TERMS OF USE OF THE GRINDR SERVICES
Welcome to the mobile application ("Grindr Software") of Grindr LLC ("Grindr", "we" in all grammatical variations), to the site or to any other mobile or web service or application owned, controlled or offered by Grindr at present or in the future (collectively, "Grindr Services").
For clarity, any reference in this document to "Grindr Services" includes "Grindr Software".
Users who access, download, use, buy and / or subscribe to the Grindr Services (either collectively or individually "User" in all grammatical variations or "Users" in all grammatical variations) must adhere to the following Terms of Service (this "Agreement" ").
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GRINDR.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE GRINDR SERVICES.
BY ACCESSING, DOWNLOADING, USING, PURCHASING AND / OR SUBSCRIBING TO THE GRINDR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE STOP USING THE GRINDR SERVICES IMMEDIATELY.
SECTION 21 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES BETWEEN YOU AND GRINDR.
IN PARTICULAR, THE ARBITRATION AGREEMENT CONTAINED IN THIS SECTION, WITHOUT A FEW EXCEPTIONS, REQUIRES THE SETTLEMENT OF DISPUTES BETWEEN YOU AND THE GRINDR BY BINDING AND FINAL ARBITRATORY OF ANY WANTED ARBITRATOR, WANTED BY ANY WANTED ARBITRATOR.
IN ADDITION: (1) YOU WILL BE ABLE TO CLAIM CLAIMS FROM US ONLY ON AN INDIVIDUAL PROCEDURE, EXCLUDING CLASS ACTION; AND (2) YOU WILL WAIVER THE RIGHT TO SEEK REMEDIES IN A COURT AND CONDUCT AN JURY HEARING.
FOR MORE INFORMATION ON THE ARBITRATION AGREEMENT, POSSIBLE EFFECTS OF THE ARBITRATION AGREEMENT, AND HOW TO CANCEL THE ARBITRATION AGREEMENT, SEE SECTION 21.
IF YOU LIVE IN THE EUROPEAN UNION, THE UNITED KINGDOM AND SELECTED COUNTRIES OUTSIDE THE US, PLEASE READ THE SPECIAL TERMS FOR USER SPECIAL ("INTERNATIONAL") USERS.
YOU LIVING IN THE SPECIAL TERMS LISTED IN COUNTRIES MAY HAVE ADDITIONAL RIGHTS OR SELECTED PARTS OF THIS AGREEMENT, E.G.
AN ARBITRATION AGREEMENT MAY NOT APPLY TO IT.
It is recommended that you keep your own copy of this Agreement.
You may receive a copy of this Agreement by sending an email to help@grindr.com, subject: Terms of Service - Agreement.
AGE RESTRICTIONS AND SAFETY.
THE USE OF THE SERVICES BY MINORS IS NOT ALLOWED.
ANY PERSON BELOW THE EIGHTEEN (18) YEARS OF AGE (OR THE TWENTY-FIRST (21) YEAR OF AGE IN AREAS WHERE THE EIGHTEEN (18) YEARS OF AGE IS NOT AGED, OR IMMEDIATE AGAIN GRINDR SERVICES.
THE USER MUST BE AN ADULT IN THE LAW.
HEREBY REPRESENT AND WARRANT THAT YOU CURRENTLY BE EIGHTEEN (18) YEARS OR MORE (OR TWENTY ONE (21) YEARS IN AREAS WHICH THE EIGHTEEN (18) YEAR CONTAINED IN THIS AGREEMENT.
SECURITY.
GRINDR SHALL NOT BE LIABLE FOR YOUR USE OF THE GRINDR SERVICES OR THE ACTIVITIES OF OTHER USERS WHOM THE USER PROVIDES OR CONTACT US.
GRINDR DOES NOT CHECK USERS 'HISTORY PENALTY OR RELIABILITY.
GRINDR DOES NOT VERIFY INFORMATION PROVIDED BY USERS REGARDING THEIR IDENTITY, HEALTH, PHYSICAL FITNESS OR OTHER INFORMATION.
ALSO, GRINDR SHALL NOT BE LIABLE FOR THE ACTIONS OR LEGAL CONSEQUENCES OF THE USER'S USE OF THE SERVICES IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR RESTRICT PERSONAL CONTACT.
YOU MUST MAKE AN INFORMED DECISION REGARDING THE USE OF THE APP IN YOUR LOCATION AND EVALUATE ANY RELATED POTENTIAL NEGATIVE CONSEQUENCES.
WARNING: IMPORTANT NOTICE ABOUT LOCATION DATA.
THE GRINDR SERVICES ARE INTENDED FOR PERSONAL USE ONLY AS PERSONAL LOCATION SERVICES.
THESE SERVICES SHALL NOT BE USED AS AN EMERGENCY LOCATION SYSTEM OR RELY ON THESE SERVICES FOR THESE PURPOSES.
SERVICES THESE CAN NOT USE WHILE DRIVING CAR, LIFE VEHICLES OR IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR IN CONNECTION WITH ANOTHER USE IN WHICH THE FAILURE OR INACCURACY OF APPLICATION OR SERVICES GRINDR COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY OR SEVERE DAMAGE BE PERSONAL DAMAGE.
THE GRINDR SERVICES ARE NOT FOR FAMILY FINDING, FLEET TRACKING, OR FOR ANY OTHER COMMERCIAL OR CORPORATE PURPOSE.
OTHER PRODUCTS ARE CURRENTLY AVAILABLE TO MEET THESE OBJECTIVES.
INTERNATIONAL USERS.
Use of Services Outside the US.
Regardless of where you live, the Grindr Services are controlled and offered by Grindr of the United States of America, and your use of the Services is governed by the laws of California, USA.
Grindr makes no representations that the Grindr Services are appropriate for use in other locations or are lawful in other jurisdictions.
Users accessing or using the Grindr Services elsewhere do so at their own risk and are responsible for compliance with local law.
The user consents to the transfer and processing of his data in the United States of America and in any other jurisdiction in the world.
More information on how we collect, use and transfer data can be found in our Privacy Policy.
Special conditions.
Users residing in certain countries, including European Union countries and the United Kingdom, may have additional rights, or certain parts of this Agreement may not apply to them, as required by the legal requirements in your jurisdiction.
For more information, see Special Terms for International Users.
English.
To enhance the quality of service and for the convenience of international users, Grindr may provide translations of this Agreement and local language versions of the Grindr Services.
This Agreement is written in the English language, and to the extent that its translations do not match the English version, the English version will prevail.
Likewise, Grindr reserves the right to correct translation errors and similar errors caused by the availability of language versions of this Agreement and the Grindr Services.
ACCOUNT REGISTRATION AND USE OF THE ACCOUNT BY THE USER.
Account registration.
If you create an account on any Grindr Service ("User Account") and provide information to us, you must verify the accuracy of such information.
You must notify us immediately of any change to such information.
Accounts are for personal use only.
You may never use someone else's account.
You may not buy, sell, rent, or lease access to your User Account or your username without Grindr's written consent.
The User will not share or otherwise transfer the User Account or its credentials.
Account security.
You are solely responsible for maintaining the confidentiality of your password and account.
You are solely responsible for any and all activities taking place under your account.
You agree to notify Grindr immediately of any unauthorized use of your account or any other breach of security.
We will not be responsible for any losses, damages, liabilities, expenses or attorneys' fees you may incur as a result of using your password or account by another person, even without your knowledge.
We are under no obligation to keep records of your User Account.
Grindr is under no obligation to keep records of a User Account or any data or information that a User may store for convenience through the Account or the Grindr Services.
The Grindr Services do not store data.
You are solely responsible for backing up your data (eg.
in a separate place, storing contact details of people met through the Grindr Services).
PRIVACY POLICY.
Our collection, use and sharing of personal and other information about you is governed by our Privacy Policy.
You consent to the collection, storage, use and sharing of such information in accordance with our Privacy Policy.
SERVICE MODIFICATIONS.
We reserve the right, at our sole discretion, to modify, add or suspend the operation of the Grindr Services, or any part thereof, at any time for any reason and without liability to you, except as provided in this section 6.
At the same time, we reserve the right to modify, add or suspend the operation of the Grindr Services without notice as necessary to comply with laws, protect or enforce laws, or to respond to or avoid emergencies.
Where significant changes are made to Premium Services that: (a) reduce the functionality of such Premium Services available to the User, and (b) are mandatory (i.e.
do not require the User to update the Grindr Software in order to implement them); You may close your account within ten (10) days of such changes (as set forth in section 11.
2) and receive a refund of proportionate advances for unused Premium Services.
We reserve the right to charge you at any time for access to all or part of the Grindr Services and to change prices at any time, provided that any changes do not affect the fees for Premium Services for which you have already paid.
OWNERSHIP AND OWNERSHIP RIGHTS OF GRINDR.
The Grindr Services are owned and operated by Grindr.
The Grindr Services, content, graphical interfaces, information, graphics, layout, compilations, computer codes, products, software, services, including applications for mobile devices, and all other elements of the Grindr Services (collectively, "Materials") are copyrighted by the United States. , laws on the protection of graphic designs, patents and trademarks, international legal regulations and conventions, and all applicable intellectual property rights and proprietary rights and applicable law.
All Materials contained in the Grindr Services are the property of Grindr or its subsidiaries or affiliates and / or third party licensors.
