By accessing the App, downloading and installing the App onto your device, or clicking on the “Accept” button below, [b]you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the App, and you must not use it and you must uninstall the App from your device. We may immediately terminate these Terms, the App, or generally cease offering or deny access to the App or any portion thereof, at any time for any reason.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 20.2 below. Any controversy, allegation, or claim that arises out of or relates to the App, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
You must be at least 18 years of age in order to use the App.
YOU UNDERSTAND THAT SPOT.LOVE DOES NOT CONDUCT BACKGROUND CHECKS (INCLUDING BUT NOT LIMITED TO CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION CHECKS OF USERS). SPOT.LOVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, LEGITIMACY, INTENTIONS, IDENTITY, OR VERACITY OF USERS. NEVERTHELESS, SPOT.LOVE RESERVES THE RIGHT—AND YOU AUTHORIZE SPOT.LOVE —TO CONDUCT ANY BACKGROUND CHECKS OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF WE DECIDE TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE US TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. Spot.Love is not responsible for the conduct of any user on or off the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person. Please check out our Safety Tips here[c] for more information.
SPOT.LOVE HAS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE OR ABUSIVE USER CONTENT (SEE SECTION 5). ANY SUCH USER CONTENT REPORTED TO SPOT.LOVE WILL BE REMOVED AND THE USER PROVIDING SUCH CONTENT WILL BE PERMANENTLY REMOVED FROM THE APP[d] WITHOUT REFUND.
YOUR ACCESS TO THE APP
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from which you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail. You and we acknowledge and agree that, if you have downloaded the App from the Apple AppStore, Apple, and Apple’s subsidiaries, are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next start the App (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.
From time-to-time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain device models. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the App and any updates thereto. Spot.Love does not guarantee the App will function on any particular network or device. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.
Access to the App may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
PERMITTED USE AND RESTRICTIONS
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license (i.e. permission) to use the App solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the App for your personal purposes only.
In order to use the App, you must register and maintain an active personal user account (“Account”). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by Spot.Love in writing, you may only possess one Account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the App. You may not pretend to be somebody else when registering and/or setting up an Account.
Except as explained in these Terms or as permitted by any applicable local law, you shall not (and shall not permit any third party to): (a) copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of creating a back-up copy, (b) rent, lease, sub-license (i.e. grant anyone else the permission to use the App), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the App (or any part of it), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, or (e) provide, sell, or otherwise make available the App in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third party to use) the App: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App, (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (iii) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, (iv) via use of a robot, spider, or other automated device to monitor or copy the App or any information provided by the App, (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
SECURITY AND PASSWORDS
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password including, but not limited to, use of the Account by any person, with or without authorization, or who has access to any computer on which your Account resides or is accessible. You must not disclose your password or any other authentication information to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of your Account.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us and/or deactivate your Account without refund, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Furthermore, the content included on your individual profile should be relevant to the intended use of the App. You must not display any personal sensitive or personal contact information, whether in relation to you or any other person (for example, home address, banking details, social security numbers, mobile number). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
YOUR PROMISES TO US
You promise to us that (a) you are authorized to agree to these Terms and you have not misrepresented yourself in any way, (b) you are at least 18 years of age and either single or separated from your spouse, (c) you have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar, severity), a sex crime, or any crime involving violence, or are otherwise legally prohibited from using our services, (d) you are not required to register as a sex offender with any state, federal or local sex offender registry, (e) you have not previously been removed from the App by us, (f) you will not engage in any obscene, offensive, pornographic, nude, violent, deceptive, threatening, harassing, mistreating, bullying, abusive, upsetting, alarming, disrespectful, stalking, illegal, or otherwise objectionable behavior which may cause annoyance, inconvenience or needless anxiety to any of our users, (g) you will not engage in commercial behavior or activities, (h) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country, (i) you are not listed on any United States government list or prohibited or restricted parties, (j) you assume the risk of any information submitted by you, and (k) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us of which you become aware.
