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Upon the cancellation of Your account, this Agreement will immediately terminate, except as provided in Section 25.4 below. | clearly_fair | 1,374 |
If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. | clearly_fair | 1,375 |
You will continue to have the same access for any billing period or periods for which You have paid. | clearly_fair | 1,376 |
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Grindr Services may be referred to appropriate law enforcement authorities. | clearly_fair | 1,377 |
These remedies are in addition to any other remedies Grindr may have at law or in equity. | clearly_fair | 1,378 |
If You have paid for a Premium Service and Grindr terminates Your access to the Grindr Services or any user Account, Grindr will give a pro-rata refund for any amounts pre-paid, but unused for such Premium Services; provided that if Grindr terminates Your access to the Grindr Services or any User Account because You have violated Our Terms of Service, Grindr will be entitled to retain the amounts that You paid for the Grindr Services. | clearly_fair | 1,379 |
But where required by law (such as in the UK), Grindr will only retain an amount to cover all costs and other losses it incurs as a result of the violation or breach, which may still mean that no refund is payable. | clearly_fair | 1,380 |
You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system You use) may be the merchant of record for transactions involving the Grindr Services. | clearly_fair | 1,381 |
As such, you may need to request any refund to which You are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable). | clearly_fair | 1,382 |
If You believe that Grindr has suspended or terminated Your User Account in error, You may contact Us at [email protected] at any time. | clearly_fair | 1,383 |
USER CONTENT. | clearly_fair | 1,384 |
The Grindr Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to Grindr and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with Grindr and other Users. | clearly_fair | 1,385 |
You are solely responsible for Your own User Content and the consequences of posting or publishing them. | clearly_fair | 1,386 |
In connection with User Content, You represent and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Grindr to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Grindr 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 Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Grindr Services and this Agreement. | clearly_fair | 1,387 |
For clarity, You shall retain all of Your ownership rights in Your User Content. | clearly_fair | 1,388 |
You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable. | clearly_fair | 1,389 |
Grindr assumes no responsibility for actively monitoring User Content for inappropriate content. | clearly_fair | 1,390 |
Further, Grindr does not endorse and has no control over the content of User Content submitted by other Users. | clearly_fair | 1,391 |
Grindr makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. | clearly_fair | 1,392 |
User Content is owned by the User who submitted it, subject to Grindr’s license to such User Content under this Agreement. | clearly_fair | 1,393 |
You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement. | clearly_fair | 1,394 |
You hereby grant, and You represent and warrant that You have the right to grant, to Grindr 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 and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the Grindr Services and as otherwise permitted by this Agreement. | clearly_fair | 1,395 |
You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. | clearly_fair | 1,396 |
You also hereby grant to Grindr, in connection with a sale of Grindr or the assets of Grindr, the right to sell or transfer the User Content to a third party. | clearly_fair | 1,397 |
Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content. | clearly_fair | 1,398 |
If You provide Grindr with any feedback or suggestions regarding the Grindr Services (“Feedback”), You hereby grant Grindr the perpetual, irrevocable, worldwide license (with the right to sublicense) to use such Feedback and related information in any manner it deems appropriate. | clearly_fair | 1,399 |
Grindr will treat any Feedback You provide to Grindr as non-confidential and non-proprietary to You. | clearly_fair | 1,400 |
Grindr will have no obligation under any circumstances to compensate You for any Feedback. | clearly_fair | 1,401 |
You agree that You will not submit to Grindr any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated. | clearly_fair | 1,402 |
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS. | clearly_fair | 1,403 |
The Grindr Services may include links to other web sites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. | clearly_fair | 1,404 |
Grindr does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. | clearly_fair | 1,405 |
Furthermore, Grindr makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. | clearly_fair | 1,406 |
Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. | clearly_fair | 1,407 |
We do not control these Third-Party Websites and this Agreement does not apply to companies that Grindr does not own or control, or to the actions of people that Grindr does not employ or manage. | clearly_fair | 1,408 |
You should always check the terms of use posted on Third-Party Websites. | clearly_unfair | 1,409 |
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Grindr Services are solely between You and such advertiser. | clearly_fair | 1,410 |
Parties other than Grindr may provide services or sell products via the Grindr Services. | clearly_fair | 1,411 |
We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. | clearly_fair | 1,412 |
You should carefully review the third parties’ privacy statements and other terms and conditions of use. | clearly_fair | 1,413 |
By Your use of third-party applications that connect with the Grindr Services (“Third-Party Applications”), You acknowledge and agree that Grindr may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. | clearly_fair | 1,414 |
Grindr is not responsible for the transmission of the User Content from the Grindr Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. | clearly_fair | 1,415 |
You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. | clearly_fair | 1,416 |
Grindr is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. | clearly_fair | 1,417 |
Grindr also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. | clearly_fair | 1,418 |
Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications. | clearly_fair | 1,419 |
You acknowledge and agree that Grindr may incorporate Your User Content and location information for User Accounts from the Grindr Services with third-party information sources and third-party applications in the provisioning of the Grindr Services. | clearly_fair | 1,420 |
To the extent that any of Your User Content contains Your personal data (as defined in the Privacy Policy), any transfer of such Personal Data will be subject to the Privacy Policy. | clearly_fair | 1,421 |
ADVERTISING. | clearly_fair | 1,422 |
Grindr and its licensees may publicly display advertisements and other information adjacent to Your Content. | clearly_fair | 1,423 |