All trademarks, service marks, and trade names displayed on the Grindr Services are the property of Grindr or its affiliates and / or third party licensors.
Except as expressly permitted by Grindr in this Agreement, you agree not to sell, license, distribute, copy, modify, publicly display, or perform, transmit, publish, edit, adapt, or create derivative works from, or use of the Materials. .
GUIDELINES FOR USE; RULES OF USE; PROHIBITED BEHAVIOR AND USE.
THE GRINDR USER PROFILE GUIDELINES available at http://www.grindr.com/community-guidelines/ (the "Guidelines") as amended, are hereby incorporated into the Agreement by reference.
Please read the Guidelines carefully before using the Grindr Services.
WE MAY DELETE YOUR PUBLISHED CONTENT AND BLOCK YOUR ACCOUNT.
For any reason or no reason, Grindr may remove User Content at any time or require you to remove such Content (as defined below).
Any violation of the Guidelines or this Agreement by User Content as specified by Grindr may result in the blocking of a User Account and suspension of User's access to the Grindr Services.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS RELATING TO THE UNAUTHORIZED ACTIVITIES AND USES LISTED BELOW:
You will NOT use the Grindr Services or any information displayed on the Grindr Services to harass, stalk, insult, shackle, threaten or defraud other Users; violate the privacy or other rights of Users, or collect, attempt to collect, store or disclose, without permission, the location or personal data of other Users;
You will NOT post offensive, pornographic or harmful material on your profile page on the Grindr Services;
You will NOT use the Grindr Services for commercial or non-private purposes, e.g.
for selling or advertising goods or services.
You will only use the Grindr Services for private, non-commercial purposes and may only be used in the manner and for the purposes specified by Grindr;
You will NOT use the Grindr Services to pursue or support any illegal purpose; in violation of local, national or international laws, including laws relating to crime, illegal or controlled substances, intellectual property and other property rights, data protection and privacy, and export and import controls;
You will NEVER post any material on your profile page that contains video, audio, photos or images of anyone under the age of eighteen (18).
For any material that contains video, audio, photo or image recordings of persons over the age of eighteen (18), the express consent of such persons is required;
You will NOT present unsolicited offers, advertisements, or offers, or send bulk advertising mail to other Grindr Users.
This includes unsolicited advertising information, promotional materials or other unwanted materials, mass commercial announcements, messages with a request to be sent to other people, communications, requests for donations or signatures, surveys, requests to participate in surveys or research;
You will NOT impersonate any other person or entity, provide false information regarding your affiliation with any other person or entity, or access other Users' accounts;
You will NOT misrepresent the source, nature or content of information provided through the Grindr Services;
You will NOT view the Grindr App or profile data on any external display or monitor or in any other public place;
You will NOT remove, circumvent, block, destroy or otherwise interfere with the security features of the Grindr Services, features that prevent or restrict the use or copying of content available through the Grindr Services, or features that restrict use of the Grindr Services;
You will NOT knowingly affect the operation of the Grindr Services or the comfortable use of the Grindr Services by any User, including uploading or otherwise disseminating viruses, worms, or other malicious software;
You will NOT post, store, send, transmit, or disseminate any information or material that a reasonable person would consider unacceptable, defamatory, defamatory, offensive, indecent, scandalous, pornographic, harassing, threatening, embarrassing, disturbing, vulgar, hateful, racially or is ethnically offensive or otherwise offensive to a group or individual, intentionally misleading, false or otherwise inappropriate, even if such material or its dissemination would be lawful;
You will NOT post, store, send, transmit or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights or other rights of any other person;
You will NOT use the Grindr Services with products, systems or applications installed in vehicles or otherwise connected or communicating with vehicles or otherwise providing driving, positioning, expedition, real-time routeing, fleet management or other similar applications;
You will NOT use the Grindr Services in connection with working in a high-risk environment requiring reliable operation or in an application where failure or inaccuracy of this application or the Grindr Services could result in death, personal injury, or physical damage or property damage;
You will NOT attempt to gain unauthorized access to the Grindr Services or any part of it, other accounts, computer systems or networks connected to the Grindr Services, or any part thereof by hacking, extracting a password or otherwise, or interfering or attempting to interfere with proper operation. The Grindr Services or any activity on the Grindr Services;
You will NOT investigate, scan or test for vulnerabilities of the Grindr Services or any system or network; You will NOT use bots, spiders, scrapers, or other automated means to access the Grindr Services for any purpose without the express written consent of Grindr; Will NOT skip headings disabling robotic functions or other measures to prevent or limit access to the Grindr Services; Will NOT modify the Services in any way or in any form; You will NOT use or create any application or other product that communicates with the Grindr Services or allows access to other Users' content or information without Grindr's written consent; nor will you use modified versions of the Grindr Services, including to gain unauthorized access to the Grindr Services; and
You will NOT influence another person's ability to comfortably use the Grindr Services, nor will you support or encourage any activity prohibited in this Agreement.
PREMIUM SERVICES; SHOPPING.
Premium services.
Selected Services, e.g.
Grindr Xtra or Grindr Unlimited may only be made available upon creation of a User Account and payment of the fee ("Premium Services").
Through such an account, the User may access the Premium Services for a specified period of time, which will be automatically renewed.
The period of validity of the account, the period of extension and the total cost of each Premium Service will be disclosed as part of the Grindr Services or elsewhere dedicated to displaying the Premium Services offer.
PREMIUM SERVICES ARE AUTOMATICALLY RENEWED.
PREMIUM SERVICES ARE AUTOMATICALLY RENEWED CONTINUOUSLY AT THE END OF THE SUBSCRIPTION PERIOD, AND THE APPLICABLE RENEWAL FEE WILL BE APPLIED AUTOMATICALLY ACCORDING TO THE PAYMENT METHOD (PLUS APPLICABLE TAXES), WITHOUT APPLICABLE CHILDREN.
THE USER ACKNOWLEDGES AND AGREES THAT THE PREMIUM SERVICES ARE AUTOMATICALLY RENEWED UNTIL THEIR CANCELLATION BY THE USER OR THEIR SUSPENSION BY GRINDR IN ACCORDANCE WITH THIS AGREEMENT, OR AGREE THIS AGREEMENT.
RULES OF CANCELLATION OF PREMIUM SERVICES.
YOU MAY CANCEL THE PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TO CANCEL THE PREMIUM SERVICES, FOLLOW THE INSTRUCTIONS PROVIDED IN THE GRINDR SERVICES.
WE DO NOT CHARGE ANY CANCELLATION FEES.
PREMIUM CANCELLATION INSTRUCTIONS CAN BE OBTAINED BY SENDING AN EMAIL TO help@grindr.com.
Premium Trial Services.
Premium Grindr Services may occasionally be provided free of charge for a trial period ("Trial" or "Trial Premium Services").
Please note that this Agreement also applies to any Trial Period.
When registering for a Trial Period, the User may be required to provide credit or debit card details.
In this case, the User's credit or debit card will only be charged if the User does not cancel the service before the end of the Trial Period.
If we ask you for your credit or debit card details and you do not cancel before the end of the Trial Period, we may convert the Trial Period into a paid subscription and charge your credit or debit card with the subscription fee applicable at the start of the Trial Period.
Premium Trial Services are not available to Premium Service Users or Users who previously used the free trial period and then canceled it before paying for Premium Services.
Shopping.
We reserve the right to correct errors (by changing the information displayed on the Grindr Services or by informing you of an error and allowing you to cancel an order placed) or update the information at any time and without prior notice.
Grindr, at its sole discretion, determines whether to accept or deny your request to cancel your order.
All sales are final.
Promotion codes.
Grindr may, from time to time, at its sole discretion offer promotional codes that offer discounts.
Promo codes are not transferable, redeemable for cash or credit, and are not deductible from previous purchases.
Codes cannot be exchanged for cash.
In addition, promotional codes cannot be used together with other offers or discounts.
Codes must be replaced before their expiry date (if provided).
You cannot get new promo codes to replace the lost ones.
Each customer gets one promo code.
Promotional codes are canceled where prohibited by law.
Grindr may terminate or change any promotional programs offered at any time and at its sole discretion.
Payments are non-refundable.
Unless expressly provided otherwise in this Agreement (including clause 24,
if you are a resident of selected US states, and under Special Terms if you are a resident of selected countries), all payments made to Grindr are final and non-refundable.
Cancellations will be effective from the next billing period that becomes the due date, unless expressly provided otherwise in this Agreement.
Data.
Unless otherwise specified at the time of purchase, any payment to Grindr is exclusive of any taxes, fees or duties imposed by the tax authorities and you are responsible for payment of all such taxes, fees or duties.
Microtransactions From time to time, you may acquire a limited, personal, non-transferable, non-sublicensable and revocable license for certain additional features for use solely on the Grindr Services (collectively, "Microtransactions").
Grindr reserves the right to charge in its sole discretion for the right to access or use additional features and / or may distribute premium or non-charged additional features.
Grindr may manage, regulate, control, change or delete Microtransactions and / or additional functions at any time.
The balance of additional features displayed in the user's account is not an actual balance, nor does it reflect any recorded value, but it is a measure of the extent of the user's license.
Additional features are not subject to no-use fees, but your license for Microtransactions will terminate under the terms of this Agreement when we cease to provide our Grindr Services or upon termination or otherwise terminating your account.
