claim.
Compliance with the law.
The User states and warrants that (i) it is not located in a country subject to a US government embargo or designated by the US government as a country that "supports terrorism"; and (ii) is not included in the US government lists of prohibited or restricted parties.
Name and address of the developer.
Grindr's contact information for end users if you have any questions, complaints or complaints regarding the Grindr Software can be found in Section 25.7 below.
Terms of Third Party Agreements.
The User must always comply with the terms of agreements with third parties where applicable when using the Grindr Software.
Third party beneficiary.
Grindr and You acknowledge and agree that Apple and its subsidiaries are considered the third party beneficiary of this Agreement and that, by accepting the terms and conditions of this Agreement, Apple will have the right (as an accepted right) to enforce this Agreement against the User as a third beneficiary of the same.
SPECIAL TERMS REGARDING RIGHT OF WITHDRAWAL The following provisions are added to this Agreement for Paid Subscription Users in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio , Rhode Island, Wisconsin or any other state with laws that may require notice of withdrawal: You, as the buyer, may terminate this Agreement, without penalty or obligation, at any time before midnight on the third business day. of the original contract subsequent to the date of this contract, excluding Sundays and holidays.
To withdraw from this Agreement, send a signed and dated notification by e-mail or post or send a telegram in which the User, as a buyer, declares, in this way or with similar words, that he wishes to withdraw from this Agreement.
The notification must be sent to:
Grindr LLC
P.O. Box 69176
West Hollywood, CA 90069 (USA)
In the event of death before the end of the paid subscription period, the User is entitled to a refund of the amount paid for the paid subscription attributable to the period following the User's death.
In case of disability (such as to not be able to use the paid subscription and to obtain a written certificate from a doctor certifying the condition) before the end of the paid subscription period, the User is entitled to a refund of the amount paid for the subscription attributable to the post-disability period, by notifying Grindr at the same address listed above.
MISCELLANEOUS PROVISIONS
Severability, waiver of contractual provisions.
The User and Grindr agree that if any provision of this Agreement is deemed illegal, invalid or for any reason unenforceable, such provision will be deemed divisible by this Agreement and will not affect the validity and enforceability of all other provisions.
A provision of this Agreement can be excluded only by means of a written document presented by the party entitled to receive the benefit specified in the provision.
Failure by either party, at any time, to enforce any provision of this Agreement shall in no way affect that party's right to enforce such provision at a later date.
A waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other breach of the same or any other provision of this Agreement.
Notices.
Grindr may forward notices to the User, including those relating to changes to this Agreement, by email or through announcements on Grindr's Services.
The User consents to the use of electronic communications.
To send a notice to Grindr, the User must use the physical and email addresses provided in Section 25.7 and such notice will be effective upon receipt.
Assignments exclusively reserved for Grindr.
This Agreement and any rights and licenses guaranteed therein, cannot be transferred or assigned to the User.
However, Grindr may at any time and for any reason transfer or assign, without limitation, this Agreement and the obligations contained therein to any third party.
The User acknowledges and accepts that if another company acquires Grindr, its business or its assets, this transaction may include a sale or transfer of User Content, and the User accepts this transfer without further action or confirmation.
Permanence of provisions.
The following Sections will survive any termination of this Agreement or any termination of use or termination of your subscription to Grindr's Services: 1-3, 4.3, 4.4, 5-7, 9.6, 9.7, 10, 12- 14, 15 (excluding 15.2), 16-23 and 25.
No third party beneficiaries.
Grindr's past, present and future subsidiaries (i.e. companies that control, controlled by or have 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 of this Agreement.
Headings; whole agreement.
References of headings appear in this Agreement for convenience only, do not form a part of this Agreement and should not limit or affect any of the provisions herein.
The word "included" means "included without limitation".
This is the complete Agreement between the User and Grindr on the subject covered in this document and cannot be changed except in writing, signed by both parties.
Grindr Disclosures; User requests.
The services listed below are offered by Grindr LLC, P.O. Box 69176, West Hollywood, CA 90069 (USA).
If you have any questions or complaints, contact us at the address indicated above or at the e-mail address: help@grindr.com.
California residents can contact the Complaint Assistance Unit of the California Department of Consumer Affairs Division of Consumer Services by mail at 1625 North Market Blvd.,
Sacramento, CA 95834 (USA), or by phone at (916) 445-1254 or (800) 952-5210.
Special terms for international users
UK.
The following terms apply to the User and replace the conflicting terms in this Agreement, for users residing in the United Kingdom to the extent permitted by applicable law:
Cancellation within the deadline of 14 days.
The User has the right to withdraw from Grindr's Premium Services within fourteen (14) days without giving any reason.
The cancellation period expires fourteen (14) days after purchasing Grindr's Premium Services.
If the User has benefited from a free trial period, the term will expire after fourteen (14) days from the start of the free trial period.
To exercise the right to withdraw from Grindr's Premium Services during the fourteen (14) day period, the User must inform Grindr of his cancellation decision by sending a clear statement by e-mail to help@grindr.com.
The User can use the Withdrawal Form found in Annex I (B) of the Consumer Rights Directive.
Grindr will promptly notify the User of the receipt of such cancellation via e-mail.
To meet the cancellation deadline, it is sufficient for the User to send the communication regarding the right to withdraw before the cancellation period has expired.
There are no additional cancellation fees, but there are no refunds except as stated in this agreement.
The User will receive a pro-rata refund of the Premium fee for the period in which the Premium Services will not be used.
In any case, the User will be required to pay a fee for the Premium Services during the duration of the Premium Services until the cancellation is sent to Grindr, (excluding any free trial period, during which no payment is foreseen ), and therefore Grindr will not reimburse the User for the part corresponding to the Premium Services.
Grindr will refund in a timely manner and within fourteen (14) days from the day on which Grindr receives the communication relating to the User's decision to cancel the Premium Services.
Grindr will issue the refund using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User.
Exceptions to Limitation of Liability.
Nothing in this Agreement excludes or limits the liability of Grindr (or its subsidiaries, contractors, subcontractors, directors, officers, employees, agents, third party suppliers or licensors) for death or personal injury resulting from Grindr's negligence. , fraud or misrepresentation or any other liability which cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT BE APPLICABLE TO THE USER.
IF YOU ARE RESIDENT IN THE UK AND ARE SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11 / EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND POSSIBLE IMPLEMENTATION REGULATIONS IN EACH MEMBER STATE 'EU), THE ARBITRATION AGREEMENT IN SECTION 21 DOES NOT APPLY TO THE USER BUT THE PROVISIONS OF SECTION 21.8 (COURT OF JURISDICTION FOR POSSIBLE LEGAL DISPUTES) WILL APPLY, EXCEPT AS DIFFERENTLY PROVIDED BY LAW.
PLEASE READ SECTION 21.8 CAREFULLY.
The European Commission's online dispute resolution platform is available at the link to the ODR Platform.
No prejudice to consumer law.
As a consumer, the User may benefit from mandatory provisions of the law of the country in which he resides.
No terms and conditions of this Agreement, including, without limitation, Section 21, may compromise the rights of the User, as a consumer, to make use of these mandatory provisions of local law.
Territorial jurisdiction.
The law of territorial jurisdiction gives the User the right to bring a dispute, relating to this Agreement, before a local court, regardless of the terms of Section 21, for which Grindr and the User agree that all disputes not subject to the terms of such Section will be submitted to the courts of Los Angeles, California, USA.
This Agreement does not limit these User rights which apply regardless of the terms in the stipulated contract.
By entering into this Agreement, Grindr does not agree to submit to the jurisdiction of any courts other than those set out in Section 21 and reserves the right to challenge as it is not subject to the jurisdiction of any other court.
EUROPEAN UNION.
The following terms apply to the User and replace the conflicting terms in this Agreement, for users residing in the EU to the extent permitted by applicable law:
Cancellation within the deadline of 14 days.
The User has the right to withdraw from Grindr's Premium Services within fourteen (14) days without giving any reason.
The cancellation period expires fourteen (14) days after purchasing Grindr's Premium Services.