Whenever you make use of a feature that allows you to upload any content such as any text, audio, video, or other content via the App (“User Content”), or to share any User Content with other users of the App, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, harassing, abusive, disrespectful, pornographic, or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Although we may not actively monitor all User Content, we have the right to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate. We encourage you to report any inappropriate User Content or misconduct by other users. You can report a user directly through the [“Report a Concern”] link on a user’s profile or by emailing us at firstname.lastname@example.org. You can also end any video with another user immediately, provide feedback, and block any user from access to your Account by [insert].
You acknowledge that any User Content you upload could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to indemnify, defend and hold us and our affiliates, and their respective business partners, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third-party relating in any way to your use of the App or breach of these Terms, or from any third-party claims arising as a result of your use of the App. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties. We will not be responsible, or liable to any third-party, for any User Content submitted by you or any other user of the App.
The App may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Spot.Love, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spot.Love. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
COPYRIGHT INFRINGEMENT – DCMA NOTICE
Spot.Love complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the App you may contact our designated agent at the following address:
Any notice alleging that materials hosted by or distributed through the App infringes intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the App of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you choose to purchase a subscription from us, you agree that, with your authorizations, we (or the third party app store that you select, e.g., Apple, Google) may charge your credit card or other chosen Payment Method selected by you, and you understand that all payments must be in U.S. dollars. If you select a third party app store, payments will be processed in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your third party app store account. Your third party app store account will continue to be periodically charged for the subscription until you cancel. If you purchase a subscription directly from us, your Payment Method under your Account will continue to be periodically charged for the subscription until you cancel.
We accept the following Payment Methods at this time: [Visa, Mastercard, American Express, or Discover]. Spot.Love uses authorized third parties for the purpose of processing your transactions, including fraud prevention, and credit card authorization. By submitting your credit card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third parties. You agree that Spot.Love will not be responsible for any failures of such third parties to adequately protect your information.
All prices displayed on the App are quoted in U.S. Dollars. You acknowledge and agree that you are solely responsible for all fees associated with your chosen method of payment, such as foreign transaction fees, overdraft fees, third party app store fees, or other fees relating to the processing of your payment. We cannot guarantee the availability of a particular service at any particular time, and we reserve the right to change and/or cancel our service offerings on the App, without notice, at any time.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
All services sold by or received from Spot.Love are intended to be used for personal purposes only, and you may not sell or resell any services you purchase or otherwise receive from Spot.Love. Spot.Love reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or services to be provided to you that may result in a violation of these Terms, as determined by Spot.Love in its sole discretion.
If you wish to create and maintain a Premium Account, unless otherwise specified in writing by Spot.Love, you must purchase a recurring subscription of our services whereby you select the type of service (e.g., Premium) you would like to receive. Your subscription will continue and automatically renew, on a monthly basis, for the price you agreed to when subscribing, until terminated. To use the subscription service, you must provide us with a current, valid, accepted method of payment (“Payment Method”). You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle.
Billing cycle. The subscription fee for the Spot.Love services and any other charges you may incur in connection with your use of the services, such as taxes and possible transaction fees, will be charged to your selected Payment Method on a monthly basis on [the date indicated in your account page.]
Payment Method. To use the subscription service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary payment method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend the subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees, overdraft fees, or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Updating your Payment Methods. Subscribers can update their Payment Methods through their Account. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
Cancellation. You can cancel your subscription at any time.
If you subscribed using a third party app store, for example, using your Apple ID, your cancellation requests must be handled by Apple, not Spot.Love. To request a cancellation, please contact your third party app store directly. You must log in to your third party app store account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device.
If you subscribed using Spot.Love directly, please send an email to email@example.com to cancel your subscription.[k][l][m]
If you initiate a chargeback or otherwise reverse a payment made with your third party app store account, Spot.Love may, at its sole discretion, terminate your Account immediately. However, in the event that your chargeback or other payment reversal is overturned, Spot.Love will retain all funds charged to your third party app store account until you cancel your subscription through your third party app store account.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: You may cancel your subscription and request a refund at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Spot.Love) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund If you subscribed using your Apple ID, refunds are handled by Apple, not Spot.Love. If you wish to request a refund, please visit https://getsupport.apple.com.