Grindr disclaims any liability to you or any third party in the event that Grindr exercises the above rights.
The provision of additional functionality for use with the Grindr Services is a service that commences immediately upon approval of such Microtransactions.
ALL MICROTRANSACTIONS THROUGH THE GRINDR SERVICES ARE IRREGULAR AND NON-REFUNDABLE.
USER ACKNOWLEDGES THAT GRINDR IS NOT OBLIGED TO REFUND MONEY FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR ANOTHER REMUNERATION FOR MISSED ADDITIONAL FUNCTIONS, OR INCLUDING ANY ADDITIONAL FEATURES.
USE OF THE SERVICES BY THE USER.
You acknowledge that selected Grindr Services may only be accessed by downloading the Grindr Software to your mobile device.
You will only be able to view your User Content (including chat records) after you download the Grindr Software and register an account.
GRINDR RESERVES THE RIGHT, BUT THERE IS NO OBLIGATION, TO MONITOR YOUR USE OF THE GRINDR SERVICES, INCLUDING REGISTRATION OR MESSAGES SENT OR RECEIVED, AND ACCESS TO NECESSARY INFORMATION RELATING TO OTHER PROFESSIONAL INFORMATION.
GRINDR ALSO RESERVES THE RIGHT TO (A) BLOCK YOUR ACCESS TO OR USE OF THE GRINDR SERVICES, INCLUDING LOCATION INFORMATION AND EXCLUSION (B) NON-ENTRY PROFILES.
REFUNDS ARE AVAILABLE ONLY IN THE CASES EXPRESSLY PROVIDED IN THIS AGREEMENT.
You are solely responsible for your contacts with other Users and for all content and materials submitted to the Grindr Services.
You agree that Grindr will not be liable for any loss or damage incurred as a result of such contact.
Grindr reserves the right, but has no obligation, to monitor disputes between you and other Users.
Grindr does not control the content of User Accounts and their profiles.
Grindr has the right, but not the obligation, to monitor such content for any purpose.
You acknowledge that you are solely responsible for all content and materials submitted to the Grindr Services.
REFUSAL TO PROVIDE AND SUSPENSION OF SERVICES BY GRINDR.
You may close your Account at any time and for any reason by following the instructions provided on the Grindr Services.
Upon cancellation of your Account, this Agreement will terminate immediately, except as provided in paragraph 25.
4 below.
If recurring billing for Premium Service is set for the User Account, the User may cancel the User Account at any time.
Access to the account will remain unchanged during the billing period or the period for which the payment was made.
Grindr may suspend or terminate your Account on the Grindr Services, or your access to or use of the Grindr Services or any part thereof, if Grindr believes that your profile content or your behavior on the Grindr Services violates our Terms of Service or otherwise is in breach of this Agreement, or for any other reason, in its sole discretion, subject to paragraph 11.
4 i 11.
5 below.
In addition, Grindr may delete all or part of a User Account or User Content (as defined below) at any time.
You agree that termination of access to the Grindr Services or your Account or any part of it may occur without prior notice (except as provided in section 11.
4 below), and you agree that Grindr will not be responsible for such shutdown and that you will only be entitled to refunds where expressly provided in this Agreement (including clause 11.
5 below).
For example, we may deactivate your User Account due to prolonged inactivity.
Without limiting our legal rights, we reserve the right to remove all User Content from the Grindr Services upon termination or cancellation of your User Account.
Information about any suspected fraudulent, offensive or unauthorized activity that may be the basis for blocking the User's use of the Grindr Services may be disclosed to the appropriate law enforcement authorities.
Such steps constitute additional measures that Grindr may be entitled to legally or in equity.
If you have paid for a Premium Service, Grindr will deliver at least 30 days' notice to terminate your access to the Grindr Services or User Account, unless your profile content or your behavior on the Grindr Services violates our Terms of Service or you otherwise breached this Agreement, in which case Grindr may immediately suspend or terminate access to the Grindr Services or User Account.
If a User has paid for a Premium Service and Grindr has terminated User's access to the Grindr Services or a User Account, Grindr will refund the proportionate amount of the fee for unused Premium Services, provided that if Grindr terminates access to the Grindr Services or User Account due to your breach of our Terms and Conditions. use of the service, Grindr shall be entitled to withhold any amounts paid for the Grindr Services.
In the event that it is required by law (eg.
in the UK) Grindr will only withhold an amount that covers all costs and other losses Grindr incurs as a result of the breach, which may mean no refund will be made.
You acknowledge and agree that Google, Apple, or any other third party platform provider (as applicable, depending on your device and operating system) may be a registered entity for transactions relating to the Grindr Services.
In such event, the User may request reimbursement of the costs to which he is entitled under this Agreement via the App Store, Google Play or other platform (as the case may be).
If you believe that Grindr has mistakenly suspended or closed your Account, you may contact us at any time by contacting us at help@grindr.com.
USER CONTENT.
The Grindr Services enable the User and other Users to submit content and materials (e.g.
photos, ideas, notes, concepts or creative suggestions) to Grindr and other Users ("User Content"), and to store, share, and / or post such User Content on the Grindr Services and with other Users.
You are solely responsible for your own User Content and for the consequences of sharing or publishing it.
In connection with User Content, you represent and warrant that: (i) you own or have the required licenses, rights, consents and permits to use and authorize Grindr to use all intellectual property rights and other proprietary rights relating to User Content so that enable the incorporation and use of User Content as permitted on the Grindr Services and this Agreement; and (ii) has the written permission and / or consent of each identifiable person included in User Content to use their name or likeness so as to enable the incorporation and use of User Content as permitted by the Grindr Services and this Agreement.
For the sake of clarity, you retain all proprietary rights relating to your User Content.
You acknowledge that you will be able to access User Content from a variety of sources when using the Grindr Services, and Grindr is not responsible for the accuracy, usefulness, security, or intellectual property rights associated with such User Content.
In addition, you acknowledge and acknowledge that you may have access to inaccurate, offensive, indecent or unacceptable User Content.
Grindr accepts no liability in connection with or arising from User Content.
Grindr accepts no responsibility for actively monitoring User Content for inappropriate content.
If Grindr at any time chooses to monitor User Content in its sole discretion, Grindr will not be responsible for the content of User Content, will not be obligated to change or remove inappropriate User Content, nor will it be liable for any User behavior that submits User Content.
In addition, Grindr does not endorse and has no control over the content of User Content submitted by other Users.
Grindr makes no warranties, express or implied, regarding the content of User Content or its accuracy or reliability.
Nevertheless, Grindr reserves the right to prevent you from sharing User Content, and to edit, restrict or remove it for any reason and at any time.
User Content is the property of the User providing it, subject to Grindr's license to such User Content under this Agreement.
You may not make available, display, or reproduce any other person's User Content except as permitted under this Agreement.
You hereby grant and represent that you have the right to grant Grindr an irrevocable, non-exclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, develop derivative works, and incorporate into other works, and otherwise use and use your User Content (by way of unlimited sublicences), for the sole purpose of incorporating User Content into the Grindr Services and as otherwise permitted under this Agreement.
You irrevocably waive (and allow you to waive) any claims or claims regarding moral rights or other rights relating to the authorship of your User Content.
In addition, in connection with the sale of Grindr or its assets, you hereby grant Grindr the right to sell or transfer your User Content to a third party.
For more information regarding the use, collection, or sharing of User information, including User Content, please see the Grindr Privacy Policy.
Users who provide feedback or suggestions to Grindr on the Grindr Services ("Reviews") hereby grant Grindr a perpetual, irrevocable, worldwide license (including sublicensing rights) to use such Feedback and related information as Grindr deems appropriate.
Grindr will treat any Feedback you provide to Grindr as non-confidential and non-proprietary.
Under no circumstances shall Grindr be required to compensate the User for submitting a Review.
The User undertakes not to provide Grindr with any information or ideas that the User treats as confidential or proprietary, or for which compensation is sought.
EXTERNAL SITES, PRODUCTS, SERVICES; LINKS.
The Grindr Services may link to other sites or services provided in advertising or otherwise ("Third Party Sites") solely for the convenience of Users.
Grindr does not endorse any of such linked sites or any information, materials, products or services featured on any other linked site or site accessible by any other linked site.
Furthermore, Grindr makes no warranties of any kind, express or implied, with respect to the information, materials, products or services contained in or provided by the linked sites.
Access to and use of linked pages, including information, materials, products or services featured on or provided by linked pages, is at the sole risk of the User.
We do not control such Third Party Sites, and this Agreement does not apply to companies that Grindr does not own or control, or to the activities of anyone not employed or directed by Grindr.
You should always check the terms of use of Third Party Sites.
The correspondence or commercial activity conducted by the User with advertisers with whom contact has been established on the Grindr Services or through these Services, or participation in promotions organized by such advertisers, takes place solely between the User and such advertiser.
You agree that Grindr will not be liable for any loss or damage incurred as a result of such activity or as a result of the presence of such advertisers on the Grindr Services.
Parties other than Grindr may provide services and sell products through the Grindr Services.
We are not responsible for analyzing or evaluating such transactions or the content of an offer for such products or services and we do not guarantee the availability of any such offer.
Grindr accepts no responsibility for the activities, products or content offered by any such third party.
The user should carefully read the privacy policy and other terms of use of the third party.
