INTO Terms and Conditions of Service
INTRODUCTION; AGREEMENT TO THIS TERMS AND CONDITIONS OF SERVICE
RESOLVING DISPUTES WITH YOU: SECTION 16 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 21 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT. IF YOU ARE A EUROPEAN UNION RESIDENT, PLEASE REFER TO THE SPECIAL TERMS FOR INTERNATIONAL USERS.
THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GRINDR. BEFORE USING ANY INTO SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE INTO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF className-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE INTO SERVICES IMMEDIATELY.CLICK HERE TO VIEW THE ENTIRE DISPUTE RESOLUTION AGREEMENT.
We recommend that you save a copy of this Agreement for your records. You may receive a copy of this Agreement by emailing Us at: [email protected], Subject: Terms of Service Agreement.
1.1 YOU MUST BE A LEGAL ADULT.YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER.
3.1 Use Outside the United States of America. The INTO Services are controlled and offered by Grindr from the United States of America and, regardless of Your place of residence, Your use of them is governed by the law of the State of California, USA. Grindr makes no representations that the INTO Services are appropriate for use in other locations or are legal in all jurisdictions. Those who access or use the INTO Services from other locations do so at their own risk and are responsible for compliance with local law. You consent to the transfer and processing of Your data in the United States of America and any other jurisdiction throughout the world.
3.2 Special Terms. If You are a resident of certain countries, including those in the European Union, You may have additional rights or certain parts of this Agreement may not apply to You if required by the law of Your jurisdiction. Please refer to the Special Terms for International Users for further detail.
4. SERVICE MODIFICATIONS.
We reserve the right, at Our discretion, to modify, add, or discontinue the INTO Services or any portion thereof, at any time, for any reason, and without notice or liability to You. We reserve the right at any time to charge fees for access to all or portions of the INTO Services and change any such pricing at any time.
5.OUR OWNERSHIP; OUR PROPRIETARY RIGHTS.
The INTO Services are owned and operated by Grindr. The INTO Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the INTO Services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the INTO Services are the property of Grindr or its subsidiaries or affiliated companies and/or third-party licensors. All content, trademarks, service marks, and trade names displayed on the INTO Services are proprietary to Grindr or its affiliates and/or third-party licensors. Except as expressly authorized by Grindr under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
6.GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT & USES.
6.1 YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES:
(a)You will NOT use the INTO Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the INTO Services are for personal, non-commercial use only in the manner and for the purposes that We intend;
(b)You will NOT misrepresent the source, identity or content of information transmitted via the INTO Services;
(c)You will NOT use the INTO Services or any information displayed within the INTO Services to “stalk,” harass, abuse, defame, 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 information about other Users;
(d) You will NOT use the INTO Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
(e) You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the INTO Services, features that prevent or restrict use or copying of any content accessible through the INTO Services, or features that enforce limitations on use of the INTO Services;
(f)You will NOT intentionally interfere with or damage operation of the INTO Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
(g)In connection with your use of the INTO Services, You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(h)You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
(i)You will NOT attempt to gain unauthorized access to the INTO Services, or any part of it, other accounts, computer systems or networks connected to the INTO Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the INTO Services or any activities conducted on the INTO Service;
(j)You will NOT probe, scan, or test the vulnerability of the INTO Services or any system or network; use any robot, spider, scraper or other automated means to access the INTO Services for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the INTO Services; modify the INTO Services in any manner or form; use or develop any application that interacts with the INTO Services without Our written permission; or use modified versions of the INTO Services; and
(k)You will NOT interfere with anyone’s ability to use or enjoy the INTO Services, or aid or encourage any activity prohibited by this Agreement.
6.2Promotions. Grindr may, from time to time in its sole discretion, offer certain promotional codes for discounts on goods or the like. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Grindr at any time in Our sole discretion.
7.1You understand that when using the INTO Services, You may be exposed to content from a variety of sources, and that Grindr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable.
7.2If You provide Grindr with any feedback or suggestions or ideas regarding the INTO Services (“Feedback”), You hereby assign to Grindr all rights in the Feedback and agree that Grindr shall have the right to use such Feedback and related information in any manner it deems appropriate. Grindr will treat any Feedback You provide to Grindr as non-confidential and non-proprietary to You. Grindr will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to Grindr any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
8.THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
8.2Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the INTO Services are solely between You and such advertiser. You agree that Grindr will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the INTO Services.