For subscribers residing in Illinois, California, New York, North Carolina, and Ohio: If you believe that you have moved outside a location where we provide the App, please contact us in writing by [insert], and we will work with you to provide alternative services or a refund.
Depending on your state of residence, you may also be able to put your Account on hold for a defined period of time. Please contact us for more information.
Changes to the subscription plan or price. We reserve the right to change our subscription plan or adjust pricing for the subscription service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription will take effect following notice to you.
In addition, from time-to-time, you may be able to buy a limited, personal, non-transferable, non-sublicensable, revocable license to use certain features (e.g., date coaching, professional profile creation, curated matches, curated dates, etc.) of the App (“Virtual Items”). Virtual Items must be purchased from and redeemed through our App, when available. All licenses to Virtual Items will be governed by these Terms, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. For the avoidance of doubt, these Terms, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.
Your license for Virtual Items will terminate on the earlier of: (i) Spot.Love cancelling of the App or the applicable Virtual Items at its sole discretion and for any reason, or (ii) the closing or termination of your Account or subscription.
Spot.Love may offer, manage, regulate, control, change, or eliminate Virtual Items at any time at its sole discretion, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Spot.Love shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT SPOT.LOVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You can delete your Account at any time by clicking this link and deleting the App. You acknowledge that canceling your Account alone does not delete your information from the App servers. Nevertheless, you acknowledge that you are solely responsible for saving or otherwise backing-up any data within the App, and (as detailed below) Spot.Love is not responsible for any loss of data. To re-activate your Account, you can re-download the App and sign-in using the phone number or email address on file.
MOBILE MESSAGING TERMS AND CONDITIONS
By agreeing to these Terms, using the Site, or reaching out to us, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries or marketing materials.
If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.
User Opt-In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting-into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that the Agreement applies to your participation in the Program. By affirmatively opting into the Program, you provide Spot.Love with your express written consent, via e-signature, to deliver or cause to be delivered advertising and marketing mobile messages through an automatic telephone dialing system or an artificial or prerecorded voice at the phone number associated with your opt-in. You also understand your express written consent is not a direct or indirect condition of making any purchase from Spot.Love. While you consent to receive messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”).
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Spot.Love in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Spot.Love of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Spot.Love, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and the Agreement shall survive any cancellation or termination of your agreement to participate in the Program. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt-into the Program can expect to receive messages concerning the marketing and sale of products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Spot.Love.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Spot.Love’s control.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the App, whether registered or unregistered, including but not limited to the “Spot.Love” name, and rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the App and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Spot.Love, protected by United States and foreign intellectual property laws. You acknowledge that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
In the event that anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defense, settlement and discharge of any such claim.
You also agree not to use any non-public technical, financial, or strategic information and other proprietary and confidential information relating to our business, operations and properties disclosed to you by Spot.Love (collectively, “Confidential Information”) for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
THIRD PARTY SITES AND SERVICES
The App may contain links to or allow you to share content directly with other third party services (“Third Party Services”). You acknowledge that we have no control over Third Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third Party Services and we have no association with their operators. Your use of Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with Third Party Terms.
NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
You agree to indemnify and hold the Indemnified Parties harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the App; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the defense and exclusive control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
WE PROVIDE THE APP AND THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE APP OR THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the App or the Site is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the App or the Site, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the App or the Site and all information and content included on the App or the Site.
WE MAKE NO GUARANTEES AS TO (I) THE NUMBER OF ACTIVE USERS AT ANY TIME; (II) ANY NUMBER OF REFERRALS (III) USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR (IV) THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE APP OR OUR SERVICES.
No information or advice obtained through the App or the Site, or any affirmation by us, by words or actions, shall constitute a warranty.
We only supply the App and the Site for domestic, personal and private use. You agree not to use the App or the Site for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty, you may notify Apple if you purchased the App from Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE APP OR THE SITE OR YOUR INABILITY TO ACCESS OR USE THE APP OR THE SITE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE APP OR THE SITE OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SPOT.LOVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE TAKE NO RESPONSIBILITY FOR ANY USER CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE APP NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE APP.