By using third party applications that connect You to the Grindr Services ("Third Party Applications"), you acknowledge and agree that Grindr may provide User Content to Third Party Sites or Third Party Applications through APIs developed and maintained by such Third Party Sites or Third Party Applications.
Grindr is not responsible for any User Content uploaded from the Grindr Services to Third Party Sites or Apps or the use of User Content on any Third Party Site or Third Party Application.
You should read the terms of use and privacy policy of Third Party Sites or Third Party Apps.
Grindr is not responsible for the features, content, or other materials available on a Third Party Site or Third Party App, and does not endorse or endorse such features, content or materials.
Additionally, Grindr does not review, control, or promote or endorse Third Party Sites or Third Party Apps.
When you access Third Party Sites or Third Party Apps, you do so at your own risk and you agree that your use of Third Party Sites or Third Party Apps is on an "as-is" basis without any warranty of any kind on the operation of the Third Party Sites or Third Party Applications, and this Agreement does not apply to your use of any Third Party Site or Application.
You acknowledge and agree that Grindr may combine User Content and location information for User Accounts on the Grindr Services with third party information sources and third party applications when providing the Grindr Services.
To the extent that User Content contains personal data of the User (as defined in the Privacy Policy), the transmission of such personal data is subject to the provisions of the Privacy Policy.
ADVERTISING.
Grindr and all its licensees may publicly display advertisements and other information linked to User Content.
The user is not entitled to any compensation for such advertisements.
The manner, mode and scope of such advertisements may change without notice or obligations of Grindr to the User.
END USER LICENSES.
Mobile device.
Use of the Grindr Software requires a mobile device compatible with the Grindr Services.
Grindr does not warrant that the Grindr Services will be compatible with your mobile device.
You are responsible for all fees incurred in connection with using the Grindr Services on a mobile device, including text messaging, roaming, and data charges.
If you are unclear about the charges you incur in connection with the use of Grindr Services, please contact your mobile operator before using the Grindr Services.
Granting the license.
Subject to compliance with the terms of this Agreement, Grindr hereby grants you a non-exclusive, non-transferable, and revocable license to (i) use a compiled copy of the Grindr Software code for your User Account on a mobile device that is your sole property or leased by you for your personal and non-commercial use, and ii) use of the Grindr Services (other than the Grindr Software) for personal and non-commercial use by the User specified by Grindr as disclosed by Grindr from time to time.
Restrictions.
You may NOT: (i) modify, disassemble, decompile or reverse engineer the Grindr Services, except to the extent that such limitation is expressly prohibited by law without the possibility of contractual waiver; (ii) rent, lease, borrow, resell, sublicense, distribute or otherwise transfer the Grindr Services to a third party or use the Grindr Services to temporarily share or provide other similar services to a third party; (iii) make copies of the Grindr Services; (iv) remove, circumvent, block, destroy or otherwise interfere with the security features of the Grindr Services, features that prevent or restrict the use or copying of content available through the Grindr Services, or features that restrict the use of the Grindr Services; or (v) create extensions, related products or products that may interact with the Grindr Services, unless such limitation is expressly prohibited by law without the possibility of contractual withdrawal; or (vi) remove any copyright and other proprietary notices from the Grindr Services.
Updates.
You acknowledge that Grindr may offer updated versions of the Grindr Services and may automatically update the version of the Grindr Services that You are using on your mobile device or otherwise.
You consent to such automatic updates on your mobile device and agree that all such updates will be subject to the terms of this Agreement.
You agree that Grindr will not be liable to you for any such updates.
Open Source.
To the extent that the Grindr Services use open source or third party codes that may be used on the Grindr Services, such open source or third party codes are subject to possible EULA license agreements authorizing their use.
Nothing in this Agreement should be construed as limiting your rights under any applicable end user license to such open source software or as giving you rights in lieu of such terms.
For more information, please contact us at legal@grindr.com (with "Open Source" in the subject line).
RIGHTS RESERVED.
The foregoing license under this Agreement does not constitute a sale of the Grindr Services or copies thereof, and Grindr, its partners or suppliers retain all rights, title and interest in the Grindr Services (and any copies thereof).
Any attempt by you to transfer any right, obligation or obligation under this Agreement is ineffective, except as expressly provided otherwise in this Agreement.
Grindr reserves all rights not expressly granted to you under this Agreement.
Trademarks, service marks and logos.
The names and logos associated with the Grindr Services are the property of Grindr.
The use of these marks is not permitted without the prior written authorization and consent of Grindr.
All rights reserved.
Government End Users.
The Grindr Services are intended for use by individuals and not for governmental use.
If Grindr agrees to use the Grindr Services on behalf of the United States government, or representatives of the United States government use the Grindr Services without permission, then the use, reproduction, modification, sharing, performance, distribution and disclosure of the Grindr Services (or parts thereof) by agents Government of the United States is subject to the restrictions in this Agreement and in the applicable provisions of DFARS 227.
7202-1(a) i 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).
Otherwise, nothing in this Agreement or otherwise will grant a government user rights greater than those set forth in this Agreement in the Grindr Services.
Export control.
Grindr services are of US origin and are subject to US laws and regulations regarding exportation.
You may not export or re-export the Grindr Services to certain countries, individuals, and entities that are subject to an embargo on US exports.
In addition, the Grindr Services may be subject to import and export laws in other countries.
You agree to comply with all US and foreign laws related to the use of Grindr services.
App stores.
You acknowledge and agree that the availability of the Grindr Services depends on the third party from which you obtained the Grindr Services, e.g.
Android Market or Apple App Store (each called "App Store").
You acknowledge that this Agreement is between You and Grindr, and that the App Store is not party to it.
Each App Store may have different terms of use to which you must consent before downloading the Grindr services.
You agree to comply with all applicable App Store terms and conditions, and your license to use the Grindr Services is subject to compliance with such terms.
GRINDR DISCLAIMERS AND NO USER WARRANTY.
SELECTED LOCAL AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.
IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
FOR SUCH USERS, CERTAIN EXCEPTIONS ARE LISTED TO "SPECIAL TERMS FOR INTERNATIONAL USERS".
THE GRINDR SERVICES AND ANY SOFTWARE, SERVICES OR APPS PROVIDED IN CONNECTION WITH OR THROUGH THE GRINDR SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, "AS IS" AND "AS IS" ERRORS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
GRINDR, ITS SUPPLIERS, AFFILIATIVES AND LICENSORS EXCLUDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF LEGAL TITLE, MERCHANTABILITY, MERCHANTABILITY.
COMPANY GRINDR, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES GRINDR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE ELIMINATED, OR THAT THE SERVICES GRINDR OR THE SERVER THROUGH WHOM ARE PROVIDED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS .
GRINDR, ITS SUPPLIERS AND LICENSORS (INCLUDING GRINDR LICENSORS FROM THE WIRELESS NETWORK OPERATORS SECTOR) DO NOT PROVIDE ANY WARRANTIES AND DO NOT MAKE ANY LIABILITY LIABILITY OR LIABILITY INSTRUCTIONS FOR M.
IN.
THEIR SAFETY, ACCURACY, CORRECTNESS OR RELIABILITY.
YOU (NOT THE GRINDR OR ITS SUPPLIERS OR LICENSORS) ASSUME THE COST OF ANY SERVICES OR EQUIPMENT REQUIRED TO ACCESS THE GRINDR SERVICES.
USER ACKNOWLEDGES AND AGREES THAT THE DOWNLOADING OR OTHERWISE RECEIVING OF THE MATERIALS OR DATA THROUGH THE GRINDR SERVICES IS AT YOUR OPINION AND YOUR RISK.
INDEMNITY AND INDEMNIFICATION OF THE GRINDR.
You agree to indemnify Grindr (and its affiliated companies, contractors, employees, agents, suppliers and licensors) from all claims, actions, proceedings, losses, costs, damages and other liability, including service costs. legal, asserted by a third party arising from or related to (a) your use or misuse of location information or other Grindr Services in general, (b) any breach by the User of the rights of another person or entity, (c) any alleged breach of this Agreement, or (d) your use of the Grindr Services to meet another User in person or to determine the location of a physical venue and participation in a real-world event.
Grindr reserves the right to take, at the User's expense, self-defense and assume sole control of any claims against which the User must defend Grindr, and the User agrees to cooperate with Grindr in defending such claims.
Such a commitment to defense and indemnification is construed to the fullest extent permitted by law and will remain in effect upon termination or termination of this Agreement and your use of the Grindr Services.
LIMITATION OF GRINDR'S LIABILITY AND USER'S DAMAGES.
SELECTED STATE, LOCAL AND NATIONAL LAWS DO NOT ALLOW LIMITATION OF LIABILITY.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU.
FOR SUCH USERS, CERTAIN EXCEPTIONS ARE LISTED TO "SPECIAL TERMS FOR INTERNATIONAL USERS".
YOU ACKNOWLEDGE AND AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY GRINDR (AND YOU FOR THE PURPOSES OF THIS PARAGRAPH 18 It also includes ITS AFFILIATES, CONTRACTORS, EMPLOYEES, REPRESENTATIVES OR EXTERNAL PARTNERS OR SUPPLIERS) WILL NOT BE LIABLE TO THE USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PENALTY DAMAGES RELATED TO THE EXPECTED PERFORMANCE OF THE CONTRACT; (B) DISCLOSURE, DISPLAY OR STORAGE BY THE GRINDR OF INFORMATION REGARDING YOUR LOCATION; (C) THE USE OR IMPOSSIBILITY BY THE USER OF THE GRINDR SERVICES; (D) GENERALLY GRINDR SERVICES (INCLUDING GRINDR SOFTWARE) OR GRINDR SERVICING SYSTEMS; OR (E) ANY OTHER INTERACTION WITH THE GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR AN AUTHORIZED GRINDR REPRESENTATIVE HAVE BEEN INFORMED OF THE POSSIBILITIES OF SUCH OCCURRENCES.