8.3Parties other than Grindr may provide services or sell products via the INTO Services. We are not responsible for examining or evaluating, and We do not warrant the offeringsof, any of these businesses or the content of their product and service offerings. Grindr does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties' privacy statements and other terms and conditions of use.
Grindr and its licensees may publicly display advertisements and other information in connection with the INTO Services. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You.
10.END USER LICENSES.
10.1License Grant. Subject to Your compliance with the terms of this Agreement, Grindr hereby grants You a non-exclusive, non-transferable, revocable license to use the INTO Services for Your personal, noncommercial use.
10.2Restrictions. You may NOT: (i) modify, disassemble, decompile or reverse engineer the INTO Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the INTO Services to any third party or use the INTO Services to provide time sharing or similar services for any third party; (iii) make any copies of the INTO Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the INTO Services, features that prevent or restrict use or copying of any content accessible through the INTO Services, or features that enforce limitations on use of the INTO Services; or (v) delete the copyright and other proprietary rights notices on the INTO Services.
10.3 Rights Reserved. The foregoing license granted under this Agreement is not a sale of the INTO Services or any copy thereof and Grindr or its third-party partners or suppliers retain all right, title, and interest in the INTO Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Grindr reserves all rights not expressly granted under this Agreement.
10.4Trademarks, Service Marks and Logos. The names and logos associated with the INTO Services are the property of Grindr. No use of these marks is permitted except through the prior written authorization and permission of Grindr. All rights reserved.
10.5 Export Control. The INTO Services originate in the United States and may be subject to United States export laws and regulations. The INTO Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the INTO Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the INTO Services.
11. OUR DISCLAIMERS; NO WARRANTIES TO YOU.
11.1 THE INTO SERVICES AND ANY SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE INTO SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GRINDR, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
11.2GRINDR AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INTO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INTO SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3GRINDR AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE OTHER INTO SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GRINDR OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE INTO SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE INTO SERVICES AT YOUR OWN DISCRETION AND RISK.
11.4CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.YOUR INDEMNIFICATION OF US; YOU HOLD HARMLESS GRINDR.
You agree to indemnify, defend, and hold Grindr (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other INTO Services generally, (b) any violation of the rights of any other person or entity by You, or (c) any alleged breach or violation by You of this Agreement. Grindr reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the INTO Services.
13.LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.
13.1YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL GRINDR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 18, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE INTO SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE INTO SERVICES; (D) THE INTO SERVICES GENERALLY (INCLUDING THE GRINDR SOFTWARE) OR SYSTEMS THAT MAKE THE INTO SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE INTO SERVICES, EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.2IN NO EVENT SHALL GRINDR’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE INTO SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE INTO SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. THIS SECTION IS NOT INTENDED TO EXCLUDE LIABILITY THAT GRINDR MAY NOT EXCLUDEUNDER APPLICABLE LAW.
14.YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH GRINDR.
YOU ACKNOWLEDGE AND AGREE THAT GRINDR HAS OFFERED THE INTO SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GRINDR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR. GRINDR WOULD NOT BE ABLE TO PROVIDE THE INTO SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
15.YOU RELEASE US.
To the fullest extent permitted by applicable law, You hereby release and forever discharge Us (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Content provided by, other INTO Services Users or (2) any third-party site, products, services, and links included on or accessed through the INTO Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
16.RESOLVING OUR DISPUTES.
You and Grindr agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the INTO Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Grindr in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 21.
16.1 Informal Resolution. If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at [email protected], provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.
16.2Applicable Law. You and We agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the INTO Services.
16.3Our Arbitration. You and We agree that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and We agree that the arbitrator shall not conduct any form of className or collective arbitration nor join or consolidate claims by or for individuals. You and We agree that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You and We agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
16.4The Arbitrator's Award to You or Us. You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section of this Agreement as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Grindr User to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), FOR EXAMPLE YOUR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
16.5Exceptions To Our Agreement To Arbitrate Disputes.There are only two exceptions to this agreement to arbitrate:
(a)First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
(b)Second, any claim of $5,000 or less may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-className, non-representative) basis. You and We agree that in no eventmay any single small claims matter be consolidated with or heard contemporaneously with any other small claims matter and that any recovery in any such action will be limited to at most $5,000.
16.6 Who Bears the Costs of Arbitration. You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at Your written request, Grindr will reimburse You for the filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement, provided that You make your request no more than thirty (30) days following the earlier of such decision or settlement. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous or without merit, You agree that Grindr is relieved of its obligation to reimburse You for any fees associated with the arbitration.
16.7Future Amendments to the Agreement to Arbitrate.Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Grindr prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Grindr. If You do not agree to these amended terms, You may close Your account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.
16.8Judicial Forum for Legal Disputes. Unless You and We agree otherwise, in the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, because You have chosen to file an eligible lawsuit in small claims court, or because you are an international user to which this agreement to arbitrate does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Grindr must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and Grindr agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
16.9YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW GRINDR USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO ARBITRATION[email protected] ("OPT-OUT NOTICE") OR REGULAR MAIL TO: Grindr LLC, PO Box 69176, West Hollywood, CA 90069. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW GRINDR USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
16.10 Arbitration Opt-Out Procedure. In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: [email protected]. This procedure is the only way You can opt out of the agreement to arbitrate. If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 19 (You Acknowledge the Benefit of the Bargain with Grindr) and 14 through 18 (14 - Advertising; 15 - End User Licenses; 16 - Our Disclaimers; 17 - No Warranties to You, and 18 – Limitation of our Liability and of Your Damages)) will continue to apply to You. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.
16.11YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A className OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
16.12STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
17. NOTICE AND TAKEDOWN POLICY.
17.1 If You are a copyright owner or an agent thereof, and You believe that any content hosted on any INTO Services infringes Your copyrights, then You may submit a notification by providing Grindr’s Designated Copyright Agent with the following information in writing:
(a)A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable INTO Services are covered by a single notification, a representative list of such works on the applicable INTO Services;
(c)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Grindr to locate the material;
(d)Information reasonably sufficient to permit Grindr to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e)A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”);
(f)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 an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
17.2 Grindr’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
818 West Seventh Street, Suite 930
Los Angeles, California 90017
Telephone: (310) 776-6680
Email: [email protected]
For clarity, only notices under this Section should go to the Grindr Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18.1Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
18.2Modification and Termination of Site and Services. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
18.3Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
19.1Severability, Waiver of Agreement Provisions.You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
19.2Notices. Grindr may provide You with notices, including those regarding changes to this Agreement, by email or postings on the INTO Services. You hereby consent to the use of electronic communications.
19.3You May Not Assign, But Grindr May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Grindr may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.
19.4No Third-Party Beneficiaries.There are no third-party beneficiaries to this Agreement.
19.5Headings; Entire Agreement.The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
19.6Our Disclosures; Your Inquiries. The services hereunder are offered by Grindr LLC, PO Box 69176, West Hollywood, CA 90069. General Inquiries:[email protected].
Special Terms for International Users
1.EUROPEAN UNION AND UNITED KINGDOM. The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EU or UK resident to the extent required by applicable law:
(a)Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Grindr's (or its affiliated companies', contractors', subcontractors', directors', officers', employees', agents', third party suppliers' or partners') liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
(b)ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN SECTION 21 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF SECTION 21.8 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 21.8 CAREFULLY. The European Commission Online Dispute Resolution Platform is available at the following link ODR Platform.
(c)No Prejudice to Consumer Law.As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these terms and conditions, including, without limitation, Section 21, affects Your rights as a consumer to rely on such mandatory provisions of local law.
2.GERMANY.The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an German resident to the extent required by applicable law:
(a)Liability Limitations.The following applies in lieu of any conflicting or inconsistent language in the Terms:
(i)Wir sind ausschließlich wie folgt haftbar: Wir haften unbeschränkt gemäß den gesetzlichen Bestimmungen (i) für Schäden die aus der Verletzung von Leben, Körper oder Gesundheit entstehen; (ii) bei Vorsatz; (iii) bei grober Fahrlässigkeit; und (iv) gemäß dem Produkthaftungsgesetz. Ohne dass dies das Vorstehende einschränkt haften wir für leichte Fahrlässigkeit nur im Falle der Verletzung einer „wesentlichen“ Pflicht aus diesem Vertrag. „Wesentliche“ Pflichten in diesem Sinne sind Pflichten, die für die Erfüllung des Vertrags nötig sind, deren Verletzung die Erreichung des Vertragszwecks in Frage stellen würde, und auf deren Einhaltung Du daher regelmäßig vertrauen darfst. In diesen Fällen ist die Haftung beschränkt auf vertragstypische und vorhersehbare Schäden; in sonstigen Fällen besteht keine Haftung für leichte Fahrlässigkeit.
(ii)Soweit die Haftung von Grindr nach den vorstehenden Vorschriften ausgeschlossen oder beschränkt ist, gilt dies auch für die Haftung von Grindr für seine gesetzlichen Vertreter, Mitarbeiter und Erfüllungsgehilfen.
