General Terms and Conditions of the DESIRES app
Valid version 12.10.2024
Introduction:
By accessing the DESIRES App and the connected websites (hereinafter referred to as “Websites”), you agree to these Terms and Conditions of Use. The General Terms and Conditions consist of 3 main parts:
I. Community Guidelines
II. DESIRES User Agreement
III. Legal terms of use
IV. Terms and conditions for messages
V. EULA – Licensed Application End User License Agreement (Apple AppStore)
By registering with DESIRES you agree to all terms and conditions. A violation can lead to immediate exclusion from our community.
I. COMMUNITY GUIDELINES
Our community thrives on honesty, friendliness and respect. We want to create a space in which users can express themselves freely as long as they do not insult or harass others. At DESIRES, everyone is valued equally. Please be considerate, think before you act, and abide by our Community Guidelines.
Prohibited behavior:
1. Profile picture
The profile picture must be a picture of yourself. You should be clearly recognizable, i.e. your face should be visible. If you are concerned about your privacy, book an invisible membership. These have been specially developed for this case and make you invisible. You see every member, but you are not seen. Only if you send a friend request to a person will you be visible to that person.
Profiles with pictures that do not meet our requirements will be deleted immediately. If your account has a coin balance, this will be deleted without replacement.
Again in detail, pictures of landscapes, flowers, cars are not tolerated profile pictures.
Furthermore, no telephone numbers, emails, user names or other graphics may be shown on the profile picture. Even if it is legal to consume soft drugs such as cannabis in your location, it is not permitted to show this on pictures.
2. Username
The username should be your name or a nickname. Letters and numbers are allowed, but they should make sense.
Usernames that represent phone numbers or email addresses will be deleted immediately. If your account has a coin balance, it will be deleted without replacement.
3. Nudity/sexual content
Pay attention to calm, stylish and appropriate public communication.
Public profiles should not show nudity, sexually suggestive content or lists of sexual desires.
Sexual content is restricted to the private area, which is accessible by invitation only.
4. Harassment
Do not insult or harass other users and do not encourage such behavior.
The unsolicited sending of sexual content is prohibited.
Reports of stalking, threats, bullying or intimidation will be taken seriously and may lead to profile suspension.
5. Violence and assaults
Violent, cruel or gory content will not be tolerated.
Actions or content that glorify or advocate violence, including terrorism, are prohibited.
Physical injury, coercion and any form of violence are strictly prohibited.
Content that advocates or glorifies suicide or self-harm is also prohibited. Report such content immediately.
6. Hate speech
Content that promotes racism, bigotry, hatred or violence based on race, ethnicity, religion, disability, gender, age, national origin, sexual orientation or sex is not permitted.
7. Private information
Do not post private information (yours or anyone else’s), including social security numbers, passports, passwords, financial information or secret contact information (phone numbers, email addresses, home/work addresses).
Forced prostitution and human trafficking
Promoting human trafficking or non-consensual sexual activity is strictly prohibited and will result in reporting and expulsion.
8. Fraud
Zero tolerance for fraudulent behavior. Attempting to obtain private information from users for fraudulent or illegal activities will result in a ban.
Identity fraud
Be yourself. Do not impersonate another person or misrepresent your affiliation with a person or organization.
9. Minors
Users must be at least 18 years old.
Profiles that depict minors, advocate harm to minors or portray minors in a sexual or suggestive manner should be reported immediately.
10. Copyright and trademark infringements
Do not post works that do not belong to you unless you have permission from the copyright or trademark owner.
11. Illegal activity
Illegal activities are prohibited. What is illegal in real life is also illegal on DESIRES.
Inactive user accounts
12. Inactivity
Accounts that have been inactive for 6 months may be deleted.
II. DESIRES USER AGREEMENTS
This agreement (the “Agreement”) is made by and between the operator of the app and website DESIRES (hereinafter referred to as the “Company”) and the natural or legal person who accepts this Agreement (hereinafter referred to as the “User” or “Member”) has the specified date on which acceptance of this Agreement takes place.
Considering that the Company offers or may offer, among other things, online services that allow Members to share adult User profiles, information and content, it should be noted that DESIRES may transmit and/or publish these to one or more of its own or non-owned or affiliated companies, by contract or otherwise. Apps, websites, portals, networks and other print and electronic outlets, including but not limited to DESIRES (the “Company”).
Provided that the Member strictly complies with the terms of this Agreement and DESIRES’ Terms and Conditions and Guideline, the Member may publish the images and content provided by the Member in apps and websites of the Company or use other services provided by the Company to the Member from time to time.
Subject to the mutual promises and understandings contained herein, and for good and valuable consideration, which is recognized as reasonable and sufficient, the parties, who are hereby legally bound, promise and agree as follows:
1. Acceptance and modification of this agreement
1.1. By becoming a user or member of DESIRES, you agree to all the terms of this agreement, the Terms and Conditions and Guidelines and all other terms published on the DESIRES website. The member cannot select the terms that apply to the member. If the member does not agree to all the terms of DESIRES, he/she must stop accessing and using the app and websites and all other services offered by the company. This agreement does not create any third party rights to enforce it.
1.2. No one is authorized to access the app or website or use the services if he/she has not accepted this agreement and all the terms published on the DESIRES website. This consent does not have to be made by a physical signature, as electronic consent to this agreement is permitted by law. The user expresses his/her consent to this contractual agreement by registering with his/her email address, mobile phone number, Google, Facebook or Apple ID. The Company or Affiliates may also use other forms of consent, such as entering the Member’s name in a signature field, checking a box, or clicking a button with the words “I agree,” “Continue,” or similar syntax. The User understands that this has the same legal effect as the Member’s physical signature on any other legal contract. Even if the Member does not take such action, the Member is bound by the terms of this Agreement when accessing any part of the Company’s Website or Services. When the Member clicks on any link, button, or other device made available to the Member in any part of the Company’s Website interface, the Member has legally accepted all of the terms and conditions contained herein. If the Member uses the Site or Services in any way, including uploading Content (as defined below) to the Site, the Member understands and agrees that the Company will consider such use as an acknowledgement by the Member that the Member fully and unconditionally accepts all of the Terms and Conditions contained herein.
1.3. The Company may revise this Agreement from time to time. The Company reserves the right to do so and the User agrees that the Company has that right. The Member agrees that any modifications or changes to this Agreement will be effective and enforceable immediately upon posting and will apply to all content and information submitted to and/or stored by the Company. Any updated or edited version will replace all prior versions immediately upon posting, and the prior version will cease to have any legal effect unless the revised version expressly references the prior version and keeps the prior version or portions thereof in effect. As a special exception to the foregoing, no update or change to this Agreement will affect the Member’s financial obligations to the Company, which will be governed solely by the version of this Agreement posted at the time the Member posts any Member Content. The Company agrees that if the Company changes anything in this Agreement, the Company will change the “last modified date” at the top of this Agreement so that it is immediately apparent that the Company has updated the Agreement. The User agrees to visit this App and the Websites regularly by using the “Refresh” button on his/her browser. The Member agrees to note the date of the last revision of this Agreement. If the “Last Modified Date” has remained unchanged since the Member last reviewed this Agreement, the Member may assume that nothing has changed in the Agreement since the Member last read it. If the “Last Modified Date” has changed, the Member may assume that something has changed in the Agreement and must read it again to determine how the changes have affected his/her rights and obligations. In the event that a court invalidates the acceptance of any amendment to this Agreement for any reason, the parties intend that the last previously accepted version of the Agreement will take effect.
Waiver – If the Member fails to review this Agreement periodically to determine if the terms have changed, he or she assumes responsibility for such failure and agrees that such failure constitutes an express waiver by the Member of his or her right to review the modified terms. The Company is not responsible for the neglect of the User’s legal rights.
2. Content, Payments, Refunds and Profiles
2.1. Posting Content. Subject to payment of all fees and approval of the Member Profile registration application by the Company, the User may submit profile content for publication by the Company. “Content” is defined as all content, materials, information, visual images, photos, videos, graphics, text materials, website and social media links, stage names, character, personality, biographical data, preferences and contact information of Members. Posting of Content is subject to strict compliance with the Company’s Posting Guidelines, Photo Review Guidelines and compliance with this Agreement, including but not limited to the following.
2.2. If Member is subject to United States law, Member warrants and agrees that all Content submitted and/or posted by Member will be prepared in compliance with all applicable provisions of United States law, including but not limited to Title 18, USC §§2256, 2257 & 2258a et seq. and 28 cf. Part 75 et seq., as amended (“section 2257”) and all other applicable federal, state, local, provincial and foreign laws or regulations.
2.3. User warrants and agrees that any Content submitted and/or posted by Member does not contain any Content that would trigger obligations under Section 2257. Should any such Content trigger Section 2257, Member is solely responsible for maintaining all records required by Section 2257 or any entity. Upon request by the Company, the Member must promptly provide to the Company the full legal name of their Trustee, the address at which all records are maintained under Section 2257, and a copy of all age records and other information required under Section 2257 with respect to their Place. If Content is required, they will provide it to the Company. If the Member resides in a country other than the United States (“Foreign Country”) or submits Content from a foreign country, the Member must, in addition to any other obligations arising under this Agreement, maintain all records required by the laws of that foreign country.
2.4. In exchange for the User’s agreement to all terms of this Agreement, the Member is granted permission to use the Company’s network, including the ability to create a profile on the App or Website, submit profile content, and enjoy benefits. The Member acknowledges the existence and sufficiency of consideration when accepting this Agreement.
2.5. Membership costs: To create a profile on DESIRES, the member must select one or more profile variants offered by the company. The rates associated with the different offers are clearly visible after selection at the time of purchase. These prices may be changed at any time at the discretion of the company. The costs associated with the mediation of profiles and other services are clearly described in the app and on the website.
2.6. The member is fully and solely responsible for the creation and publication of the content. After publication, the member can make corrections, changes or deletions at any time. The company does not grant refunds or credits and nothing should be expected from the member. This also applies and in particular if the member violates this agreement, the terms and conditions, the guidelines or other conditions of the company and for this reason the company has to delete the profile.
The member is fully responsible for ensuring that each payment is properly marked so that the company can assign this payment to the member’s account. The user must contact the company immediately if the member’s payment has not been applied correctly. If the company is unable to assign the payment within ninety (90) days of receipt of payment, this payment will be forfeited, become the property of the company and will not be refunded.
The Member acknowledges and agrees that the Member’s financial institution or provider may charge a fee when the Member pays his/her membership fees to the Company using that financial institution’s or provider’s credit/debit card or other payment method. The Member acknowledges that the Company may utilize domestic and/or international trade settlements and therefore additional international fees may apply. The Member is advised to inquire about these fees in advance as the Member is solely responsible for paying these fees and to take these fees into account when choosing a payment method and a specific credit/debit card as fees may vary.
2.7. The Member is solely responsible and liable not only for the Content submitted to the Company, but also for any Content accessible via a link that the Member includes as part of the Member Content, as well as for any technical failures, errors or other problems caused by the linking. The Member releases the Company (i.e., the Company, its owners, officers and directors, successors, assigns, attorneys, affiliates, agents and licensees) from any and all claims, debts or allegations related to any website that the User links to one or more of the Company’s or Affiliates’ apps or websites.
2.8. The Member is solely responsible for all Content submitted to the Company by the Member or on the Member’s behalf by third parties (e.g., photographers or other representatives of the Member), and all terms of this Agreement apply to such Content. The Member warrants and represents that it owns and retains all necessary rights or has been granted by the owner of the Content to display the Content submitted to the Company pursuant to this Agreement, including, but not limited to, all necessary model releases, copyright licenses, trademark licenses, assignments, publicity rights and the like. The Member expressly releases the Company from any and all claims, debts or allegations related to any Content that the Member submits and/or posts under this Agreement.
2.9. Before submitting Content for publication, the User must establish a profile with the Company, which may require certain registration, identification and payment information at the Company’s discretion. The Member warrants and represents that all information provided in connection with registration for a profile is truthful and accurate. The Member may only establish one (1) profile, and the transfer or sale thereof is prohibited. Registration for a profile may be denied, suspended or revoked by the Company at any time in its sole discretion if the Member fails to comply with or meet the Company’s policies, quality assurance assessment, anti-fraud policies or user authentication efforts. Members who have been denied, suspended or prohibited from creating an account may not attempt to register another profile using the same or different registration information. Such attempts to circumvent the Company’s policies will be considered fraudulent and unlawful.
