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Grindr and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof. | clearly_fair | 1,574 |
SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL. | clearly_fair | 1,575 |
The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. | clearly_fair | 1,576 |
To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. | clearly_fair | 1,577 |
This notice shall be sent to: | clearly_fair | 1,578 |
Grindr LLC | clearly_fair | 1,579 |
P.O. Box 69176 | clearly_fair | 1,580 |
West Hollywood, CA 90069 | clearly_fair | 1,581 |
In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. | clearly_fair | 1,582 |
In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing Grindr notice at the same address as listed above. | clearly_fair | 1,583 |
MISCELLANEOUS PROVISIONS. | clearly_fair | 1,584 |
Severability, Waiver of Agreement Provisions. | clearly_fair | 1,585 |
You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. | clearly_fair | 1,586 |
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. | clearly_fair | 1,587 |
The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. | clearly_fair | 1,588 |
A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. | clearly_fair | 1,589 |
Notices. | clearly_fair | 1,590 |
Grindr may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Grindr Services. | clearly_fair | 1,591 |
You hereby consent to the use of electronic communications. | clearly_fair | 1,592 |
To give Grindr notice, you may do so through the physical and email addresses provided in Section 25.7 and such notice will be effective upon receipt. | clearly_fair | 1,593 |
You May Not Assign, But Grindr May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. | clearly_fair | 1,594 |
However, Grindr may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. | clearly_fair | 1,595 |
You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation. | clearly_fair | 1,596 |
Survival of Provisions. | clearly_fair | 1,597 |
The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the Grindr Services: 1-3, 4.3, 4.4, 5-7, 9.6, 9.7, 10, 12-14, 15 (excluding 15.2), 16-23, and 25. | clearly_fair | 1,598 |
No Third-Party Beneficiaries. | clearly_fair | 1,599 |
Grindr’s past, present, and future affiliates (i.e., companies controlling, controlled by, or under common control with Grindr) are third-party beneficiaries of all the rights, protections, and benefits afforded Grindr under this Agreement, including Section 21. | clearly_fair | 1,600 |
Otherwise, there are no third-party beneficiaries to this Agreement. | clearly_fair | 1,601 |
Headings; Entire Agreement. | clearly_fair | 1,602 |
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. | clearly_fair | 1,603 |
The word “including” means “including without limitation.” | clearly_unfair | 1,604 |
This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties. | clearly_fair | 1,605 |
Our Disclosures; Your Inquiries. | clearly_fair | 1,606 |
The services hereunder are offered by Grindr LLC, PO Box 69176, West Hollywood, CA 90069. | clearly_fair | 1,607 |
If you have a question or complaint, you may reach us at the address above or at: [email protected]. | clearly_fair | 1,608 |
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., | clearly_fair | 1,609 |
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. | clearly_fair | 1,610 |
Special Terms for International Users | clearly_unfair | 1,611 |
UNITED KINGDOM. | clearly_fair | 1,612 |
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are a UK resident to the extent required by applicable law: | clearly_fair | 1,613 |
Cancellation within 14-day cancellation period. | clearly_fair | 1,614 |
You have the right to cancel Your Grindr Premium Services within fourteen (14) days without giving any reason. | clearly_fair | 1,615 |
The cancellation period will expire after fourteen (14) days from Your purchase of the Grindr Premium Services. | clearly_fair | 1,616 |
If You have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of Your free trial. | clearly_fair | 1,617 |
To exercise the right to cancel Your Grindr Premium Services during the fourteen (14) day cancellation period, You must inform Us at [email protected] of Your decision to cancel by a clear statement. | clearly_fair | 1,618 |
You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. | clearly_fair | 1,619 |
We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. | clearly_fair | 1,620 |
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. | clearly_fair | 1,621 |
There are no separate cancellation fees but there are no refunds except as provided herein. | clearly_fair | 1,622 |
We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. | clearly_fair | 1,623 |
You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation, (excluding any free trial period where no payment was taken) and We will therefore not refund You for that portion of Your Premium Services. | clearly_fair | 1,624 |
We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. | clearly_fair | 1,625 |
We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. | clearly_fair | 1,626 |
Exceptions to Liability Limitations. | clearly_fair | 1,627 |
ARBITRATION MAY NOT APPLY TO YOU. | clearly_fair | 1,628 |