You are not entitled to any compensation for such advertisements. | clearly_fair | 1,424 |
The manner, mode and extent of such advertising are subject to change without specific notice or Our being liable to You. | clearly_fair | 1,425 |
END USER LICENSES. | clearly_fair | 1,426 |
Mobile Device. | clearly_fair | 1,427 |
To use the Grindr Software You must have a mobile device that is compatible with the Grindr Services. | clearly_fair | 1,428 |
Grindr does not warrant that the Grindr Services will be compatible with Your mobile device. | clearly_fair | 1,429 |
You are responsible for any mobile charges that You may incur for using the Grindr Services, including text-messaging, roaming charges, and data charges. | clearly_fair | 1,430 |
If You are unsure about the charges that will apply, please contact Your mobile service provider before using the Grindr Services. | clearly_fair | 1,431 |
License Grant. | clearly_fair | 1,432 |
Subject to Your compliance with the terms of this Agreement, Grindr hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Grindr Software for Your Account on a mobile device owned or leased solely by You, for Your personal, noncommercial use and (ii) use the Grindr Services (other than the Grindr Software) for Your personal, noncommercial use for the use intended by Grindr, as publicly communicated by Grindr from time to time. | clearly_fair | 1,433 |
Restrictions. | clearly_fair | 1,434 |
You may NOT: (i) modify, disassemble, decompile or reverse engineer the Grindr Services or any technology made available in connection with the Grindr Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Grindr Services to any third party or use the Grindr Services to provide time sharing or similar services for any third party; (iii) make any copies of the Grindr Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Grindr Services, features that prevent or restrict use or copying of any content accessible through the Grindr Services, or features that enforce limitations on use of the Grindr Services; or (v) create extensions of, products related to, or that interoperate with, the Grindr Services, except to the extent that such restriction is expressly prohibited by law without possibility of contractual waiver; or (vi) delete the copyright and other proprietary rights notices on the Grindr Services. | clearly_fair | 1,435 |
Upgrades. | clearly_fair | 1,436 |
You acknowledge that Grindr may from time to time issue upgraded versions of the Grindr Services, and may automatically electronically upgrade the version of the Grindr Services that You are using on Your mobile device or otherwise. | clearly_fair | 1,437 |
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. | clearly_fair | 1,438 |
Open Source. | clearly_unfair | 1,439 |
To the extent that the Grindr Services utilize any open source or third-party code that may be incorporated in the Grindr Services, such open source or third-party code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. | clearly_fair | 1,440 |
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. | clearly_fair | 1,441 |
Please contact us at [email protected] (with “Open Source” in the email subject line) for more information. | clearly_fair | 1,442 |
Rights Reserved. | clearly_fair | 1,443 |
The foregoing license granted under this Agreement is not a sale of the Grindr Services or any copy thereof and Grindr or its third-party partners or suppliers retain all right, title, and interest in the Grindr Services (and any copy thereof). | clearly_fair | 1,444 |
Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. | clearly_fair | 1,445 |
Grindr reserves all rights not expressly granted under this Agreement. | clearly_fair | 1,446 |
Trademarks, Service Marks and Logos. | clearly_fair | 1,447 |
The names and logos associated with the Grindr Services are the property of Grindr. | clearly_fair | 1,448 |
No use of these marks is permitted except through the prior written authorization and permission of Grindr. | clearly_fair | 1,449 |
All rights reserved. | clearly_fair | 1,450 |
Government End Users. | clearly_fair | 1,451 |
The Grindr Services are intended for the use by individuals, not government entities. | clearly_fair | 1,452 |
If Grindr authorizes the use of the Grindr Services on behalf of the United States Government or the United States Government uses the Grindr Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution and disclosure of the Grindr Services (or portion thereof) by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. | clearly_fair | 1,453 |
Otherwise, nothing in this Agreement or otherwise will give a government user rights to the Grindr Services broader than those set forth in this Agreement. | clearly_fair | 1,454 |
Export Control. | clearly_fair | 1,455 |
The Grindr Services originate in the United States and are subject to United States export laws and regulations. | clearly_fair | 1,456 |
The Grindr Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. | clearly_fair | 1,457 |
In addition, the Grindr Services may be subject to the import and export laws of other countries. | clearly_fair | 1,458 |
You agree to comply with all United States and foreign laws related to use of the Grindr Services. | clearly_fair | 1,459 |
App Stores. | clearly_fair | 1,460 |
You acknowledge and agree that the availability of the Grindr Services is dependent on the third party from which You received the Grindr Services, e.g., the Android Market or Apple app store (each, an “App Store”). | clearly_fair | 1,461 |
You acknowledge that this Agreement is between You and Grindr and not with the App Store. | clearly_fair | 1,462 |
Each App Store may have its own terms and conditions to which You must agree before downloading the Grindr Services from it. | clearly_fair | 1,463 |
You agree to comply with, and Your license to use the Grindr Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store. | clearly_fair | 1,464 |
OUR DISCLAIMERS; NO WARRANTIES TO YOU. | clearly_fair | 1,465 |
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. | potentially_unfair | 1,466 |
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. | clearly_fair | 1,467 |
PLEASE REFER TO THE “SPECIAL TERMS FOR INTERNATIONAL USERS” FOR CERTAIN EXCEPTIONS FOR SUCH USERS. | clearly_unfair | 1,468 |
THE GRINDR SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GRINDR SERVICES ARE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. | potentially_unfair | 1,469 |
GRINDR, AND ITS SUPPLIERS, AFFILIATES, AND LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. | clearly_fair | 1,470 |
GRINDR AND ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GRINDR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRINDR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. | clearly_fair | 1,471 |
GRINDR AND ITS SUPPLIERS AND LICENSORS (INCLUDING GRINDR’S THIRD-PARTY WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER GRINDR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. | clearly_fair | 1,472 |
YOU (AND NOT GRINDR OR ITS SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE GRINDR SERVICES. | clearly_fair | 1,473 |
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