2.10. Users may not create a profile where access to the app or website or its services would violate the laws of the member’s jurisdiction.
2.11. The member is responsible for all uses and/or activities carried out through the member account, whether authorized by the member or not. The user undertakes to immediately inform the company of any unauthorized access or use of the member account.
2.12. The company disclaims any liability arising from fraudulent access and/or fraudulent use of the app or website through the member’s profile.
2.13. The company provides a special profile called CELEBRITY. This profile is, as the name suggests, specifically and exclusively for people who enjoy a high level of public recognition. This includes people from show business, such as actors and singers, but also athletes and politicians. This type of profile is particularly protected. The profile works exactly like GHOST and PHANTOM and is therefore invisible. When the CELEBRITY sends a user a friend request, the CELEBRITY profile becomes visible. Unlike GHOST and PHANTOM, however, the CELEBRITY profile is only visible in the app and not in the web version. This is because the company wants to offer the celebrity the highest level of data protection. It is also imperative that the user verifies themselves after creating a profile in order to prevent misuse of this profile.
2.14. The member may be granted online access to their profile. The member acknowledges and agrees that this profile may only be used for the purposes set out in this agreement, including all uses necessary to fulfill the purpose of this agreement. The member will protect their login details and other login information in accordance with industry standards and will not share this information with third parties. The Member shall remain solely responsible and liable for the content of such profile, regardless of any assistance provided by the Company to the Member with respect to such profile (e.g., loading or transferring content to the profile) as permitted under this Agreement.
2.15. The Member will be provided with the opportunity to verify his/her profile. To be VERIFIED, we must have concluded that the Member/User appears to be the same person depicted in the pictures. DESIRES makes such a determination by comparing the photos submitted to DESIRES with a specially encrypted selfie of the Member/User.
Please note, however, that DESIRES makes no guarantees or warranties that the Member in the pictures of a particular Ad is the same person who appears on a date agreed between a User and you. In addition, we do not guarantee that all text, including the User/Member’s name or stats, appearing in an Ad is accurate or truthful. Finally, the term “VERIFIED” does not imply that DESIRES reviews or endorses any license or permission granted to the Member.
2.16. Privacy/Data Collection
The User acknowledges and agrees that the Company may use cookies, browser features, web beacons, features, tracking services and other technologies to collect data about the Member to improve the Member’s experience on the App and the Websites. The collection of this data is for the purpose of improving navigation on the Website, tracking preferences, compiling general internal and user-related web analytics reports, conducting investigations and detecting possible fraudulent activities. The data collected includes, but is not limited to, the User’s IP address, device, transaction data, browser information, geographic location, the unedited images/photos of the blurred images/photos the Member submits and other session data (collectively, “Passive Data”).
The User acknowledges and agrees that the Company may submit personal information, including account and member information, payment information such as credit or debit card details, identification information, personal identification documents such as government IDs and other verification documents, authentication or other photographs and/or other age verification documents and materials of the account holder or individuals depicted in the Content in order to conduct business. In addition, the Member acknowledges and agrees that the Company may record and store all interactions with the Member (e.g., phone, live chat, email, web, etc.). All of the above categories of information, data and materials are referred to herein as “Active Data.”
The User expressly and knowingly consents to the Company receiving and processing the Passive and Active Data (collectively, “Business Data”) regardless of when or under what agreement it was provided to the Company. The Company agrees that it will process the Business Data using commercially reasonable standards. In addition, Company has Member’s express permission (without additional consent) to use and retain the Business Data at its sole discretion and to disclose it, in whole or in part, to law enforcement authorities or in response to a subpoena or other administrative, regulatory or legal process or obligation, including to protect it, to make it available to third parties, Company, Members or the public, and/or to make it available to third parties and all predecessors, successors and assigns of Company, its assets or all or substantially all of its assets upon sale, merger or other corporate reorganization or in the event of bankruptcy, insolvency or receivership. If Company discloses, sells or transfers its obligations under this Agreement to a non-governmental entity, it may do so only if such entity agrees to apply commercially reasonable standards to protect such Business Information. The User acknowledges that if a purchaser or recipient of a subcontractor (governmental or non-governmental) fails to comply with its data protection obligations under this Agreement, the Company will have no responsibility or liability to the Member for the subcontractor’s performance.
The Member expressly consents to the Company searching, comparing and verifying the business records using all applicable resources such as government databases and third party tools and software. With respect to the Company’s credit, debit, gift or other payment card data, the Member grants express permission to use a PCI compliant third party service provider for the storage and processing of payment cards such as credit, debit and gift cards.
3. Grant of License Rights
3.1. The Member hereby grants the Company and its successors and assigns a worldwide, non-exclusive, perpetual and royalty-free license to use, display, reproduce, publish, publish, display, broadcast, transmit, communicate, perform, distribute and disseminate Member Content through the Company and/or to incorporate such Member Content into any form, media or technology now known or hereafter developed. The license the User grants to the Company permits the publication of profile content on other third party websites that helps the Company to make the Member Content known to more users, including any derivative works based on or compilation of such content for the purposes set forth in this Agreement, including any uses necessary to carry out the intent of this Agreement. The Member hereby grants the Company the right to edit and/or modify (e.g., delete) the Content at its sole discretion so that the Content complies with all applicable laws, rules and regulations (collectively, “Laws”) and Company policies and procedures and to prevent infringement of the intellectual property rights (e.g., copyright) of third parties. In particular, the Member agrees that the Company may place a “DESIRES” brand watermark on the images that the Member submits to the Company for display on the Company’s websites. The Member hereby acknowledges and agrees that the Company may permit Content viewers, app and website users, and others to post comments, ratings, reviews, and the like (collectively, “Viewer Comments”) about the Member on one or more and/or owned or affiliated websites. The Member expressly releases the Company from any and all liability arising from other users’ comments or the Company’s use of the Content, including but not limited to liability arising from any blurring, distortion, alteration, watermarking or optical illusion.
3.2. Notwithstanding anything to the contrary, the Company has no obligation to enforce the copyright or other intellectual property rights of the Members in connection with any Content submitted and/or posted. The Member acknowledges that intellectual property theft is common on the Internet and that Content may be stolen, copied or otherwise infringed by third parties beyond the control of the Company. Should such infringement occur, the Member has the sole obligation to enforce its intellectual property rights if it so chooses. The Company reserves the right to assert its own copyright, license and other intellectual property rights in the Company and related works. The User will at all times reasonably cooperate with the Company and its attorneys regarding any alleged infringement or claim of infringement, including, but not limited to, providing witness statements and providing records, papers, information and the like as reasonably requested by the Company.