PLEASE READ SECTION 21.8 CAREFULLY. | clearly_fair | 1,629 |
The European Commission Online Dispute Resolution Platform is available at the following link ODR Platform. | clearly_unfair | 1,630 |
No Prejudice to Consumer Law. | clearly_fair | 1,631 |
Local Jurisdiction. | clearly_fair | 1,632 |
The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 21, in which We agree that all disputes not subject to the terms of Section 21 will be heard in courts located in Los Angeles, California, USA. | clearly_fair | 1,633 |
This Agreement does not limit any such rights that You have that apply regardless of the terms of an agreement that You have entered into. | clearly_fair | 1,634 |
EUROPEAN UNION. | clearly_fair | 1,635 |
The following terms apply to You, and supersede conflicting terms in this Agreement, if You are an EU resident to the extent required by applicable law. | clearly_fair | 1,636 |
Cancellation within 14-day cancellation period. | clearly_fair | 1,637 |
You have the right to cancel Your Grindr Premium Services within fourteen (14) days without giving any reason. | clearly_fair | 1,638 |
The cancellation period will expire after fourteen (14) days from Your purchase of the Grindr Premium Services. | clearly_fair | 1,639 |
If You have benefitted from a free trial, the cancellation period will expire fourteen (14) days from the beginning of Your free trial. | clearly_fair | 1,640 |
To exercise the right to cancel Your Grindr Premium Services during the fourteen (14) day cancellation period, You must inform Us at [email protected] of Your decision to cancel by a clear statement. | clearly_fair | 1,641 |
You may use the Model Withdrawal Form found in Annex I(B) of the Directive on Consumer Rights. | clearly_fair | 1,642 |
We will communicate to You an acknowledgment of receipt of such cancellation by email without delay. | clearly_fair | 1,643 |
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right to cancel before the cancellation period has expired. | clearly_fair | 1,644 |
There are no separate cancellation fees but there are no refunds except as provided herein. | clearly_fair | 1,645 |
We will refund You a pro-rata amount of the Premium fee for the unused period of Your Premium Services. | clearly_fair | 1,646 |
You will still be required to pay a Premium Service fee for the period of Your Premium Services until You communicated to Us Your cancellation, (excluding any free trial period where no payment was taken) and We will therefore not refund You for that portion of Your Premium Services. | clearly_fair | 1,647 |
We will make the refund without undue delay and not later than fourteen (14) days after the day on which We are informed about Your decision to cancel Your Premium Services. | clearly_fair | 1,648 |
We will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. | clearly_fair | 1,649 |
Exceptions to Liability Limitations. | clearly_fair | 1,650 |
ARBITRATION MAY NOT APPLY TO YOU. | clearly_fair | 1,651 |
PLEASE READ SECTION 21.8 CAREFULLY. | clearly_fair | 1,652 |
The European Commission Online Dispute Resolution Platform is available at the following link ODR Platform. | clearly_unfair | 1,653 |
No Prejudice to Consumer Law. | clearly_fair | 1,654 |
Local Jurisdiction. | clearly_fair | 1,655 |
The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 21, in which We agree that all disputes not subject to the terms of Section 21 will be heard in courts located in Los Angeles, California, USA. | clearly_fair | 1,656 |
This Agreement does not limit any such rights that You have that apply regardless of the terms of an agreement that You have entered into. | clearly_fair | 1,657 |
SPAIN. | clearly_fair | 1,658 |
In addition to the terms set forth above for EU residents, and superseding conflicting terms in this Agreement, the following terms apply to You if You are a Spanish resident to the extent required by applicable law: | clearly_fair | 1,659 |
Language. | clearly_fair | 1,660 |
The Spanish version of this Agreement will control. | clearly_fair | 1,661 |
Modifications. | clearly_fair | 1,662 |
Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions. | clearly_fair | 1,663 |
Renewals. | clearly_fair | 1,664 |
Grindr (either directly or through an App Store) will provide You advance notice of the renewal date of the Premium Services subscription and of the trial subscription before charging your credit or debit card. | clearly_fair | 1,665 |
Moral Rights. | clearly_fair | 1,666 |
Your moral rights over Your User Content will not be assigned or waived. | clearly_fair | 1,667 |
PORTUGAL. | clearly_fair | 1,668 |
In addition to the terms set forth above for EU residents, the following terms apply to You, and supersede conflicting terms in this Agreement, if You are a Portuguese resident to the extent required by applicable law: | clearly_fair | 1,669 |
Language. | clearly_fair | 1,670 |
The Portuguese version of this Agreement will control. | clearly_fair | 1,671 |
Modifications. | clearly_fair | 1,672 |
Grindr will inform You of any relevant modification of the Services and/or Guidelines as well as of any changes to these terms and conditions. | clearly_fair | 1,673 |
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