If the User has benefited from a free trial period, the term will expire after fourteen (14) days from the start of the free trial period.
To exercise the right to withdraw from Grindr's Premium Services during the fourteen (14) day period, the User must inform Grindr of his cancellation decision by sending a clear statement by e-mail to help@grindr.com.
The User can use the Withdrawal Form found in Annex I (B) of the Consumer Rights Directive.
Grindr will promptly notify the User of the receipt of such cancellation via e-mail.
To meet the cancellation deadline, it is sufficient for the User to send the communication regarding the right to withdraw before the cancellation period has expired.
There are no additional cancellation fees, but there are no refunds except as stated in this agreement.
The User will receive a pro-rata refund of the Premium fee for the period in which the Premium Services will not be used.
In any case, the User will be required to pay a fee for the Premium Services during the duration of the Premium Services until the cancellation is sent to Grindr, (excluding any free trial period, during which no payment is foreseen ), and therefore Grindr will not reimburse the User for the part corresponding to the Premium Services.
Grindr will refund in a timely manner and within fourteen (14) days from the day on which Grindr receives the communication relating to the User's decision to cancel the Premium Services.
Grindr will issue the refund using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User.
Exceptions to Limitation of Liability.
Nothing in this Agreement excludes or limits the liability of Grindr (or its subsidiaries, contractors, subcontractors, directors, officers, employees, agents, third party suppliers or licensors) to the extent that it cannot be excluded or limited. by applicable law.
ARBITRATION MAY NOT BE APPLICABLE TO THE USER.
IF YOU ARE RESIDENT IN THE EUROPEAN UNION AND ARE SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11 / EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND POSSIBLE IMPLEMENTATION REGULATIONS IN EACH MEMBER STATE OF THE EU), THE ARBITRATION AGREEMENT IN SECTION 21 DOES NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 21.8 (COURT OF JURISDICTION FOR POSSIBLE LEGAL DISPUTES) WILL APPLY, EXCEPT AS DIFFERENTLY PROVIDED BY LAW.
PLEASE READ SECTION 21.8 CAREFULLY.
The European Commission's online dispute resolution platform is available at the link to the ODR Platform.
No prejudice to consumer law.
As a consumer, the User may benefit from mandatory provisions of the law of the country in which he resides.
No terms and conditions of this Agreement, including, without limitation, Section 21, may compromise the rights of the User, as a consumer, to make use of these mandatory provisions of local law.
Territorial jurisdiction.
The law of territorial jurisdiction gives the User the right to bring a dispute, relating to this Agreement, before a local court, regardless of the terms of Section 21, for which Grindr and the User agree that all disputes not subject to the terms of such Section will be submitted to the courts of Los Angeles, California, USA.
This Agreement does not limit these User rights which apply regardless of the terms in the stipulated contract.
By entering into this Agreement, Grindr does not agree to submit to the jurisdiction of any courts other than those set out in Section 21 and reserves the right to challenge as it is not subject to the jurisdiction of any other court.
SPAIN.
In addition to the above terms for EU residents, which replace the conflicting terms in this Agreement, the following terms apply to Users residing in Spain to the extent permitted by applicable law:
Tongue.
The Spanish version of this Agreement will prevail.
Changes.
Grindr will inform the User of any relevant changes to the Services and / or the Guidelines as well as of any changes to these terms and conditions.
Renewals.
Grindr (directly or through an App Store) will notify the User in advance of the renewal date of the Premium Services subscription and trial subscription before charging the credit or debit card.
Moral rights.
The moral rights relating to the User Content will not be transferred or refused.
PORTUGAL.
In addition to the above terms for EU residents, the following terms apply to Users and supersede conflicting terms in this Agreement, for Users resident in Portugal to the extent permitted by applicable law:
Tongue.
The Portuguese version of this Agreement will prevail.
Changes.
Grindr will inform the User of any relevant changes to the Services and / or the Guidelines as well as of any changes to these terms and conditions.
Renewals.
Grindr (directly or through an App Store) will notify the User in advance of the renewal date of the Premium Services subscription and trial subscription before charging the credit or debit card.
Moral rights.
The moral rights relating to the User Content will not be transferred or refused.