3.3. Privacy/Security Warning: Please note that while the Company makes all reasonable efforts to protect personal information or private data that Members provide to the Company, no website or server is immune from hacking or other breaches of security protocols that may wrongfully result in the publication of such information and data. Such actions may result in humiliation, psychological/emotional distress, identity theft and other significant harm. The Member therefore acknowledges and agrees that the Company shall not be liable for the publication of private information, personal data or Member Content and the Member hereby releases the Company from any liability and claims related thereto. The User further acknowledges and agrees that the App and the Websites is an adult-oriented social media accessible to users around the world. The Member therefore understands that any material submitted to the App and the Websites may be viewed by current and/or former friends, family members, colleagues, employees, employers and acquaintances.
3.4. Das Unternehmen ist nicht verpflichtet, dem Mitglied eine finanzielle Entschädigung für die Lizenzrechte zu zahlen, die das Mitglied dem Unternehmen im Rahmen dieser Vereinbarung eingeräumt hat, und das Mitglied erklärt sich damit einverstanden, dass die Übertragung und/oder Veröffentlichung der Inhalte auf einem oder mehreren Unternehmensportalen eine angemessene und ausreichende Gegenleistung für die Einräumung dieser Rechte darstellt.
3.5. The term of the license rights granted by the Member to the Company under this Agreement is perpetual, except that the license rights may be terminated by the Member by terminating the Agreement in accordance with Section 8.10. The Member acknowledges that merely ceasing to pay for the Membership or not renewing the Profile with the Company does not constitute a termination of the Member’s license rights or this Agreement. Upon the Member’s effective termination of the license rights, the Company will remove all Profile Content. The Company is not obligated to return to the Member any Content that the Member has submitted to the Company. Notwithstanding anything to the contrary, Member acknowledges that all Content may be retained by Company or its predecessors, agents, directors, shareholders, affiliates, successors and assigns indefinitely for archival, contractual and/or legal purposes, including but not limited to the publication of an archived portion of the Listings or a Members’ profile portion on its website, a sale of Company or all or substantially all of its assets, and/or a bankruptcy, receivership or insolvency of Company.
3.6. All license rights granted to Company under this Agreement are free of charge, fully assignable, transferable and sublicensable at Company’s sole discretion.
3.7. Member may appoint a third party to act on Member’s behalf by entering into a Membership Transfer Agreement. The Member acknowledges that he/she bears full responsibility for the actions of any designated third party acting on the Member’s behalf with or without the Member’s consent. The User acknowledges that the signing of a delegation agreement does not release the Member from the terms of this Agreement and that the Member is jointly and severally liable for all acts of the delegate.
3.8. This Agreement does not constitute a license for the Member to use any of the Company’s trade names, service marks or other trademarks owned or licensed by the Company, including but not limited to “DESIRES” and any trademarked terms, corporate marks, service marks or trade names including names. Any use of the Company’s or the Company’s licensors’ trade names, service marks or other trademarks without the Company’s prior written consent is strictly prohibited. In particular, Member is not permitted to register a Uniform Resource Locator (URL) or World Wide Web address that contains any trademarks or URLs of any Company or any Company licensors or any terms that are confusingly similar to any of Company’s trademarks or URLs.
3.9. Notwithstanding anything to the contrary, Company hereby grants Member a worldwide, royalty-free license to use, reproduce and publicly display Member’s verified and designed collective mark in a manner subject to Company’s ongoing approval. The license granted in this section shall continue until the first of the following events occurs: Member fails to meet the qualifications Company has established as a prerequisite to use of the mark, or Company terminates this license, in its sole discretion and upon notice to Member. Company reserves the right to require a royalty fee or other consideration for the maintenance of the rights granted herein.
4. Member Representations, Warranties, Covenants and Releases
4.1. Member owns or has the legal authority to transfer or grant to Company all licenses, intellectual property rights, other legal or equitable rights necessary or required to enable publication of the Content in one or more of Company’s outlets, including without limitation all copyrights, trademark rights, trade dress rights, trade name releases and model releases of all persons appearing in such Content sufficient to permit the lawful use of their names and likenesses, persona and/or character(s), including without limitation a waiver of all necessary publicity, commercial exploitation and privacy rights.
4.2. The Member has not entered into any other agreements, promises, obligations or legal encumbrances that would prevent or affect the rights and licenses that the Member grants to the Company under this Agreement or that would prevent the Company from freely distributing the Content provided in this User Agreement.
4.3. The Content is original and has not been copied, in whole or in part, from other works, profiles, images or third party resources not owned or licensed by the Member. The images contained in the Content are not fakes or “stock” photos and any photograph of a person depicted in the Content is a true and accurate depiction of the person depicted.
4.4. All persons depicted in the Content submitted by the Member to the Company were of legal age at the time they were photographed in connection with the creation or production of the Content (18 years of age or older if the age of majority is in the country where they were photographed).
4.5. If a User uses the Member Account to post content that relates to third parties, all photos of individuals included in the content must be photos of adult users that the Member currently employs and/or represents. In the event that such individual ceases to be associated with the Agency, the Agency will notify the Company within one business day and make appropriate changes to the posted content to reflect such change of association. The Agency also represents that the individual signing this Agreement has personally reviewed age verification documents to confirm that the individual depicted in the content submitted to the Company is of legal age in the country in which the content was created.
4.6 That any Member submitting content that relates to or depicts a company or venue has the permission of that company or venue to post such content and that such content does not infringe the intellectual property rights of the company or venue depicted.
4.7. that the Business Data that the Member provides to the Company is valid, authentic and genuine; that the Member has all necessary rights to use and transmit the Business Data to the Company; that the information contained therein is truthful and accurate; and that all documents used to identify Members are documents issued by the authority of an appropriate and valid government body of the person whose name appears on the documents.
4.8. The Member owns and maintains valid, authentic and genuine documents of the person(s) depicted in the Content, which the Member has provided to the Company upon request, proving that such persons were adults and over eighteen (18) years of age (or older if the legal age in the country where the persons were photographed is over 18) at the time the Content in which they are depicted was created. The Member acknowledges that such documentation includes proof of the date of manufacture of the respective depiction.
4.9. The Member represents and confirms that no claims have been made against the Member with respect to the Content or otherwise and that the Member is not aware of any claims that the Content infringes the intellectual property rights or rights of any other work and/or any other person, film or company whatsoever.
4.10. The Member represents and confirms that all obligations related to the Content, including but not limited to all salaries, royalties, present and future license fees, service fees and the like, have been paid in full to date.
4.11. The Member represents and warrants that the Content:
– is not illegal or unlawful
– does not promote illegal activities or link to websites or social media that promote illegal activities
– does not promote or link to unlawful violence
– is not harassing, defamatory, hateful, abusive, libelous or obscene
– does not contain links to websites with unlawful, libelous, hateful, abusive, defamatory or obscene content
– does not contain depictions of actual or simulated sexual acts
– does not contain depictions of the genitals or pubic area
– has not at any time been the subject of any criminal prosecution, investigation or civil action by any party or governmental authority.
The Company reserves the right, but has no obligation, to delete, remove or refuse to post any Content that it deems to be illegal, obscene, offensive or that violates this Agreement or its policies and procedures. The User waives all claims related to such removal.
4.12. That nothing in the Content constitutes or suggests an offer for any unlawful conduct or action, a solicitation or meeting for any unlawful conduct, or a notice of any unlawful conduct or action of any kind, in each case all applicable laws. Such Content is strictly prohibited and the posting of the same will result in termination of the Member’s account with the Company.
4.13. If a Member is conducting a business that is described or mentioned in any content submitted by the Member to the Company or that is located on the Member’s website or on the Member’s own social networking page, such business must comply with all applicable laws and the Member must have obtained all necessary licenses, permits and approvals from all relevant bodies and authorities to conduct such business.
4.14. The Member has read, understood and accepts the then current policies, statements and other operational procedures of the Company as they appear on DESIRES and will fully comply with them.
4.15. The Member agrees to indemnify the Company against all actions, claims, judgments, penalties, losses, damages, costs, fees, including reasonable attorneys’ fees and other losses arising from the breach of any representation, warranty, promise or agreement or misrepresentation made by the Member under this Agreement or from any claim that any Content submitted or posted by the Member to the Company infringes any intellectual property right or other right of any third party through the Company’s use of such Content. The Member also agrees to reimburse the Company for all costs, including attorneys’ fees, incurred in responding to any subpoena, request for information, court order, law enforcement request or other legal process involving the User.
4.16. The User’s submission of any Content in violation of the requirements set forth in this Agreement may constitute a material breach of this Agreement, allowing the Company to terminate it with immediate effect.
5. Limitation of Liability for Posted Content
5.1. User agrees that Company is not responsible or liable in any manner or to any extent for any loss or corruption of any Content submitted by Member to Company. All Content is subject to record keeping and other related Company policies. User expressly acknowledges that User is only providing copies of Content to Company and that Company has no obligation to maintain backup copies of Content submitted by User or to return any Content to User.
5.2. Member agrees that Company is not responsible or liable for the acts or omissions of any Users who contact Member through Company or otherwise or visit Member’s websites (“Traffic”). Such Traffic is provided without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or quality. The Member is responsible for ensuring that traffic complies with the Member’s Terms and Conditions, and if the traffic violates the Terms and Conditions, the Member agrees not to hold the Company liable or responsible.
5.3. The Member agrees that the Company cannot be held responsible or liable for the actions of anyone responding to a profile or Member Content posted on the Company. The Member expressly releases the Company from any claims arising from personal injury, emotional distress, property damage, loss of life, loss of liberty, injury, illness, pregnancy, or any other damages/losses suffered by the Member as a result of interactions with third parties arising from Content posted on the Company.
6. Disclaimer of Warranties/Assumption of Risk, Limitation of Liability
6.1. Disclaimer of Warranties/Assumption of Risk. The User expressly agrees that the Member’s use of the Services provided by the Company is at the Member’s sole and exclusive risk. The Services are provided “as is, with all faults” and “as available”. The Company expressly disclaims all warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, quality, title and non-infringement of third party rights, to the extent provided by law. The Company makes no warranty that the Services will meet the Member’s requirements or that the Services will be uninterrupted, timely, secure or error-free. The Company also makes no warranty as to the results that may be obtained from the use of the Services, viewers or users of its websites, traffic, or the accuracy or reliability of any information obtained through the Services, or that defects in the software, hardware or Services will be corrected. The Member acknowledges and agrees that the use of any materials and/or data downloaded or otherwise obtained through the use of the Services is at his or her own discretion and risk and that the Member will be solely responsible for any damage to his or her computer system or loss of data that results from the download of such materials and/or data. In addition, the Member agrees that any informational articles, promotional tips or expressions of opinion (hereinafter referred to as “Articles”) found anywhere on the Company do not constitute professional or legal advice and solely reflect the opinions of the authors of the Articles. The Member agrees that its decision to rely on any Article is solely its own and that it waives any liability that may arise from the Member’s decision to follow the advice contained in the Articles.
6.2. Limitation of Liability. The Member acknowledges and agrees that, to the fullest extent permitted by law, in no event shall the Group of Companies be liable to the Member or any person or entity asserting rights under the Agency’s rights for any damages of any kind (including, but not limited to, damages for lost profits, business interruption, loss of business information and other special, exemplary, punitive, indirect, incidental, consequential or other pecuniary damages) relating to, based on or arising out of this Agreement, the Company’s reliance on the Services, the articles published through the Company or the Company’s use of any software, hardware or telecommunications facilities in providing services to the Members, even if the Company has been advised of the possibility of such damages, had other reason to know of them or actually knew of them. Member acknowledges that the preceding sentence reflects an informed, voluntary allocation of risks (known and unknown) between the parties that may exist in connection with this Agreement, that such voluntary allocation of risks was an integral part of the agreement between the parties, and that the terms of this Agreement, whether commercial or otherwise, were negotiated and agreed to by the parties in reliance on such voluntary allocation of risks. In any event, the Company’s aggregate liability under the terms of this Agreement shall not exceed ten dollars ($10.00). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply.