YOU AGREE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION LEGAL shall survive termination or expiration THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF LIMITED preventive measure SPECIFIED IN THIS AGREEMENT WILL BE deemed not to meet HIS MAIN PURPOSE.
YOU ACKNOWLEDGE AND AGREE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY GRINDR (AND YOU FOR THE PURPOSES OF THIS PARAGRAPH 18 It also includes ITS AFFILIATES, CONTRACTORS, EMPLOYEES, REPRESENTATIVES OR EXTERNAL PARTNERS OR SUPPLIERS) WILL NOT BE LIABLE TO THE USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PENALTY DAMAGES RELATED TO THE EXPECTED PERFORMANCE OF THE CONTRACT; (B) DISCLOSURE, DISPLAY OR STORAGE BY THE GRINDR OF INFORMATION REGARDING YOUR LOCATION; (C) THE USE OR IMPOSSIBILITY BY THE USER OF THE GRINDR SERVICES; (D) GENERALLY GRINDR SERVICES (INCLUDING GRINDR SOFTWARE) OR GRINDR SERVICING SYSTEMS; OR (E) ANY OTHER INTERACTION WITH THE GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES, EVEN IF GRINDR OR AN AUTHORIZED GRINDR REPRESENTATIVE HAVE BEEN INFORMED OF THE POSSIBILITIES OF SUCH OCCURRENCES.
YOU AGREE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION LEGAL shall survive termination or expiration THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF LIMITED preventive measure SPECIFIED IN THIS AGREEMENT WILL BE deemed not to meet HIS MAIN PURPOSE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF GRINDR (OR ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY) FOR ALL DAMAGES, LOSSES AND GROUNDS FOR MAKING CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE BY YOU OF SERVICES GRINDR (WHETHER OR LIABILITY THIS IS A CONTRACTUAL, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESS TO SERVICES GRINDR DURING THE tWELVE (12) MONTHS PRECEDING THE DATE OF CLAIM OR THE AMOUNT OF FIFTY dOLLARS, ACCORDING TO THIS, WHICH OF THESE AMOUNTS IS THE GREATER.
THIS SECTION 18 IS NOT INTENDED TO DISCLAIM ANY LIABILITY WHICH THE GRINDR MAY NOT EXCLUDE UNDER APPLICABLE LAW.
CONFIRMATION OF THE BENEFITS OF CONCLUDING AN AGREEMENT WITH GRINDR.
THE USER ACKNOWLEDGES AND AGREES THAT GRINDR OFFERS THE GRINDR SERVICES IN ACCORDANCE WITH THE PRICE LIST AND CONTAINS THIS AGREEMENT, SUBJECT TO THE DISCLAIMER OF WARRANTY AND LIABILITY.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONTAINED HEREIN REFLECT equitable and reasonable ALLOCATION OF RISK BETWEEN YOU AND GRINDR AND THAT THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE THE MAIN BASE AGREEMENT BETWEEN YOU AND GRINDR.
GRINDR COULD NOT PROVIDE THE GRINDR SERVICES FOR YOU ON AN ECONOMICAL MANNER WITHOUT SUCH LIMITATIONS AND DISCLAIMERS.
WAIVER OF CLAIMS.
To the fullest extent permitted by law, the User hereby resigns and waives and indefinitely releases Grindr (and its managers, employees, representatives, successors and assigns) from all past, present and future claims, disputes, disagreements, demands, rights, obligations , liability, actions of any kind and causes (including for bodily injury, emotional exhaustion, identity theft, death, loss or damage to property) which arise or have entered into, directly or indirectly, or are directly or indirectly related to (1) any their interactions with other Users of the Grindr Services, their acts or omissions, or their User Content, or (2) third party websites, products and links included or provided by the Grindr Services.
DISPUTE SETTELEMENT; CONSENT TO ARBITRATION.
You and Grindr agree that any dispute arising out of or arising out of or relating to your use of, or access to, the Grindr Services, or the validity, interpretation, violation, enforcement or termination of this Agreement, or otherwise relating to Grindr (collectively, "Foreseen Disputes" ") Will be resolved in accordance with the provisions of paragraph 21.
Informal dispute resolution.
In the event of a dispute, you and Grindr agree that, prior to taking formal steps, you will contact us at legal@grindr.com and provide us with a brief written description of the dispute along with your contact details (including your email address associated with with your Account if the dispute relates to such an account) and wait sixty (60) days during which we will try to amicably resolve any dispute with you.
Governing Law.
You and Grindr agree that any disputes provided for will be governed, without regard to conflict of laws, by United States federal law, including the Federal Arbitration Act, and (to the extent contrary or limited to federal law), the laws of the State of California in the United States, except to the extent that expressly set out in the Special Conditions.
Arbitration.
You and Grindr agree that this Agreement and each part thereof is an acknowledgment of an interstate trade transaction, and the Federal Arbitration Act applies to all circumstances and governs the interpretation and enforcement of the arbitration and arbitration rules.
Any disputes covered by this Policy shall be resolved on an individual basis by means of binding arbitration conducted by the American Arbitration Association, "AAA," in accordance with accepted consumer arbitration rules (eg.
during personal meetings or tele- or videoconferences, as far as this is appropriate and permitted in order to reduce travel costs).
You and Grindr agree that the arbitrator will not conduct collective arbitration or aggregate claims made by or on behalf of individuals.
You and Grindr agree that the arbitrator, and not any federal, international, state or local court or agency, has sole authority to settle any dispute relating to the interpretation, applicability, enforceability or formulation of this Agreement, including any claim of nullity or voidability. all or any part of this Agreement or any claim that a particular claim is subject to arbitration.
You and Grindr agree that any award based on the arbitrator's decision may be made by any court of competent jurisdiction.
The arbitrator's decision in favor of the User or Grindr.
The User and Grindr agree that in cases where the amount of requests exceeds 5,000, the arbitrator's decision will take into account the fundamental findings and conclusions underlying the decision.
The arbitrator makes decisions on the content of claims in accordance with applicable law, taking into account the common principles of fairness, and takes into account all measures to protect the parties recognized by law.
The arbitrator is not bound by the decisions of previous arbitrations attended by other Users, but must consider any decisions relating to the same Grindr User to the extent required by applicable law.
You and Grindr agree that the arbitrator's decision is final and binding, and any award based on that decision may be made by any court of competent jurisdiction.
Securing claims and declarative judgment.
Except as provided in paragraph 21.
6 below, the arbitrator shall determine all liability issues based on the legitimacy of claims brought by the User or Grindr and may grant security for claims or a declarative judgment only in favor of the party seeking security and only to the extent necessary to secure the party's claim.
To the extent that the User or Grindr seeks securing public claims (i.e.
securing claims, the main purpose of which is to prohibit prohibited acts that may pose a risk of public harm in the future), the entitlement and scope of such securing of claims must be adjudicated in a civil court of competent jurisdiction and not by arbitration after the party seeking security has Public Claims first received a favorable ruling in arbitration.
The parties agree that any court proceedings relating to any issue of securing public claims will be suspended pending the outcome of the determination of the merits of any individual claim subject to arbitration.
Exceptions to the Agreement Relating to Arbitration.
There are only two exceptions to arbitration in this Agreement:
First exception: if either party reasonably believes that the other party has in any way infringed or has taken any action that threatens to infringe the other party's intellectual property rights, the infringed party may apply for securing its claims or for interim relief in any court with jurisdiction.
In addition, each party retains the right to apply for redress in a tribunal
small claims in the event of disputes or claims within the jurisdiction of such courts.
Party Responsible for the Costs of the Arbitration.
You and Grindr agree that registration, government, and arbitrator fees will be paid in accordance with the AAA Rules, unless otherwise provided in this arbitration agreement.
Future Arbitration Agreement Changes.
Except as otherwise provided in this Agreement, you and Grindr agree that if Grindr changes this arbitration agreement in the future, such amendment will not apply to claims for which legal action has been initiated against Grindr prior to the effective date of such amendment. .
However, such amendment will apply to any other dispute or claim under the arbitration agreement that has arisen or may arise between you and Grindr.
If you do not agree to the amended terms, you may close your account within thirty (30) days after such notice is posted and you will not be bound by the revised terms as a result.
Forum for the resolution of legal disputes.
Unless you and Grindr agree otherwise and except as provided in clause 21.
6.
2 (court of
small claims), if the above arbitration agreement is deemed not binding on the User or a specific dispute or claim as a result of the User's decision to withdraw from the arbitration agreement, as a result of an arbitrator's decision or a court ruling, or in a situation where the User is a foreign user to which this arbitration agreement does not apply, you agree (unless otherwise required by law) that any claim or dispute that arises or may arise between you and Grindr must be settled only by a state or federal court in the district Los Angeles, California.
You and Grindr agree to submit to the exclusive personal jurisdiction of the courts of Los Angeles County, California, for the purpose of resolving all claims or disputes.
