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YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GRINDR SERVICES AT YOUR OWN DISCRETION AND RISK.
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1,474
YOUR INDEMNIFICATION OF US; YOU HOLD GRINDR HARMLESS.
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1,475
You agree to indemnify, defend, and hold Grindr (and its affiliated companies, contractors, employees, agents, and suppliers and licensors) 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 Grindr Services generally, (b) any violation of the rights of any other person or entity by You, (c) any alleged breach or violation by You of this Agreement, or (d) Your use of the Grindr Services to meet another User in person or to locate and attend any offline place or event.
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Grindr 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.
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1,477
This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Grindr Services.
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1,478
LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.
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1,479
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON LIABILITY.
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1,480
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS BELOW MAY NOT APPLY TO YOU.
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1,481
PLEASE REFER TO THE SPECIAL TERMS FOR CERTAIN EXCEPTIONS FOR SUCH USERS.
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THIS SECTION 18 IS NOT INTENDED TO EXCLUDE LIABILITY THAT GRINDR MAY NOT EXCLUDE UNDER APPLICABLE LAW.
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1,483
YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH GRINDR.
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1,484
YOU ACKNOWLEDGE AND AGREE THAT GRINDR HAS OFFERED THE GRINDR SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE.
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YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GRINDR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR.
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GRINDR WOULD NOT BE ABLE TO PROVIDE THE GRINDR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
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1,487
YOU RELEASE US.
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1,488
RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE.
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1,489
You and Grindr agree that any dispute that has arisen or may arise between us relating in any way to Your use of or access to the Grindr Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Grindr in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 21.
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Informal Resolution.
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If You have any dispute with Us, You and We agree that before taking any formal action, You will contact Us at [email protected], provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.
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Applicable Law.
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Our Arbitration.
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You and We agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals.
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You and We agree that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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The Arbitrator’s Award to You or Us.
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You and We agree that for matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award.
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The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law.
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The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same Grindr User to the extent required by applicable law.
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Injunctive and Declaratory Relief.
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Except as provided in Section 21.6 below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by You or Grindr and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
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To the extent that You or Grindr have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration.
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The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
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Exceptions To Our Agreement To Arbitrate Disputes.
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There are only two exceptions to this agreement to arbitrate:
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First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
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Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
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Who Bears the Costs of Arbitration.
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You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate.
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Future Amendments to the Agreement to Arbitrate.
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Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Grindr prior to the effective date of the amendment.
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However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between You and Grindr.
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If You do not agree to these amended terms, You may close Your account within thirty (30) days of the posting or notification and You will not be bound by the amended terms.
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Judicial Forum for Legal Disputes.
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THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME.
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IF YOU ARE NOT A NEW GRINDR USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
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Arbitration Opt-Out Procedure.
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In order to opt-out, You must email Your name, address (including street address, city, state, and zip code), email address(es) associated with Your Account(s) to which the opt-out applies, and an unaltered digital image of Your valid driver’s license to: [email protected].
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This procedure is the only way You can opt out of the agreement to arbitrate.
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If You opt out of the agreement to arbitrate, all other parts of this Agreement and this Disputes Section (including Sections 19 (You Acknowledge the Benefit of the Bargain with Grindr) and 14 through 18 (14 -Advertising; 15 – End User Licenses; 16 – Our Disclaimers; No Warranties to You, 17 – Your Indemnification of Us; You Hold Grindr Harmless, and 18 – Limitation of our Liability and of Your Damages)) will continue to apply to You.
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Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that You may have with Us.
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YOU WAIVE CERTAIN RIGHTS.
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BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (iii) TO A TRIAL BY JURY.
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STATUTE OF LIMITATIONS FOR YOUR CLAIMS.
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REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
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NOTICE AND TAKEDOWN POLICY.
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Grindr respects intellectual property rights and expects its Users to do the same.
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A repeat infringer is a User who has been notified by Grindr of infringing activity violations more than twice and/or who has had a User Content removed from the Grindr Services more than twice. (
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If You are a copyright owner or an agent thereof, and You believe that any content hosted on any Grindr Services infringes Your copyrights, then You may submit a notification by providing Grindr’s Designated Copyright Agent with the following information in writing:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Grindr Services are covered by a single notification, a representative list of such works on the applicable Grindr Services;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Grindr to locate the material;
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Information reasonably sufficient to permit Grindr to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”);
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and
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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
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Grindr’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
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Grindr LLC
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Attention: Copyright Agent
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P.O. Box 69176
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1,541
West Hollywood, CA 90069
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Telephone: (310) 776-6680
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For clarity, only notices under this Section should go to the Grindr Designated Copyright Agent.
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You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your DMCA notice may not be valid.
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Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
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1,547
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS.
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1,548
The following additional terms and conditions apply to You if You are using Grindr Software from the Apple App Store.
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To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 23, the more restrictive or conflicting terms and conditions in this Section 23 apply, but solely with respect to Grindr Software from the Apple App Store:
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Acknowledgement.
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Grindr and You acknowledge that this Agreement is concluded between Grindr and You only, and not with Apple, and that Grindr, not Apple, is solely responsible for Grindr Software and the content thereof.
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1,552
To the extent this Agreement provides for usage rules for Grindr Software that are less restrictive than the Usage Rules set forth for Grindr Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
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Scope of License.
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The license granted to You for Grindr Software is limited to a non-transferable license to use Grindr Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
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Maintenance and Support.
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Grindr is solely responsible for providing any maintenance and support services with respect to Grindr Software, as specified in this Agreement (if any), or as required under applicable law.
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1,557
Grindr and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Grindr Software.
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1,558
Warranty.
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1,559
Grindr is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
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1,560
In the event of any failure of Grindr Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for Grindr Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Grindr Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Grindr’s sole responsibility.
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Product Claims.
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Grindr and You acknowledge that Grindr, not Apple, is responsible for addressing any claims of You or any third party relating to Grindr Software or Your possession and/or use of Grindr Software, including: (i) product liability claims; (ii) any claim that Grindr Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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1,563
This Agreement does not limit Grindr’s liability to You beyond what is permitted by applicable law.
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1,564
Intellectual Property Rights.
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Grindr and You acknowledge that, in the event of any third-party claim that Grindr Software or Your possession and use of Grindr Software infringes that third party’s intellectual property rights, Grindr, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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Legal Compliance.
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You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
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Developer Name and Address.
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1,569
Grindr’s contact information for any end-user questions, complaints or claims with respect to Grindr Software is set forth in Section 25.7 below.
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1,570
Third-Party Terms of Agreement.
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You must comply with applicable third-party terms of agreement when using Grindr Software.
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1,572
Third-Party Beneficiary.
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