7. The Company’s Role as an Online Service Provider
7.1. The User agrees that the Member is the creator and producer of his/her Content and is solely responsible for all Content posted on one or more of the Company’s Sites and assumes all obligations associated with the Content as described elsewhere in this Agreement.
7.2. The parties acknowledge and agree that the Company acts as a communications intermediary for its third party Members and/or Users. The Company does not produce, design or provide any Content to its Members. Therefore, the parties acknowledge and agree that the Company is to be considered an Online Service Provider (“OSP”) and an interactive computer service. Nothing contained herein shall be construed as a waiver of any rights in this regard. Member shall comply with applicable reporting procedures and agrees that Company will give full effect to applicable safe harbor provisions, immunities, limitations of liability, good Samaritan protections and other provisions with respect to providers and users of interactive computer services set forth in applicable laws, as well as any similar notices and other provisions that limit or otherwise isolate the liability of OSPs and providers or users of interactive computer services under the laws of the jurisdiction in which Members or Members’ agents bring a claim against Company or any entity transferring or sublicensing the rights granted to Company herein.
7.3. Member acknowledges its responsibility to protect minors in its care from accessing harmful or inappropriate content. Member agrees not to allow minors to view such content and agrees to take responsible steps to prevent them from doing so. There are numerous commercial online safety filters that can help users limit minors’ access to harmful or inappropriate material. The Member is hereby informed that he or she may research such services on the following websites:
https://www.fosi.org/good-digital-parenting/
http://www.rtalabel.org/
http://www.parentalguidance.org
Among others. Please note that the Company makes no representations or warranties regarding any products or services referenced on such websites and the Company recommends that the Member conduct appropriate due diligence before purchasing or installing any online filter. The Member agrees to take special measures to prevent minors from viewing any of the Company’s content when a minor has access to the Member’s computer or mobile device. Finally, the Member agrees that if the Member is a parent or guardian of a minor child, it is the Member’s responsibility, and not the Company’s, to ensure that no age-restricted content of the Company can be viewed or accessed by the Member’s children or wards.
7.4. The User acknowledges and understands that the Company acts as a provider of an interactive computer service. Therefore, the Company is immune from and cannot be held responsible for any claims arising from the publication or transmission of any content of the Members and third parties. The Company does not create such content and is not responsible for the publication of any statements or communications of third parties that may be punishable under applicable law, including but not limited to the publication of material that may be punishable as defamation or an invasion of privacy or publicity rights. Note that the law allows the Company to remove or block content that it deems offensive, defamatory, obscene, or that otherwise violates Company policies without affecting the Company’s status as a provider of an interactive computer service.
8. Posting Standards
8.1. The Company never posts or accepts profile content from anyone under the age of 18.
The Company never posts images or videos of Members taken before their 18th birthday.
The Company will never allow a Member to imply or imply that they are under 18 (even if the Company has proof that the Member is actually at least 18 years old).
Members may not market themselves using adjectives that could be used to describe a person under 18.
8.2. The Company is not the creator or owner of this third party content and does not suggest or provide content to any third party. The Company does not assert the intellectual property rights of Members as Members retain full rights and ownership of the content they provide, except for a limited license granted to the Company by the Member Agreement to host their content.
The Company is only a publisher and not a provider of content. Submitted materials that meet our publishing standards and quality assurance requirements will be published without any action from Company employees.
The Company will not publish text that is considered sexually suggestive or explicit, or that encourages or could be misconstrued as such, to engage in unlawful behavior.
The Company complies with U.S. law; YourLocation does not determine which laws apply to YourProfile.
The Company will not publish discriminatory, offensive, or otherwise inappropriate text.
The Company will not publish text that infringes the copyright, trademark, or intellectual property rights of another company, product, person, or service.
Members may not post references or links, hyperlinks, or URLs to third-party websites.
Members may not post threats to other users or viewers.
The Company encourages members to submit their text exactly as they want it to appear in their profile.
The Company reserves the right to terminate a member’s account if it violates U.S. law.
8.3. The Company will not post any images that could be falsely misconstrued as soliciting or engaging in unlawful conduct.
Images that contain watermarks with links, hyperlinks or URLs cannot be posted.
The Company will not post any images that indicate, suggest or could be falsely interpreted as indicating that the member is under 18 years of age.
The Company will not post any image of a member taken before the member is at least 18 years of age.
The Company will not post any images that are discriminatory, offensive or otherwise inappropriate.
The Company will not post any images that would fall under Title 18 United States Code, Section 2257.
The Company asks its members to submit their images exactly as they wish to see them in their ad.
8.4. The Company will not post any videos that are considered sexually suggestive or explicit or that solicit or could be misconstrued as engaging in unlawful conduct.
The Company will not post videos that are longer than 3 minutes.
The Company will not post videos that are discriminatory, offensive, or otherwise inappropriate.
The Company will not post videos that fall under Title 18 United States Code Section 2257.
The Company’s policy for posting videos is consistent with the Company’s policy for posting photos.
9. Documents
9.1. The Company may require the User to upload a color image or video of a government-issued ID document. The Company only accepts certain types of ID. Acceptable ID documents vary from country to country, but may include:
– Driver’s licenses
– National identity cards
– Passports
– Permanent residence cards
The documents must be valid and contain a picture of the User. The person depicted in the profile must match the person on the ID document.
9.2. If the Company cannot recognize the Member’s face in an image (e.g., a blurred face, an image cropped at the shoulders to remove the head, and images of Members in positions that obscure facial features), Company employees must conduct an enhanced review of the overall content and context of the profile.
If for any reason there is any doubt that the user is over 18 years old (appearance of the member’s physical features, text indicating or implying that the member may be young, etc.), the member must provide a clear statement, an uncropped or otherwise uncovered facial image.
This uncovered image will be used in addition to the other stored profile images to determine if the images submitted in the ad and the ID that the company has stored match.
9.3. Members have the option to get verified, which is just a label.
We only guarantee that the documents stored by the company match the authentication photo uploaded by the user.
10. Miscellaneous Provisions
10.1. All content and other information provided by the User to the Company will not be considered non-confidential by the parties for any purpose. Notwithstanding anything to the contrary in this Agreement, the Company may, in its sole discretion, comply with reasonable formal or informal requests for Member information. The Company shall have no obligation to resist or refuse such a request or to notify a Member of such a request prior to providing such information.
