******IMPORTANT-READ BEFORE USE*********
Welcome to Yenta, (hereinafter "Yenta", "We", "Our") mobile device software application (the " Software"), Web site, web widgets, and any other mobile or web services or applications owned, controlled, or offered by (collectively, the " Services"). Users who access, download, use, purchase and/or subscribe to the Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of service.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND the Service. You may receive a copy of this Agreement by emailing us at firstname.lastname@example.org
Subject: Terms of Service Agreement.
1. AGE RESTRICTION.
Services are available for individuals aged 18 years or older.
1.1 AGE RESTRICTED ACCESS. No persons under the age of eighteen (18) years (twenty-one (21) years in places where eighteen (18) years is not the age of majority) may directly or indirectly view, possess or otherwise use services.
1.2 AFFIRMATION OF CURRENT ADULT STATUS. You hereby affirm and warrant that you are currently over the age of eighteen (18) years (twenty-one (21) years in places where eighteen (18) years is not the age of majority) and you are capable of lawfully entering into and performing all the obligations set forth in this agreement.
2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
Services are intended only as personal, location-based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other application in which the failure or inaccuracy of that application or services could lead directly to death, personal injury, or severe physical or property damage. Yenta is not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other products exist today that may be used specifically for these purposes.
3. MODIFICATION OF THIS AGREEMENT.
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement (including the Guidelines) at any time and prominently posting notice of the changes on Service. Please check this Agreement (including the Guidelines) periodically for changes. Your continued use of Services after our posting of any modifications or changes on Service constitutes your binding acceptance of such changes. For any material changes to this Agreement (including the Guidelines), you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) after they are initially posted on Services. These changes will be effective immediately for new Users of Service.
4. OWNERSHIP; PROPRIETARY RIGHTS.
Services are owned and operated by Findr Interactive, LLC. Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in Services are the property of or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on Services are proprietary to or its affiliates and/or third-party licensors. Except as expressly authorized by under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES.
5.1 's Guidelines located at www.meetyenta.com ("Guidelines") is hereby incorporated into this Agreement by reference. Please read the Guidelines carefully before providing any photo, text, or links to Services.
5.2 You understand and hereby acknowledge and agree that you will comply with the guidelines and you may not and warrant that you will not:
1. Use Services or any location information displayed within Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
2. Use Services if you are under the age of 18 years old;
3. Include offensive or pornographic materials or materials that are harmful to minors in your Services personal profile page;
4. Use Services for any commercial or non-private use, it being understood that Services are for personal, non-commercial use only;
5. Use Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
6. Make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Services accounts of other Users; 8. Misrepresent the source, identity or content of information transmitted via Services;
9. Remove, circumvent, disable, damage or otherwise interfere with security-related features of Services, features that prevent or restrict use or copying of any content accessible through Services, or features that enforce limitations on use of the Services;
10. Intentionally interfere with or damage operation of Services or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
11. Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
12. Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
13. Use the Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
14. Use Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage;
15. Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service; or
16. Use any robot, spider, scraper or other automated means to access Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services or modify Services in any manner or form, nor to use modified versions of Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
6. USAGE; REFUSAL OR SUSPENSION OF SERVICE
6.1 If you elect to register for an account with Yenta, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify Yenta of any unauthorized use, or suspected unauthorized use of your Yenta account or any other breach of security. Yenta cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6.2 Yenta reserves the right, but has no obligation, to have our systems monitor any user's use of the Service, including a user's registration or invite-a-friend attempts, as well as a user's use of or access to the location information and profiles of other users. Accordingly, Yenta also reserves the right to (a) disable any user's use of or access to the Services, including the location information or profiles of other users, or (b) terminate any user's account, for any reason and without any notice.
6.3 You alone are responsible for your involvement with other Users. You agree that Yenta will not be responsible for any loss or damage incurred as the result of any such interactions. Yenta reserves the right, but has no obligation, to monitor disagreements between you and other Users.
