TERMS AND CONDITIONS
By entering and/or registering on the Product you give your consent to and accept the following terms:
I. General terms
1.1. This Product retrieves your exact location and corresponding time stamp of that location from your mobile devices even when the mobile application is not running. This location data is then shown to other users that you gave permission to. You must be 13 or over to register as a member of or use this Product. Membership in the service is void where it is prohibited. While using and/or viewing this Product, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions that you are at least 13-years old and that you are not prohibited by law from using the Product.
1.2. This Product is intended to serve your entertainment purposes and has no intention to support immoral interests.
1.3. You hereby represent and warrant to the Company that: (a) you have the full power and authority to enter into and perform under these Terms and Conditions; (b) your use of this Product will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using the Product and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other members and/or viewers of the Product; (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by the Company will not infringe or violate the rights of any third party.
II. Fees and non – commercial use by members and/or viewers
2.1. The Product and related service usage and/or subscription fees and duration of services are provided to you in related pages within the Product and may be changed from time to time upon electronic notice to you. We reserve the right to terminate your access to the Product for any reason or no reason and may terminate your membership without notice. If we terminate your membership because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. We have the right to use credit card processors or banks outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
2.2. According to the fact that some of the services might be charged, the member or user of the Product consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the member or user cancels the service. It is solely the member's or user's responsibility to cancel the service and the payment.
2.3. The member or user has a right to cancel the service and require a refund following the conditions of the Refund and Cancellation Policy (Section IX of the Terms and Conditions).
2.4. We reserve the right to change the price for provided services at any time. The members or users, who have been already using our services prior to any changes of prices for provided services, will not be subjected to new prices, unless the case of rejoining the Product.
2.5. In case of any violation of legal acts, committed during the process of payments concerning services of the Product, the member or user will be immediately restricted from using the Product and all relevant useful data about member's or user's personal identification information will be shared with legal authorities in cooperation for investigation.
2.6. We may use third party companies to process the Product’s payments on the Company’s behalf. These companies are fully responsible for your personal data filled during payment process privacy under their Privacy Policy.
2.7. This Product is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors.
III. Termination
3.1. The Company reserves the right to terminate your access to the Product for any reason or no reason (such cause may include your breach of these Terms). The Company may terminate your membership without sending notice. If the Company terminates your membership on the Product because you have breached these Terms, in the sole discretion of the Company, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Product's programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in the sole discretion by the Company at any time with no liability to you whatsoever and that you did not join or remain a member of the Product or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons. Even after your membership is terminated, all provisions of these Terms will remain in effect.
3.2. The Company may, in its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Product.
IV. Responsibility of the members and/or viewers
4.1. The Company cannot and do not confirm purported identity of the members and/or viewers. Although the Company provides tools intended to assist you, you are responsible for determining the identity and suitability of others with whom you may match by means of this Product. The Company does not endorse any persons who use or register for the services which are provided by the Company. The Company does not investigate reputation of the members and/or viewers, conduct, morality, criminal background, or verify the information such of the members and/or viewers may submit to the Product. You shall communicate directly with potential hosts and guests through the tools available on the Product and take the same precautions you would normally take when meeting a stranger in person for the first time
4.2. You shall be solely responsible for your interactions with other members and/or viewers of this Product. The Company will not be responsible for any damage or harm resulting from your interactions with other members and/or viewers of this Product. The Company reserves the right, but has no obligation, to monitor interactions between you and other members and/or viewers of this Product and to take any other action in good faith to restrict access to or the availability of any material that the Company or another members and/or viewers of this Product may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
4.3. Whereas this Product is merely a venue, in the event that you have a dispute with other members and/or viewers of this Product, you release the Company and officers, directors, members, employees, agents and affiliates of the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.4. In-person meetings which are held by groups of interested members and/or viewers are not sponsored or organized by the Company. Members who organize meetings should make clear in their announcements, invitations and signage that their meetings have not been organized or approved, and are not run, by the Company. The Company cannot guarantee the quality, organization or safety of any in-person meeting (whether or not sponsored by us). Members attend meetings at their own risk.