GERMANY.
The following terms apply to the User and replace the conflicting terms in this Agreement, for users residing in Germany to the extent permitted by applicable law:
Consent to delete data.
The User is aware that by using the Grindr Services, he agrees to the deletion of his data (for example, chat messages) of other users, as soon as they are sent.
Limitation of Liability.
The following applies to any conflicts or inconsistent language in the Terms:
We are only liable as follows: We have unlimited liability in accordance with the statutory provisions (i) for damage resulting from injury to life, body 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 performance of the contract, the violation 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.
This limitation of liability remains in effect beyond the end of the contractual relationship with you and Grindr and beyond the duration of your use of the Grindr services.
Price increases.
Notwithstanding Section 6, Grindr will increase prices and modify the Service, to the extent permitted by German law.
No compensation.
Section 17 does not apply to the User.
Resolution.
Grindr may close the User's account only in the event of a breach of this Agreement or the law.
Grindr will issue refunds as required by German law in the event of termination.
Grindr will issue the refund using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User.
Moral rights.
The moral rights relating to the User Content will not be transferred or refused.
CANADA.
The following terms apply to the User and replace the conflicting terms in this Agreement, for users residing in Canada to the extent permitted by applicable law:
Dispute Resolution.
Sections 3-21.7 (Arbitration) and / or 21.11 (Waiver of collective action for damages) do not apply to the User if these provisions are not applicable under the laws of his province of residence.
Section 21.8 will continue to apply in all cases.
Cancellation rights.
Residents of some provinces have the right to withdraw from Premium Services as required by local law.
Grindr will respect these cancellation rights.
AUSTRALIA.
The following terms apply to the User and replace the conflicting terms in this Agreement, for Users residing in Australia to the extent permitted by applicable law:
Transmission of personal information abroad.
If you consent to the transfer and processing of your data in the United States of America and any other jurisdiction in the world, you acknowledge that other jurisdictions (including the United States of America) may not have privacy protection as established by the Privacy Act 1988 (Cth).
You may not have a remedy against Grindr as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
Reverse engineering.
Restrictions on modification, disassembly, decompilation or reverse engineering of the Grindr Services are subject to User rights under Part III Div 4A ("Acts that do not constitute copyright infringement in computer programs") of the Copyright Act 1968 (Cth).
Consumer guarantees.
Grindr's liability for failure to comply with applicable consumer warranties arising from Part 3-2 Div 1 of the Australian Consumer Law is limited to:
in the case of goods supplied to the User, the replacement of the goods or the supply of equivalent goods (or the payment of the cost for the replacement or supply to the User), or the repair of the goods (or the payment of the cost for the repair to the User); is
in the case of the services provided to the User, the subsequent provision of the services or the payment of the cost to the User for having provided the services again.
ARGENTINA.
The following terms apply to the User and replace the conflicting terms in this Agreement, for Users residing in Argentina to the extent permitted by applicable law:
Cancellation within the deadline of 10 days.
The User has the right to terminate his Grindr Premium Services within ten (10) days without giving any reason.
The cancellation period will expire ten (10) days after purchasing Grindr's Premium Services.
If the User has benefited from a free trial, the deadline for cancellation expires ten (10) days from the start of the free trial period.
To exercise the right to withdraw from Grindr's Premium Services during the prescribed period of ten (10) days, the User must inform Grindr of his cancellation decision by sending a clear statement by e-mail to help@grindr.com.
Grindr will promptly notify the User of the receipt of such cancellation via e-mail.
To meet the cancellation deadline, it is sufficient for the User to send the communication regarding the right to withdraw before the cancellation period has expired.
There are no additional cancellation fees, but there are no refunds except as stated in this agreement.
The User will receive a pro-rata refund of the Premium Services fee for the period in which the Premium Services will not be used.
In any case, the User will be required to pay a fee for the Premium Services during the duration of the Premium Services until the cancellation is sent to Grindr, (excluding any free trial period, during which no payment is foreseen ), and therefore Grindr will not reimburse the User for the part corresponding to the Premium Services.
Grindr will refund in a timely manner.