10.2. Each party acknowledges and represents that it has read and understood this Agreement in its entirety and has had the opportunity to consult with legal counsel of its choosing prior to acceptance. This Agreement contains the entire agreement between the Member and the Company with respect to the subject matter hereof. This Agreement supersedes all prior agreements, letters and representations, written or oral, and may not be modified without notice by the Company. This Agreement binds and inures to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. While this Agreement may be transferred or assigned by the Company, it may not be assigned by the Member.
10.3. The Member agrees that in the event that one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not apply to any other provisions of this Agreement and this Agreement shall be construed as if the invalid, illegal or unenforceable provisions had never been included.
10.4. The User agrees that this Agreement shall be deemed to have been written by both the Member and the Company for construction purposes. Any ambiguity and/or inconsistency shall not be construed in favor or against either party.
10.5. The Member agrees that in any dispute arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including attorneys’ fees on appeal.
10.6. The parties agree that this Agreement will be governed by and construed in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. In the event of any dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct or informal negotiations, the sole method of resolving such dispute shall be final settlement under the Rules of Arbitration of an Irish Chamber of Commerce by one arbitrator with knowledge of internet and e-commerce disputes appointed in accordance with such Rules. The proceedings shall take place in Ireland and shall be conducted in the English language, except for claims seeking injunctive relief which must be filed in a court of competent jurisdiction.
The arbitrator shall have no authority to award punitive or other damages, to permit a class action, to add parties, to modify or ignore the terms of this Agreement, and shall be bound by applicable law. The arbitrator shall be a member of a reputable bar and shall be able to take an oath of neutrality. The arbitrator shall issue a written opinion setting forth all of the essential facts and the basis for his or her decision within thirty (30) days after the conclusion of the arbitration. The arbitrator’s decision or award shall be final and binding on the parties. Any award may be entered as a judgment or order in any court of competent jurisdiction.
The parties hereby waive any rights they may have in legal proceedings relating to an arbitration claim.
10.7. The waiver by either party of any breach of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same or any other provision of this Agreement.
10.8. Except for the Member’s obligation to pay the Fees when due, neither party shall be liable for any delay or failure under this Agreement resulting from any cause or circumstance beyond the control of the respective party and which the party cannot overcome with commercially reasonable diligence, including, but not limited to, acts of God; war, riot, embargo, acts of civil or military force or terrorism, fire, flood, earthquake, hurricane, tropical storm or other natural disaster; fiber optic failures; strikes or shortages of transportation, facilities, fuel, power, labor or materials, failure of telecommunications or information services infrastructure, hacking, data security breach, spam, network congestion or failure of computers, servers or software. If a Force Majeure Event occurs, the affected party shall promptly notify the other party in writing and shall use commercially reasonable efforts to minimize the effects of the event.
10.9. The relationship between the Company and the User under this Agreement is that of an independent contractor and shall not act or hold itself out as a partner, franchisor, franchisee, broker, employee, servant, agent or representative of the other party. Neither party is granted the right or authority to assume or create any obligation or responsibility in the name or on behalf of any other party or to bind any other party in any manner or matter beyond the obligations created by this Agreement.
10.10. Either party shall have the right to terminate this Agreement for cause, effective immediately, by giving written notice to the other party if it breaches this Agreement. Either party may terminate this Agreement for any reason upon ten (10) days’ notice to the other party. However, termination by a Member will result in all Content provided by the Member being removed from the Company’s public pages, subject to retention for archival, contractual or legal purposes as set forth in Section 3.5. Upon termination, Content provided by the Member will not be returned. In the event of termination by the Member or termination by the Company for cause, no payments will be refunded. Unless otherwise specified, the relationship between the parties will terminate upon termination.
10.11. All notices (e.g., under Section 3.5 or Section 8.10) to the Company must be sent to the Company via the contact form in the App or on the Websites.
10.12. For the avoidance of doubt, to the extent that any indemnity or release is granted in favor of the Company, such release shall extend to the Company’s agents, affiliates, employees, officers, directors, shareholders, attorneys, vendors and contractors, predecessors, successors and assigns.
10.13. Sections 1, 2.1-2.4, 2.6-2.12, 2.14, 3.2-3.8 and Sections 4 through 10, all representations, warranties and indemnification obligations of Members, and all sections which by their nature would survive, shall survive any termination or expiration of the existing Agreement for any reason.
III. LEGAL TERMS OF USE
1. Parties to this Agreement and Consideration
1.1. This agreement (the “Agreement”) is between you (the “User”) and DESIRES APP INC. (the “Company”). Terms such as “we” and “us” refer interchangeably to the Company, the App and the Websites, while “you” and “your” refer to the User.
1.2. By accessing the materials in the App and Websites and for other good and valuable consideration, the sufficiency of which is recognized by you and the Company, you agree to all of the terms and conditions set forth in this Agreement.
1.3. Provided that you accept these Terms, the Company grants you a limited, personal, non-transferable right to access the contents of the DESIRES App and the affiliated websites operated by the Company.
1.4. This Agreement may be modified by the Company at any time, and such modifications will be effective upon notice to users by posting on the Sites or by hyperlinking to the Sites. Any attempt by you to change, delete, add or modify any of the Terms will be void and of no effect.
1.5. Any bookmarking of these Sites that bypasses the warning page, age verification page and/or terms of use page constitutes an implicit acceptance of all of the Terms contained herein and an express affirmation that you are of legal age and at least 18 years of age or the age of majority under the laws of your state, province or country.
1.6. This Agreement incorporates by reference all other legal notices found on the Sites, including the Privacy Policy, 2257 Release, DMCA/Photo Complaints.
2. User Verification
2.1. All materials on the Sites are intended solely for distribution to consenting adults in locations where such materials do not violate community standards or federal, state or local laws. Persons under the age of eighteen (18) (or the age of majority in their jurisdiction) are not permitted to view or possess the content of the App and Sites.
2.2. By accessing the Sites, you acknowledge that you are aware that the materials may contain explicit depictions of nudity and sexual activity, that you are comfortable with these materials, are not offended by them, and that you are intentionally accessing them for personal use.
2.3. You also represent that you are over the age of eighteen (twenty-one in jurisdictions where the age of majority is not eighteen) and are able to legally enter into this Agreement.
3. User Code of Conduct
3.1. The DESIRES App has a zero-tolerance policy toward human trafficking, prostitution, and other illegal acts. Violations of this policy will be reported to law enforcement authorities and the affected profiles will be closed.
3.2. You agree not to use the App or the Websites for any illegal activity, harassment or offensive behavior, including posting defamatory, racist, obscene or offensive content.
3.3. You agree not to violate the privacy, property rights or other civil rights of any person.
3.4. You agree not to violate, plagiarize or infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
4. Grant of Limited License with Conditional Rights
4.1. You acknowledge that all materials in the App and the Websites are copyrighted and constitute valuable intellectual property owned by the Company or others who have granted the Company a license to use them.
4.2. You represent and warrant that you will not access or attempt to access any materials that are not expressly authorized by the Company.
4.3. You agree not to access, view, download, receive or otherwise use any materials from any Prohibited Areas.
5. Prohibited Areas
5.1. Use of the App and the Websites is prohibited in any location where accessing such materials would violate any law, regulation or custom regarding sexually explicit content.
6. Compensation for Unauthorized Use of Copyrighted Materials
6.1. You agree to be personally liable and to fully indemnify the Company for any damages resulting from the unauthorized downloading or copying of materials from the Sites.
7. Limited License Grant
7.1. The Company grants you a limited, non-exclusive and non-transferable license to use the materials in the App and on the Sites solely for personal use in accordance with these Terms. Unauthorized uses include, but are not limited to, modifying, creating derivative works and renting or leasing the materials.
8. Company’s Ownership of Content
8.1. All materials on the Sites are protected by copyright and other intellectual property laws. The limited license granted to you does not grant any ownership rights in such materials.
9. Limitations of Company Liability
9.1. The Company is not responsible for the outcome of any contacts or meetings resulting from communications in the App or on the Sites.
9.2. All materials and services are provided “as is” and without any warranties.
9.3. The Company’s liability is limited to the amount of the Membership paid by the User in a billing period.
9.4. The Company is not liable for any damages arising from the use of the App or the Websites.
10. Disclaimer of liability regarding third party content/limitation of liability
10.1. The Company is not responsible for the content of third party websites or for communications made through the App or Websites.
11. Inappropriate use of the chat or use of copyrighted material in public areas
11.1. The company reserves the right to monitor and delete materials published in the app and on the websites that violate the provisions of this agreement and our guidelines.
11.2. If a profile is deleted due to violations of these provisions or our guidelines, the deletion will take place along with all images and any coin balances of the profile. Deleted coin balances cannot be refunded and the user is not entitled to compensation. We expressly advise you to read our guidelines and adhere to the provisions.
12. Communication in chat rooms or public areas is not private
12.1. Messages posted in chat rooms or public areas are not private and can be read by the operators of the app and the websites or their AI.
13. Trademarks and service marks
13.1. “DESIRES” and related trademarks are the property of the company. Unauthorized use is prohibited.
14. Personal Use of Materials
14.1. All materials in the App and on the Websites are intended for personal use by authorized users only.
15. Disclosure and Other Communications
15.1. The Company reserves the right to send you emails and share information about you and your use of the Websites.
16. Your Consent to Receive Email Messages from Us
16.1. By using the Websites, you agree to receive commercial, promotional or informational emails from the Company.
17. Users’ Responsibility for Information They Post
17.1. You are solely responsible for all information you post on the App and on the Websites and for any consequences resulting from such postings.
18. Communications to the Company or Users
18.1. Notices from the App and the Websites to users may be sent via electronic messages or general postings in the App or the Websites. Notices from users to the Company may be sent via electronic messages or conventional mail, unless otherwise specified in this Agreement.
Finally, we reiterated that our Guidelines are part of this Agreement and must be read by every user in order to comply with them.
IV. MESSAGE TERMS AND CONDITIONS
1. General
When you sign up for the Service, we will send you a message to confirm your registration.
By subscribing to Messages, you agree to receive recurring automated marketing and informational text messages from DESIRES. Automated messages may be sent via an automatic telephone dialing system to the mobile phone number you provided during registration or any other number you designate.
The frequency of messages varies, and additional messages may be sent periodically on mobile devices depending on your interaction with DESIRES. DESIRES reserves the right to change the frequency of messages sent at any time to increase or decrease the total number of messages sent. DESIRES also reserves the right to change the feature code or phone number to which messages are sent.
Message and data rates may apply. If you have any questions about your text or data plan, it is best to contact your wireless carrier. Your mobile operator is not responsible for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
2. Mobile Operators
Mobile operators are not responsible for delayed or undelivered messages.
3. Opt-out
You can unsubscribe at any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm the unsubscribe. No further messages will be sent. If you want to receive messages from DESIRES again, simply sign up as you did the first time and DESIRES will start sending messages to you again.
4. Info
You can text “HELP” at any time for unsubscribe instructions. If you need support with our services, email us at support[at]desires.app.
5. Number Transfer
You agree that before changing your mobile phone number or transferring your mobile phone number to another person, you must either reply “stop” to the original number or provide us with your old number at support[at]desires.email. The requirement to notify us as a result of the events mentioned above is a condition of receiving messages through this service.
6. Privacy
If you have any questions about your information or our privacy practices, please visit our https://desires.app/en/privacy-policy.
7. Changes to Notifications Terms of Use
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Notifications Terms of Use at any time. Such changes will be effective immediately upon posting. Your continued registration after such changes constitutes your consent to such changes.
V. EULA – Licensed Application End User License Agreement (Apple AppStore)
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Important!
Notwithstanding anything to the contrary in this Agreement or elsewhere, the Company always reserves the right, in its sole discretion, to request identification, request photographs for verification purposes, verify the age of Members appearing in photographs at the time the photographs were taken, reject content, change prices and/or the pricing model and/or change profile categories and policies related to such categories, and also to sell, transfer or assign any or all Member data and information, including, without limitation, Personal Information as that term has been broadly interpreted and defined, and/or to third parties and all predecessors, successors and assigns in the event of bankruptcy, receivership or insolvency or if the Company or all or substantially all of the Company’s assets are lost in a sale, merger or other reorganization of the Company in accordance with this Agreement – this authority and permission to do so shall survive any termination or expiration of this Agreement. To the extent that the User does not agree to any changes in prices or pricing model or service options, the Member may terminate this Agreement and refrain from future postings.
In such case, the parties hereby agree to the terms and conditions set forth above.