Your sole remedy for dissatisfaction with the App or the Site including, without limitation, content on the App or the Site, is to stop using the App or the Site. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the App or the Site or any links on the App or the Site, as well as by reason of any information or advice received through or advertised in connection with the App or the Site or any links on the App or the Site. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the App.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the App and the Site or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of: (i) One Hundred Dollars ($100), or (ii) the subscription price paid by you for services provided through the App within the past 30 days. You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the App or the Site must be brought to us (and not the App Store Provider) and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPOT.LOVE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SPOT.LOVE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, deactivate your Account, and/or your permission to use the App immediately, without prior notice, refund, or liability, if (a) you commit any breach of these Terms, (b) we discontinue the App, or (c) we are prevented from providing the App for any reason.
Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (v) all rights granted to you under these Terms will cease immediately, (w) you must immediately cease all activities authorized by these Terms (including your use of the App), (x) you must immediately uninstall and remove the App from your device(s), (y) all outstanding fees will become immediately due, and (z) you acknowledge that we may restrict your access to the App and/or remove it from your device. Sections 5 (third paragraph), 10-12, and 15-21 will survive any termination or expiration of these Terms.
COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Spot.Love agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the App and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Spot.Love shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Arbitration Procedures. You and Spot.Love agree that, except as provided in Section 20.2(d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 20 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section (d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Spot.Love will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Spot.Love may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
Limitations. You and Spot.Love agree that any arbitration shall be limited to the Claim between Spot.Love and you individually. YOU AND SPOT.LOVE AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. You and Spot.Love agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Excluded Dispute, (ii) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Severability. You and Spot.Love agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section (d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section (d) is found to be illegal or unenforceable then neither you nor Spot.Love will elect to arbitrate any Claim falling within that portion of Section (d) found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, California, and you and Spot.Love agree to submit to the personal jurisdiction of that court.
OTHER IMPORTANT TERMS
To the extent permitted under applicable law, we may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign your rights or delate your obligations hereunder to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. To the extent permitted under applicable law, we may assign our rights and delegate our obligations hereunder to any party without notice thereof to you.
These Terms were last updated on [TBC].
Spot Love, LLC
4470 W. Sunset Blvd., #91488
Los Angeles, CA 90027
Contact email address: firstname.lastname@example.org
[a]Before users can access the services, please require them to (1) first click on these Terms scroll through them, and then (2) check a box, confirming receipt, knowledge, understanding, and acceptance of these terms
[b]See above comment
[c]To be hyperlinked
[d]We understand the site is just for presence/advertising on the web, but not actual matching services and no user login in, correct?
[e]Spot Love will need to register its DMCA agent with the U.S. Copyright Office. We can assist with this registration.
[f]@email@example.com not sure what this entails.
[g]This section protects you in case someone posts some material on your app that violates the copyrights of a third party. The offended party can contact you here, and if you are properly registered as a DMCA agent, you will not be liable. We can do this for you if you like, but it is a simple process online that many clients choose to do themselves, please let us know.
[h]California law requires affirmative consent to the agreement for subscription payments before the initial order. We recommend placing a link to this section 8 next to an “accept” check-the-box, that customers need to click before purchasing a subscription. If there is a a free gift or trial first, a clear explanation of the price that will be charged after the trial ends and this section 8 should be included next to an “accept” box, before customers can sign up.
[i]The app is initially free. We will introduce premium services later but the free tier should stay free in the long term.
[j]This section 8 then can be located near an “accept” click box only when some makes a paid subscription commitment.
[k]Must include an online method, which may include a termination email formatted and provided by Spot.Love that a consumer can send to Spot.Love without additional information. We also recommend including a phone number/email address.
[m]Do you need them to state their account # or any other kind of identifier besides email address?
[n]Once virtual items are implemented, we may need to update this section, in the event there are any nuances or rules (e.g., do VIs role over across subscription terms, will anything be offered for free etc)