YOU MAY CANCEL THE ARBITRATION.
NEW GRINDR USERS MAY OBJECT AN ARBITRATION AGREEMENT ("CANCELLATION") BY SENDING US AN EMAIL WITH SUCH CANCELLATION TO ARBITRATIONOPTOUT @ GRINDR.
COM ("CANCELLATION") OR BY CORRESPONDENCE: Grindr LLC, PO Box 69176, West Hollywood, CA 90069.
THE GRINDR MUST RECEIVE A CANCELLATION WITHIN THIRTY (30) DAYS FROM THE DATE OF FIRST ACCEPTANCE OF THIS AGREEMENT.
PREVIOUS USERS OF THE GRINDR MAY SUBMIT AN ARBITRATION CANCELLATION WITHIN THIRTY (30) DAYS FROM THE PUBLICATION OF THE NEW TERMS.
Arbitration Opt-Out Procedure.
To opt out of arbitration, you must email us your full name, address (street, city, state, zip code), address (es) associated with the affected User Account (s) and an unprocessed digital a picture of the User's valid driving license to the following address: arbitrationoptout@grindr.com.
This procedure is the only way to opt out of an arbitration agreement.
If you choose to opt out of the arbitration agreement, all other parts of this Agreement and the dispute part (including section 19 (Acknowledgment of Benefits of Entering into a Grindr Agreement) and sections 14 to 18 (14 - Ads; 15 - End User Licenses; 16 - Grindr's Disclaimers; No Warranty to User, 17 - Grindr Indemnification and Indemnification, and 18 - Grindr's Limitation of Liability and User Compensation)) will continue to apply to you.
Opting out of an arbitration agreement will not affect any prior, different, or future arbitration agreements that you may enter into with Grindr.
THE USER DISCLAIMS SELECTED RIGHTS.
BY ACCEPTING THIS AGREEMENT, YOU WILL NOT CANCEL ANY RIGHTS THAT YOU MAY HAVE (I) IN CONNECTION WITH A COURT PROCESS (OTHER THAN IN A COURT COURT COURT.
SMALL CLAIMS CIVIL AS DEFINED ABOVE), (II) THE PRESENCE AS PROXY, as a party plaintiff PRIVATE INTEREST PUBLIC OR AS ANY OTHER REPRESENTATIVE OR TO PARTICIPATE AS A MEMBER OF THE GROUP The lawsuit COLLECTIVE, IN ANY lawsuit, arbitration, OR OTHER PROCEEDINGS BROUGHT AGAINST THE GRINDR AND / OR RELATED THIRD PARTIES, EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) IN CONNECTION WITH THE PROCESS.
LIMITATION OF USER CLAIMS.
REGARDLESS OF ANY OTHER LAWS, ANY CLAIMS OR GROUNDS FOR CLAIMS ARISING ON OR RELATING TO THE USE OF THE SITE OR SERVICES, OR SUBJECT TO THIS AGREEMENT, MUST BE SUBMITTED OR SUBJECT TO (1) WHATSOEVER.
NOTIFICATION AND DELETION POLICY.
Grindr respects intellectual property rights and expects the Users to do the same.
Grindr will promptly and without notice terminate the accounts of any Users who, in Grindr's sole discretion, have repeatedly violated such rights.
A repeat infringer is a User who has been notified by Grindr at least two times of the infringement and / or whose User Content has been removed from the Grindr Services at least twice. (
Please note that in accordance with paragraph 8.
3 we reserve the right to close accounts for a single violation.)
If you, who are the copyright owner or its representative, believe that content posted on the Grindr Services infringes your copyright, you may submit it to the Designated Anti-Virus Agent.
Grindr copyright notice containing the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work that is allegedly infringed or, if multiple copyrighted works are included in a single notification that have been made available on the applicable Grindr Services, a representative list of such sections made available on the applicable Grindr Services;
Identification of the material that is allegedly infringed or that is subject to infringement and that is to be removed or blocked; sufficient information to enable Grindr to determine the location of such material;
Sufficient information to enable Grindr to contact the complaining party, e.g.
address, telephone number and, if available, an email address for contacting the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner described in the complaint is not authorized by the copyright owner, its agent, or the law (e.g.
I have a good faith belief that use of the copyrighted content located in the location indicated is not authorized by the copyright owner, its agent, or the law. ”);
and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right in respect of the alleged infringement (e.g.
I certify, under pain of liability for making false statements, that the information contained in this notification is accurate and that I am the copyright owner or have been authorized to act on behalf of the copyright owner, which may be infringed by the above-mentioned content. ") .
You may submit a notification of the alleged violation to the Designated Compromise Agent.
copyright Grindr to the following address:
Grindr LLC
Attention: Copyright Agent
P.
O.
Box 69176
West Hollywood, CA 90069
Phone: (310) 776-6680
Email: help@grindr.com
For the sake of clarity, to the address of the Designated
Grindr copyright notice only the notices provided in this section should be submitted.
You acknowledge that notification to the Designated Hearing Agent
copyrights will only be valid after all the requirements of section 22 have been complied with.
Note that under section 512 (f) of the US Copyright Act, anyone who intentionally submits false information about infringement of the material or activity is liable.
ADDITIONAL APPLE APP STORE TERMS.
The following additional terms apply to a User of the Grindr Software downloaded from the Apple App Store.
To the extent that the remaining terms of this Agreement are less stringent or inconsistent with the terms of this Section 23, the more stringent or conflicting terms in this Section 23 will apply, but only with respect to the Grindr Software downloaded from the Apple App Store:
Confirmation.
Grindr and you acknowledge that this Agreement is made solely between Grindr and you, not Apple, and that Grindr, not Apple, is solely responsible for the Grindr Software and its content.
To the extent that this Agreement contains terms that are less restrictive or inconsistent with the Grindr Software Usage Policy in the Apple App Store Terms of Service, Apple's more restrictive or conflicting terms will apply.
Scope of the license.
The license granted to you for the Grindr Software is limited to a non-transferable license to use the Grindr Software on an iOS device owned and controlled by you and in accordance with the Usage Policy set out in the Apple App Store Terms of Service.
Maintenance and support.
Grindr is solely responsible for providing maintenance and support services for the Grindr Software in accordance with this Agreement (if applicable) or as required by applicable law.
Grindr and You acknowledge that Apple has no obligation to provide maintenance and support for the Grindr Software.
Warranty.
Grindr is solely responsible for any product warranties (express or implied by law) to the extent that they have not been effectively excluded.
If the Grindr Software fails to meet the applicable warranty requirements, you may notify Apple and Apple will refund the purchase price of the Grindr Software to you; and, to the fullest extent permitted by law, Apple will have no other warranty obligations with respect to the Grindr Software, and any other claim, loss, liability, damage, cost or expense related to non-compliance with the warranty terms will be the sole responsibility of Grindr.
Product Claims.
Grindr and You acknowledge that Grindr, and not Apple, is responsible for handling any claims by you or any third party relating to the Grindr Software or your possession and / or use of the Grindr Software, including product liability; (ii) any claim relating to non-compliance of the Grindr Software with applicable legal or regulatory requirements; and (iii) claims arising from consumer protection or similar legislation.
This Agreement does not limit Grindr's liability to you beyond the extent permitted by applicable law.
Intellectual Property Rights.
Grindr and you acknowledge that in the event of a third party claim alleging infringement of a third party's intellectual property rights by the Grindr Software, or your possession or use of the Grindr Software, Grindr, and not Apple, will be solely responsible for analyzing and satisfying any claims arising from infringement of intellectual property rights and defense against such claims.
Legal compliance.
You represent and warrant that (i) you are not located in a country that has been embargoed by the US government or that has been determined by the US government to support terrorism; and (ii) is not on any Prohibited or Restricted Persons List by the United States Government.
The name and address of the developer of the software.
Grindr's contact information for end-user inquiries, complaints and claims regarding the Grindr Software is provided in section 25.
7 below.
Third party contractual terms.
When using the Grindr Software, you must comply with the third party's applicable contractual terms.
Third party beneficiary of rights.
Grindr and you acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of the rights under this Agreement and that upon your acceptance of the terms of this Agreement, Apple will be entitled (and deemed to have been granted the right to be enforce this Agreement from you as a third party beneficiary of the rights hereunder.
SPECIAL TERMS RELATING TO THE RIGHT OF WITHDRAWAL.
The following provisions are added to this Agreement for Paid Subscription Users residing in the following states: Arizona, Connecticut, Illinois, Iowa, California, North Carolina, Minnesota, New Jersey, New York, Ohio, Rhode Island, Wisconsin, or any other state where rights may require notice of cancellation rights: the User who purchases may withdraw from this Agreement free of penalties and claims at any time before midnight on the third business day specified in relation to the seller indicated in the original contract, following the date of conclusion of this contract , not including Sundays and public holidays.
To withdraw from this Agreement, you must post or provide a signed and dated notice, or send a telegram stating that the Buyer User is waiving this Agreement, or other wording having a similar meaning.
The notification should be sent to the following address:
Grindr LLC
P.
O.
Box 69176
West Hollywood, CA 90069
In the event of the User's death before the end of the paid subscription period, the curator of the User's inheritance is entitled to a refund of a part of the fee paid by the User for the subscription for the period after the User's death.