Grindr will issue the refund using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User.
Notification and takedown policy.
The notice and takedown policy set out in Section 22 does not apply to Users residing in Argentina.
If the User believes that the content hosted on any Grindr Service causes harm to the User and could be considered manifestly illegal, the User may notify Grindr indicating the content in question and providing documentation that proves his identity, as well as a detailed explanation of the damage caused by the content.
Grindr will investigate the complaint and if the content is manifestly illegal (i.e. it refers to child pornography, contains data that facilitates the commission of crime or references to crime or racialism, etc.), Grindr will remove such content.
Any other content that causes damage but which cannot be considered manifestly illegal cannot be deleted by Grindr unless the User provides a judicial notification requesting the removal of the content in question.
Notifications of any kind for these purposes must be sent to the e-mail address legal@grindr.com.
BRAZIL.
The following terms apply to the User and replace the conflicting terms in this Agreement, for Users residing in Brazil to the extent permitted by applicable law:
Right of withdrawal.
The User has the right to withdraw from the Grindr Services within seven (7) calendar days without giving any reason.
The cancellation period will expire after seven (7) calendar days from the purchase of the Grindr Services.
To exercise the right to cancel Grindr's Services during the seven (7) day cancellation period, you must notify us at legal@grindr.com of your decision to cancel a clear statement.
Grindr will promptly notify the User of the receipt of such cancellation via e-mail.
To meet the cancellation deadline, it is sufficient for the User to send the communication regarding the right to withdraw before the cancellation period has expired.
Grindr will refund any amount paid by the User.
Grindr will refund promptly and as soon as possible immediately after receiving the notice of withdrawal from the User.
Grindr will issue the refund using the same payment method used by the User for the initial transaction, unless otherwise agreed with the User.
Arbitration not applicable to the User.
Any disputes arising from this Agreement will be resolved by a Court of the User's competent jurisdiction.
Notice for the removal of sensitive or private content.
In the event of any unauthorized disclosure of images, videos, photos or any other User material with nude or sexual content, Grindr undertakes to take all necessary measures, within the limits applicable to Grindr's technical services, in order to to remove such content accurately and in the shortest time possible, provided that the User communicates the relevant infringement procedures to Grindr by identifying and specifying the illegal content.
Furthermore, in the event that the User is exposed to other users' content that may be inaccurate, offensive, indecent or objectionable, the User may communicate such content to Grindr, so that Grindr can take appropriate measures to remove it, to the extent permitted. .
Application of Brazilian law.
The User and Grindr agree on the application of Brazilian law for this Agreement, especially with regard to privacy rights, the protection of personal data and the secrecy of private communications and records.
The User and Grindr agree to comply with all applicable Brazilian laws.
Account data retention.
Grindr will keep application logs confidential, in a controlled and secure environment, for six (6) months from the date of signing, under applicable Brazilian law.
Grindr reserves the right to disclose application logs and / or any other user account logs, including private communications, in order to comply with court orders.
Charging of expenses.
Whenever Grindr decides to charge the User for part or all of the Grindr Services, the User will see a message on the mobile phone, thanks to which he can decide whether (i) to accept the related service and the corresponding expenses, in which case he will have to provide credit card details; or (ii) not accept the relevant service and continue to use the free portion of the Grindr Services.
Limitation of Liability.
The provisions related to the limitation of liability provided for in this Agreement may, as a general rule, not apply to the User, since the compensation obligation is a rule of public order in Brazil.
The User and Grindr are aware of the fact that Brazilian law does not provide for compensation for indirect damage, but exclusively for actual losses and for loss of profit directly and immediately caused by any damage.
Legislation on the prescription of complaints.
The provisions of this Agreement relating to prescription cannot apply to the User if Brazilian law establishes a different or specific prescription for a specific complaint.
In this case, the User will be subject to a specific requirement established under Brazilian law.
Changes to this Agreement.
Grindr reserves the right to modify, at its discretion, any provisions set forth in this Agreement at any time and for any reason, regardless of the User's prior approval.
The User will be notified of such changes.
Validity date: 1 April 2020 or the date of acceptance by the User.