(ii)Diese Haftungsbegrenzungen bleibt über das Ende des Vertragsverhältnisses mit Dir und Grindr sowie über die Dauer Deiner Nutzung der INTO Services hinaus wirksam.
(b)Price Increases.Notwithstanding Section 6, we will only increase prices and modify the Service as permitted by German law.
(c)No Indemnity.Section 17 does not apply to you.
(d)Termination.Grindr may only terminate your account if you breach this Agreement or violate the law. Grindr will issue any refunds required by German law in the event of termination. We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
(e)Moral Rights. Your moral rights over Your User Content will not be assigned or waived.
3.CANADA.The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Canadian resident to the extent required by applicable law:
(a)Dispute Resolution.Sections 21.3-21.7 (Arbitration) and/or 21.11 (className Action Waiver) will not apply to you if any such provision is unenforceable under the laws of your Province of residence. Section 21.8 will continue to apply in all such cases.
4.AUSTRALIA.The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Australian resident to the extent required by applicable law:
(a)Transmission of Personal Information Overseas. In consenting to the transfer to and processing of Your data in the United States of America and any other jurisdiction throughout the world, You acknowledge that other jurisdictions (including the United States of America) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against Grindr as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
(b)Reverse Engineering.The restriction on the modification, disassembly, decompilation or reverse engineering of the INTO Services is subject to Your rights under Part III Div 4A ("Acts not constituting infringement ofcopyright in computer programs") of the Copyright Act 1968 (Cth).
(c)Consumer Guarantees. Grindr's liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to:
(i)in the case of goods supplied to You, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to You of the replacement or supply), or the repair of the goods (or the payment of the cost to You of the repair); and
(ii) in the case of services supplied to You, the supply of the services again or the payment of the cost to You of having the services supplied again.
5.ARGENTINA.The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an Argentine resident to the extent required by applicable law:
(a)Notice and Takedown Policy.If You are a resident of Argentina, the notice and takedown policy in section 22 will not apply to You. Instead, in case You believe that any content hosted on any INTO Service produces damage to You and could be considered as manifestly illegal, then You may submit a notification to Grindr indicating the content in question and providing documentation that proves Your identity as well as detailing the damage caused by the content. Grindr will analyze the claim and if the content is manifestly illegal (i.e. child pornography, data that facilities the commission of a crime, crime or racism references, etc.), then Grindr will proceed with its takedown. Any other content that causes damage but cannot be considered as manifestly illegal shall not be taken down by Grindr unless You provide a judicial notification ordering the takedown of the content in question. Notifications of any sort for these purposes shall be delivered to [email protected].
6.BRAZIL.The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Brazilian resident to the extent required by applicable law:
(a)Arbitration Will Not Apply to You.Any dispute procedure deriving from this Agreement will be resolved by a competent Court of the relevant User’s address.
(b)Notice to Remove Sensitive or Private Content.In case of any unauthorized disclosure of Your images, videos, pictures or any other material of Yours containing nudity or sexual private content, Grindr undertakes to take all necessary measures, to the extent applicable to Our technical services, in order to remove the referred content in a diligent manner and in the shortest timeframe possible, provided that You notify Us of the relevant infringement by identifying and specifying the infringing content. Also, in the event You are exposed to inaccurate, offensive, indecent or objectionable content of other Users, You may notify Us of such content, so that We may take the appropriate measures in order to remove it, to the extent applicable.
(c)Application of Brazilian Law. You and We agree that Brazilian Law will also apply to this Agreement, especially with respect to rights of privacy, protection of personal data, and secrecy of private communications and of logs. You and We agree to comply with all applicable Brazilian law.
(d)Retention of Records of Your Account.We will keep the application logs under confidentiality, in a controlled and safe environment, for six (6) months from Your subscription date, pursuant to applicable Brazilian Law. We reserve the right to disclose the application logs and/or any other records of your account, including private communications, in order to comply with court orders.
(e)Limitation of Liability.The provisions related to limitation of liability established under this Agreement may, as a general rule, not apply to You, as the obligation to indemnify is a rule of public order in Brazil. You and We are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it.
(f) Statute of Limitations for Your Claims. The provisions of this Agreement related to statute of limitations may not apply to you, if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, You will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
(g)Modifications to this Agreement.We reserve the right to modify, at Our sole discretion, any of the provisions contemplated in this Agreement at any time and for any reason whatsoever, regardless of Your previous approval. You will be notified of such modifications.
Effective Date: The earlier of July 1, 2018, or user acceptance.