V. Conduct of the members and/or viewers
5.1. In your use of this Product, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
5.1.1. violate any applicable law or regulation;
5.1.2. infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
5.1.3. use information obtained through the Product for any unauthorized purpose;
5.1.4. interfere with or damage the Product, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
5.1.5. use the Product to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
5.1.6. use the Product in connection with the distribution of spam (which shall be defined as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Product);
5.1.7. harass other members and/or viewers of the Product;
5.1.8. collect or store any information about other members and/or viewers for purposes other than of the permitted use of the Product;
5.1.9. register for more than one member account or register for a member account on behalf of an individual other than yourself;
5.1.10. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
5.1.11. attempt to defeat any security or verification measure relating to use of the Product;
5.1.12. assist any third party in doing any of the foregoing;
5.1.13. use the Product to transmit, distribute, post or submit any proposals of sexual or erotic content and/ or use the Product to transmit, distribute, post or submit any proposals of sexual or erotic services, works and other offers.
VI. Privacy
6.1. This Product retrieves your exact location and corresponding time stamp of that location from your mobile devices even when the mobile application is not running. This location data is then shown to other users that you gave permission to.
6.2. By submitting any content to the Product, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
6.3. You are solely responsible for any content that you submit, post or transmit via the Product. You may not post or submit any content that:
6.3.1. is defamatory;
6.3.2. may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
6.3.3. exploits images or the likeness of individuals under 18 years of age;
6.3.4. depicts use of illicit drugs;
6.3.5. makes use of offensive language or images;
6.3.6. characterizes violence as acceptable, glamorous or desirable;
6.3.7. provides a link to any commercial web or mobile products;
6.3.8. contains any of your personal contact information, except as specifically required or requested as part of your registration on this Product.
6.4. The Company has no obligation to post any content from you or anyone else. In addition, the Company may, in its sole and unfettered discretion, edit, remove or delete any content that you post or submit.
6.5. In using the Product, you may be exposed to content from other users or third parties, either at this Product or through links to third-party web or mobile products. The Company does not control, and shall have no responsibility for, third-party content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, third-party content, including without limitation, profiles of other members and/or viewers of this Product.
VII. LIMITATION ON LIABILITY
7.1. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE PRODUCT; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE PRODUCT; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY THE PRODUCT, WHETHER ON-LINE OR OFF-LINE; (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE PRODUCT OR THESE TERMS.
7.2. THE COMPANY SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.
7.3. IF YOU USE THE PRODUCT, YOU DO SO AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIM,S AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.4. THE COMPANY DOES NOT WARRANT THAT: (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (B) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE PRODUCT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
7.5. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
7.6. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM THE COMPANY OR THROUGH OR FROM THE PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
VIII. Proprietary rights
8.1. All material on the Product are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by the Company, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of the Product.
8.2. You may not systematically retrieve data or other content from the Product to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of trademarks of the Company as metatags on other web or mobile products, written materials or otherwise. You may not display any portion of the Product in a frame (or any content from the Product through in-line links) without prior written consent of the Company.
IX. Refund and cancellation policy
9.1. The Refund and Cancellation Policy is applied both for registered and unregistered users of the Product.
9.2. For iOS Users, if you choose to purchase Premium Membership, payment will be charged to your iTunes account, and your account will be charged for renewal within 24 hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your account settings in the iTunes Store after purchase.
9.3. For Android Users, if you choose to purchase Premium Membership, payment will be charged to your credit card, and your account will be charged for renewal within 24 hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your account within the mobile app.
9.4. Cancellations received after the stated deadline will not be eligible for a refund.
9.5. All refund requests must be made by the user itself or legal representative of the user.
9.6. Refunds are not made to the users of the Product which abuse and do not follow the Terms and Conditions of the Product (i.e. use the Product in connection with the distribution of spam), the Privacy Policy of the Product, any applicable law or regulation and/or commit administrative or criminal violations.
9.7. If the membership of the user was terminated under Section III of the Terms and Conditions, the user is not entitled to any refund of any unused or used subscription fees.
9.8. Refunds are not made to the users of the Product which were reported by other users of the Product and inspection of activities of such the user is initiated.
9.9. Refund is made in the same form as the original payment for the services was made.
X. Pricing and payment processing
10.1. Some of the payments are recurring. The subscription can be canceled at any time. It is solely the member's or user's responsibility to cancel the service and the payment. The non-recurring payments do not need to be cancelled. They cancel automatically after the purchased duration of use time has expired. However, refunds are made following the conditions of the Refund and Cancellation Policy (Section IX of the Terms and Conditions).
10.2. We reserve the right to change the price for provided services at any time. The members or users, who have been already using our services prior to any changes of prices for provided services, will not be subjected to new prices, unless the case of rejoining the Product. The members or users, who have been already using our services prior to any changes of prices for provided services, can be subjected to new prices if they were informed about changes of the prices in advance.
XI. Miscellaneous
11.1. These Terms shall be interpreted in accordance with the laws of the European Union. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter. Failure or delay pf the Company in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.