If the User becomes disabled (in a way that prevents the use of a paid subscription, and such disability is confirmed in writing by a doctor) before the end of the paid subscription period, the User is entitled to a refund of the part of the subscription fee paid by the User for the period following the acquisition of the disability by sending Grindr a notification to the address indicated above.
MISCELLANEOUS.
Severability of provisions, waiver of contractual provisions.
You and Grindr agree that if any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, then such provision shall be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions.
The provisions of this Agreement may only be waived in the form of a written document signed by the party entitled to benefit from such provision.
The failure of either party to comply with any provision of this Agreement shall in no way affect that party's right to enforce such performance in the future.
A waiver of any breach of any provision of this Agreement shall not be deemed a further waiver of any breach of the same or any other provision of this Agreement.
Notifications.
Grindr may provide you with notices, including changes to this Agreement, by email or by posting them on the Grindr Services.
The user hereby agrees to use electronic means of communication.
In order to notify Grindr of notification, the User may send such notification to the correspondence address and e-mail address provided in clause 25.
7, and service will be effective upon receipt of the notification.
No ceding by the User, possibility of ceding by Grindr.
You may not transfer or assign this Agreement or any rights and licenses therein.
However, Grindr may, at any time and for any reason, transfer or assign this Agreement and its obligations to a third party without restriction.
You hereby acknowledge and agree that if our company, business or assets are acquired by another company, such acquisition may involve the sale or transfer of User Content, and you consent to such transfer without further action or confirmation.
Post-Agreement provisions.
The following sections will apply after termination of this Agreement or your use or subscription to the Grindr Services: 1-3, 4.
3, 4.
4, 5–7, 9.
6, 9.
7, 10, 12–14, 15 (excluding 15.
2), 16–23 i 25.
No external rights beneficiaries.
Previous, current and future Grindr affiliates (i.e.
Grindr's controlling companies, controlled by or jointly controlled by Grindr) are the external beneficiary of all rights, protections and benefits granted to Grindr under this Agreement, including paragraph 21.
For the rest, there are no external beneficiaries of the rights under this Agreement.
Headlines; the entire Agreement.
The headings in this Agreement are provided for your convenience only.
These headings do not form part of, and do not limit, or affect this Agreement in any way.
This Agreement contains examples which are not intended to be an exhaustive list of examples.
This Agreement constitutes the entire agreement concluded between the User and Grindr regarding the subject matter described in it, and any changes to this Agreement require the consent of both parties and in writing.
Providing answers; User inquiries.
The services described in this Agreement are offered by Grindr LLC, PO Box 69176, West Hollywood, CA 90069, USA.
If you have any questions or complaints, please write to the above address or help@grindr.com.
California residents can contact the Customer Service Division of the Relief Department.
California consumer by writing to 1625 North Market Blvd.,
Sacramento, CA 95834 or by calling (916) 445-1254 or (800) 952-5210.
Special conditions for international users
UNITED KINGDOM.
The following provisions shall apply to Users residing in the UK, to the extent required by applicable law, and supersede any conflicting terms in this Agreement:
Withdrawal from the contract within 14 days.
The User has the right to withdraw from the contract for the provision of Premium Grindr Services within fourteen (14) days without giving any reason.
The withdrawal period will expire fourteen (14) days after the User purchases Premium Grindr Services.
If the User has used the free trial period, the withdrawal period will expire fourteen (14) days from the start of the trial period.
In order to exercise your right of withdrawal from Grindr Premium Services within the fourteen (14) day-long withdrawal period, you must send an email to help@grindr.com clearly informing us of your cancellation.
The user may use the model withdrawal form in Annex I (B) of the Consumer Rights Directive.
We will immediately send you an e-mail confirming receipt of the decision to withdraw.
In order to meet the withdrawal period, it is sufficient to send a notice of exercising the right to withdraw from the contract before the withdrawal period has expired.
There are no separate cancellation fees but, except as provided in this Agreement, you are also not entitled to any refunds.
You will be reimbursed the pro rata amount of the Premium Services usage fee for the unused period of use.
You will still be required to pay the Premium Services fee for the Premium Services period until we receive your opt-out decision (excluding the free trial period for which no fee is charged) and we will therefore not refund that portion of the period Premium Services.
We will make the refund without undue delay, no later than fourteen (14) days after the day on which the User informed us of his decision to withdraw from the contract for Premium Services.
The refund will be made through the same payment methods that the User used for the original transaction, unless the User expressly agrees to a different method.
Exceptions to Limitations of Liability.
Nothing in this Agreement shall exclude or limit the liability of Grindr (or its affiliated companies, contractors, subcontractors, directors, officers, employees, agents, third party suppliers or licensors) for death or personal injury resulting from our negligence, fraud or fraudulent activity. provide false information or any other liability that cannot be excluded or limited under applicable law.
ARBITRATION NOT APPLICABLE TO YOU.
YOU ARE A NON RESIDENT OF GREAT BRITAIN AND AFFECTED DIRECTIVE ON ALTERNATIVE METHODS OF DISPUTE SETTLEMENT (2013/11 / EU) AND REGULATION ON THE INTERNET DISPUTE SETTLEMENT SYSTEM (EU 524/2013) (ANY AND REGULATIONS EXECUTIVE MEMBER STATES EU) SHALL NOT BE SUBJECT TO THE AGREEMENT ABOUT ARBITRATION UNDER SECTION 21.
CONSIDER THE PROVISIONS OF PARAGRAPH 21.
8 (FORUM FOR THE RESOLUTION OF LEGAL DISPUTES) UNLESS LEGAL PROVISIONS PROVIDE DIFFERENTLY.
CAREFULLY READ SECTION 21.
8.
The European Online Dispute Resolution platform is available on the following link: ODR Platform.
No impact on consumer law.
As a consumer, the User will use the mandatory norms of the law of his place of stay.
Nothing in these terms, including but not limited to
paragraph 21, does not affect the rights of the User as a consumer to rely on mandatory local law.
Venue.
The local law of your jurisdiction may allow you to settle any dispute relating to this Agreement in your local courts, notwithstanding clause 21.
We agree that all disputes not covered by subsection 21.
were adjudicated in courts located in Los Angeles, California, USA.
This Agreement does not limit such rights of the User, which apply regardless of the terms of the agreements concluded by the User.
By entering into this Agreement or otherwise, Grindr will not consent to the jurisdiction of any courts other than those mentioned in subsection 21.
Grindr reserves the right to object to the jurisdiction of any other court.
EUROPEAN UNION.
The following provisions shall apply to Users residing in the European Union, to the extent required by applicable law, and replace any conflicting terms contained in this Agreement.
Withdrawal from the contract within 14 days.
The User has the right to withdraw from the contract for the provision of Premium Grindr Services within fourteen (14) days without giving any reason.
The withdrawal period will expire fourteen (14) days after the User purchases Premium Grindr Services.
If the User has used the free trial period, the withdrawal period will expire fourteen (14) days from the start of the trial period.
In order to exercise your right of withdrawal from Grindr Premium Services within the fourteen (14) day-long withdrawal period, you must send an email to help@grindr.com clearly informing us of your cancellation.
The user may use the model withdrawal form in Annex I (B) of the Consumer Rights Directive.
We will immediately send you an e-mail confirming receipt of the decision to withdraw.
In order to meet the withdrawal period, it is sufficient to send a notice of exercising the right to withdraw from the contract before the withdrawal period has expired.
There are no separate cancellation fees but, except as provided in this Agreement, you are also not entitled to any refunds.
You will be reimbursed the pro rata amount of the Premium Services usage fee for the unused period of use.
You will still be required to pay the Premium Services fee for the Premium Services period until we receive your opt-out decision (excluding the free trial period for which no fee is charged) and we will therefore not refund that portion of the period Premium Services.
We will make the refund without undue delay, no later than fourteen (14) days after the day on which the User informed us of his decision to withdraw from the contract for Premium Services.
The refund will be made through the same payment methods that the User used for the original transaction, unless the User expressly agrees to a different method.
Exceptions to Limitations of Liability.
Nothing in this Agreement shall exclude or limit the liability of Grindr (or its affiliated companies, contractors, subcontractors, directors, officers, employees, agents, third party suppliers or licensors) which cannot be excluded or limited under applicable law.
ARBITRATION NOT APPLICABLE TO YOU.
YOU ARE A NON RESIDENT OF THE EUROPEAN UNION AND THE STATE AFFECTED DIRECTIVE ON ALTERNATIVE METHODS OF DISPUTE SETTLEMENT (2013/11 / EU) AND REGULATION ON THE INTERNET DISPUTE SETTLEMENT SYSTEM (EU 524/2013) (ANY AND REGULATIONS EXECUTIVE MEMBER STATES EU) SHALL NOT BE SUBJECT TO AGREEMENT FOR ARBITRATION UNDER SECTION 21.
CONSIDER THE PROVISIONS OF PARAGRAPH 21.
8 (FORUM FOR THE RESOLUTION OF LEGAL DISPUTES) UNLESS LEGAL PROVISIONS PROVIDE DIFFERENTLY.
CAREFULLY READ SECTION 21.
8.
The European Online Dispute Resolution platform is available on the following link: ODR Platform.
No impact on consumer law.
As a consumer, the User will use the mandatory norms of the law of his place of stay.
Nothing in these terms, including but not limited to
paragraph 21, does not affect the rights of the User as a consumer to rely on mandatory local law.
Venue.
The local law of your jurisdiction may allow you to settle any dispute relating to this Agreement in your local courts, notwithstanding clause 21.
We agree that all disputes not covered by subsection 21.
were adjudicated in courts located in Los Angeles, California, USA.
This Agreement does not limit such rights of the User, which apply regardless of the terms of the agreements concluded by the User.
By entering into this Agreement or otherwise, Grindr will not consent to the jurisdiction of any courts other than those mentioned in subsection 21.
Grindr reserves the right to object to the jurisdiction of any other court.
SPAIN.
In addition to the terms set out above for residents of EU member states and superseding conflicting terms in this Agreement, the following provisions shall apply to Users residing in Spain, to the extent required by applicable law:
Language.
The Spanish language version of this Agreement prevails.
Changes.
Grindr will inform the User of any material changes to the Services and / or the Guidelines and any changes to these Terms.
Subscription renewal.
Grindr will notify you in advance (either directly or via the app store) of the renewal date for Premium Services and of the trial subscription before charging your credit or debit card.
Author's moral rights.
You cannot assign or waive your personal copyrights in your User Content.
PORTUGAL.
In addition to the terms set out above for residents of EU member states and superseding conflicting terms in this Agreement, the following provisions apply to Users residing in Portugal to the extent required by applicable law:
Language.
The Portuguese language version of this Agreement prevails.
Changes.
Grindr will inform the User of any material changes to the Services and / or the Guidelines and any changes to these Terms.
Subscription renewal.
Grindr will notify you in advance (either directly or via the app store) of the renewal date for Premium Services and of the trial subscription before charging your credit or debit card.
Author's moral rights.
You cannot assign or waive your personal copyrights in your User Content.
GERMANY.
The following provisions shall apply to Users residing in Germany, to the extent required by applicable law, and supersede any conflicting terms in this Agreement:
Consent to delete data.
You understand that by using the Grindr Services, you consent to the deletion of your data (e.g.
chat records) as soon as they are transferred to other Users.
Limitation of Liability.
The following applies in lieu of conflicting 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 increase.
Notwithstanding clause 6, we will only increase prices and change the Services to the extent permitted by German law.
No compensation.
Section 17 does not apply to you.
Account closure.
Grindr may only close a User account if the User breaches this Agreement or the law.
In the event of account closure, Grindr will refund the fees in accordance with German law.
The refund will be made through the same payment methods that the User used for the original transaction, unless the User expressly agrees to a different method.
Author's moral rights.
You cannot assign or waive your personal copyrights in your User Content.
CANADA.
If you are a Canadian resident, to the extent required by applicable law, the following provisions shall supersede any conflicting terms in this Agreement:
Dispute settelement.
Paragraphs 3-21.
7 (Arbitration) and / or 21.
11 (Class Action Waiver) will not apply to you if such provisions are unenforceable in your province.
In all such cases, paragraph 21.
8 will continue to apply.
Right of withdrawal.
Residents of selected provinces may be entitled to withdraw from Premium Services in accordance with applicable local law.
Grindr will recognize such cancellation rights.
AUSTRALIA.
The following provisions shall apply to Users who reside in Australia, to the extent required by applicable law, and supersede any conflicting terms in this Agreement:
Transferring personal data to other countries.
By consenting to the transfer and processing of your data in the United States and other jurisdictions around the world, you acknowledge that other jurisdictions (including the United States) may not offer privacy measures equivalent to those under the Privacy Act 1988 (
Eg).
You may not have a remedy against Grindr as neither the Australian Privacy Principle 8.
1 and Section 16C of the Privacy Act will not apply.
Reverse engineering.
Restriction on modification, disassembly, decompilation, or reverse engineering of the Grindr Services is governed by your rights under Part III, Chapter 4A (Non-Infringement Activities in Computer Programs) of the Copyright Act 1968 (
Eg).
Consumer guarantees.
Grindr's liability for failure to comply with applicable consumer warranties under Part 3-2 of Chapter 1 of the Australian Consumer Law is limited to:
in the case of goods delivered to the User: replacement of goods or delivery of replacement goods (or refund of the cost of replacement or replacement) or repair of goods (or refund of the cost of repair); and
in the case of services provided to the User: re-delivery of services or reimbursement of the cost of re-delivery of services.
ARGENTINA.
If you are a resident of Argentina, the following provisions shall apply, to the extent required by applicable law, and supersede any conflicting terms in this Agreement:
Withdrawal from the contract within 10 days.
You have the right to withdraw from Grindr Premium Services within ten (10) days without giving any reason.
The cooling-off period will expire ten (10) days after the User purchases Premium Grindr Services.
If the User has used the free trial period, the withdrawal period will expire ten (10) days from the commencement of the trial period.
In order to exercise your right of withdrawal from Grindr Premium Services within the ten (10) day cooling off period, you must send an email to help@grindr.com clearly informing us of your cancellation.
We will immediately send you an e-mail confirming receipt of the decision to withdraw.
In order to meet the withdrawal period, it is sufficient to send a notice of exercising the right to withdraw from the contract before the withdrawal period has expired.
There are no separate cancellation fees but, except as provided in this Agreement, you are also not entitled to any refunds.
You will be reimbursed the pro rata amount of the Premium Services usage fee for the unused period of use.
You will still be required to pay the Premium Services fee for the Premium Services period until we receive your opt-out decision (excluding the free trial period for which no fee is charged) and we will therefore not refund that portion of the period Premium Services.
We will make the refund without undue delay.
The refund will be made through the same payment methods that the User used for the original transaction, unless the User expressly agrees to a different method.
Notification and Content Removal Policy.
The Argentina-based Users are not subject to the Notice and Takedown Policy in Section 22.
Conversely, if you believe that any content posted on the Grindr Services harms You and may be considered manifestly unlawful, you may submit a notice to Grindr, specifying such content and providing documents proving your identity and a description of the damage suffered as a result of such content.
Grindr will review the claim and, if the material is found to be manifestly illegal (e.g.
child pornography, crime data, criminal or racist references), then Grindr will proceed with the removal procedure.
Any other content that could be harmful, but that cannot be deemed to be manifestly illegal, will not be subject to Grindr's removal procedure, unless you provide a court order to remove such content.
All notices related to such procedure should be sent to legal@grindr.com.
BRAZIL.
The following provisions shall apply to Users residing in Brazil, to the extent required by applicable law, and supersede any conflicting terms in this Agreement:
Right to withdraw.
You have the right to withdraw from the Grindr Services within seven (7) calendar days without giving any reason.
The withdrawal period will expire seven (7) calendar days after the User purchases Premium Grindr Services.
In order to exercise your right of withdrawal from the Grindr Services during the seven (7) day cooling off period, you must contact us by sending an email to legal@grindr.com clearly informing us of your opt-out.
We will immediately send you an e-mail confirming receipt of the decision to withdraw.
In order to meet the withdrawal period, it is sufficient to send a notice of exercising the right to withdraw from the contract before the withdrawal period has expired.
We will refund any amounts paid by you.
We will make the refund without undue delay and as soon as possible after the day on which the User informed us about his decision to withdraw.
The refund will be made through the same payment methods that the User used for the original transaction, unless the User expressly agrees to a different method.
Arbitration does not apply to you.
Any disputes arising from this Agreement will be settled by the court competent for the place of residence of the User.
Notification of removal of sensitive or private content.
In the event of unauthorized disclosure of images, videos, photos or any other User's material depicting nudity or private sexual content, Grindr will take all necessary steps, to the extent applicable to our technical services, to remove such content in a careful manner and as quickly as possible. time, provided that the User informs us of the material breach, identifying the prohibited material accurately.
In addition, if you come across false, offensive, indecent or unpleasant content from other Users, you may inform us of such content, enabling us to take action to remove it.
Application of Brazilian law.
You and Grindr agree that Brazilian law will also apply to this Agreement, in particular the rights to privacy, the protection of personal data, the confidentiality of private conversations and logs.
User and Grindr agree to comply with all applicable Brazilian law.
Storage of User Account documentation.
In accordance with applicable Brazilian law, we will keep application logs confidential, in a controlled and secure environment for six (6) months from the date you subscribe.
We reserve the right to disclose application logs and / or other account documentation, including private conversations, to comply with a court order.
Accrual of penalties.
If Grindr at any time elects to charge you for some or all of the Grindr Services, a message will appear on your mobile device screen allowing you to (i) confirm the relevant services and the fee charged for them, in which case you will be required to provide your credit card details ; or (ii) declining the applicable services and continuing to use the free portion of the Grindr Services.
Limitation of Liability.
The limitation of liability provisions in this Agreement may not, in principle, apply to you as the obligation to pay damages is a public order policy in Brazil.
The User and Grindr are aware that Brazilian law does not provide compensation for indirect damages, but only for actual losses and loss of profits caused directly and immediately by such damages.
Limitation of the User's claims.
The provisions of this Agreement related to the limitation of claims may not apply to the User if the relevant Brazilian regulations provide for a different or specific period of limitation of claims.
In this case, the User will be subject to a specific limitation period provided for in the applicable Brazilian law.
Changes to this Agreement.
We reserve the right to amend, at any time, for any reason and in our sole discretion, any provision contained in this Agreement notwithstanding your prior consent.
The user will be informed of such changes.
Effective Date: April 1, 2020
or on the date of acceptance by the user.