"We", "Our", "Us", (THE COMPANY) mobile device software application (THE SOFTWARE, WEBSITE, APPLICATION, APP, THE APP) and any other web services, mobile, applications owned, controlled, or offered by THE COMPANY (collectively, THE SOFTWARE). Users who download, access, use, purchase THE SOFTWARE do so under the following terms and conditions of service:
AgeTHE SOFTWARE may only be used by persons aged 16 or older (UK) (or the age of majority in the place you are using this application). If you are younger than 16 years of age then you must close this application now.
OverviewTHE SOFTWARE will allow others around you to view selected personal information about you. By accepting these terms and conditions you consent to this information being shared and stored within our servers.
I understand that:
- THE SOFTWARE allows others to see my relative distance and I can hide this by unticking the Show my distance to others box in my profile.
- THE SOFTWARE allows others to see any part of my profile I choose set and that I can hide my profile at any time by unticking the Show My Profile box in my profile.
- THE SOFTWARE will continue to monitor my location and use it to provide localised information to me
- THE SOFTWARE will maintain a connection to servers while signed in which will use WIFI/Mobile/GPRS/3G/4G Data
- I will not post any foul language in my profile or in messages to others
- I will not post any sexually explicit pictures or content in my profile or in messages to others
- I will not exchange or post any content that is harassing, abusive, threatening or unlawful in any way
- I will not advertise or solicit any commercial services
- I know how to conduct myself safely on and offline and understand that THE COMPANY and any other related persons, companies, organisations or other persons detailed below, relating to THE SOFTWARE are not responsible for my safety. I use this application entirely at my own risk
- This system is moderated. Any violation to these terms and conditions will result in the immediate banning of my account
Prohibited ConductYou represent and warrant that you will not violate any of the terms and conditions set forth in this Agreement and that:
- You will not, and will not permit others to:
- reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from THE SOFTWARE
- Use, copy, modify, alter, or transfer, electronically or otherwise, THE SOFTWARE or any of the accompanying documentation except as expressly permitted in this Agreement
- Redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to THE SOFTWARE whether in a stand-alone configuration or as incorporated with other software code written by any party except as expressly permitted in this Agreement.
- You will not use THE SOFTWARE to engage in or allow others to engage in any illegal activity.
- You will not engage in use of THE SOFTWARE that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.
- You will not use THE SOFTWARE to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
- You will not transfer THE SOFTWARE or utilize THE SOFTWARE in combination with third party software authored by you or others to create an integrated software program which you transfer to unrelated third parties
Disclaimer of LocationTHE SOFTWARE will track your location using the location services available. This information is shared only as a distance between you and other users. This information must not be used to help locate users in cases of emergency
Disclaimer of UseTHE COMPANY reserve the right to refuse, block or ban any user from the use of THE SOFTWARE at any time without warning.
Disclaimer of DataTHE SOFTWARE from time to time will delete older messages and data. Do not use the messages or data to store anything of importance as it will eventually be erased and cannot be restored. All of the information that you enter within THE SOFTWARE is visible within THE SOFTWARE. The information you share with others is controlled within THE SOFTWARE and you are in full control of this. Your information will not be shared with external third parties except in cases connected with police inquires. Your data will be used within THE SOFTWARE to show more relevant advertisements during the use of THE SOFTWARE. A summary of this information may be shared with advertisers, but this data will not contain any data that would personally identify a single user.
Disclaimer of WarrantyTHE SOFTWARE IS PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AND AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COMPANY'S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) YOU PAID FOR THIS LICENSE.
Legends and NoticesYou agree that you will not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in THE SOFTWARE or any accompanying documentation.
Ownership"Robert Smith" and "Martyn Parker" (THE SUPPLIER) created and developed THE SOFTWARE using technology from MOBUDS. THE SOFTWARE and any documentation are owned by THE SUPPLIER and ownership of THE SOFTWARE shall at all times remain with THE SUPPLIER. Copies are provided to you and THE COMPANY only to allow you to exercise your rights under this Agreement. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trade secrets, trademarks or other intellectual property rights relating to or in THE SOFTWARE or any accompanying documentation. All rights not expressly granted to you under this Agreement are reserved by THE SOFTWARE. Subject to the terms and conditions set out in this Agreement, THE SUPPLIER grant you a limited, nonexclusive, nonsublicensable, and revocable right to use THE SOFTWARE solely in accordance with the following:
Termination. THE COMPANY or THE SUPPLIER may terminate your license at any time, for any reason or no reason. THE COMPANY or THE SUPPLIER may also terminate your license if you you shall immediately destroy all copies of THE SOFTWARE in your possession, custody or control. Breach any of the terms and conditions set forth in this Agreement. Upon termination, you shall immediately destroy all copies of THE SOFTWARE in your possession, custody or control.
MiscellaneousThis Agreement constitutes the entire agreement between the parties concerning THE SOFTWARE, and may be amended only by a writing signed by both parties. This Agreement is subject to the exclusive jurisdiction of the English courts and shall be construed in accordance with English law. If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof,
in any one instance, shall not waive such term or condition or any subsequent breach thereof.