6.4 Yenta does not control the content of User accounts and profiles. Yenta has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to Yenta Services.
6.5 PLEASE NOTE: Yenta reserves the right to refuse access to any user, for any reason and without any notice.
7. USER SUBMISSIONS.
7.1 Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
7.2 You understand that when using the Services you will be exposed to User Submissions from a variety of sources, and that Service is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
7.3 Yenta assumes no responsibility whatsoever in connection with or arising from User Submissions. Yenta assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Yenta chooses, in its sole discretion, to monitor User Submissions, nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Yenta does not endorse and has no control over the content of User Submissions submitted by other Users. Yenta makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Yenta reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
7.4 User Submissions are owned by the User who submitted them, subject to Yenta's license to such User Submissions under this Agreement. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
7.5 You hereby grant, and you represent and warrant that you have the right to grant, to Yenta an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in Yenta Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.
7.6 If you provide Yenta any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to all rights in the Feedback and agree that Yenta shall have the right to use such Feedback and related information in any manner it deems appropriate. Yenta will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Yenta any information or ideas that you consider to be confidential or proprietary.
8. END USER LICENSES.
8.1 Mobile Device. To use Yenta Software you must have a mobile device that is compatible with Yenta Services. Yenta does not warrant that Yenta Services will be compatible with your mobile device.
8.2 License Grant. Subject to the terms of this Agreement, hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Software for one Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use Yenta Services (other than the Software) for your personal, noncommercial use.
8.3 Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software.
8.4 Software Upgrades. You acknowledge that Yenta may from time to time issue upgraded versions of Yenta Software, and may automatically electronically upgrade the version of the Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Yenta will not be liable to you for any such modifications.
8.5 Open Source. With respect to any open source or third-party code that may be incorporated in the Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
8.6 Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Software or any copy thereof and or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Yenta reserves all rights not expressly granted under this Agreement.
8.7 Trademarks, Service Marks and Logos. The name of this product and web site is a service mark of Yenta. No use of this mark shall be permitted except through the prior written authorization and permission of Yenta. All rights reserved.
9. VIOLATIONS; TERMINATION.
You agree that, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account you have with the Services or your use of the Services or any portion thereof and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Yenta will not be liable to you or any third-party for any such termination. Yenta does not permit copyright infringing activities on Yenta Services, and reserves the right to terminate access to Yenta Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Yenta may have at law or in equity.
10. DISCLAIMERS; NO WARRANTIES.
10.1 Yenta Services [and any third-party software, services, or applications made available in conjunction with or through the services] are provided "as is", "as available", and without warranties of any kind either express or implied. Yenta and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
10.2 Yenta and its suppliers and partners do not warrant that the functions contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components.
10.3 Yenta and its suppliers and partners (including 's third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the other services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not Yenta or its suppliers or partners) assume the entire cost of any necessary services or equipment necessary to access the services. You understand and agree that you download or otherwise obtain material or data through the use of Yenta services at your own discretion and risk.
11. INDEMNIFICATION; HOLD HARMLESS.
You agree to indemnify, defend, and hold Yenta (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Services to meet another User in-person or to locate and attend any offline place or event. Yenta reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
12. LIMITATION OF LIABILITY AND DAMAGES
12.1 You acknowledge and agree that under no circumstances, including negligence, will Yenta (or its affiliates, contractors, employees, agents, or third-party partners or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages [related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use the services; (c) the services generally (including the software) or systems that make the services available; or (d) any other interactions with or any other user of the services], even if an authorized representative has been advised of the possibility of such.
12.2 DAMAGES. You agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed of its essential purpose.
12.3 In no event shall Yenta (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) total liability to you for all damages, losses, and causes of action [arising out of or relating to this agreement or your use of the services] (whether in contract, tort (including without limitation negligence), warranty, or otherwise) exceed the amounts paid by you for accessing the services during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater.