Terms of Service

 

The following terms and conditions govern all use of the CouplesCom mobile applications and services (“Applications”).  The Applications are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CouplesCom’s Privacy Policy) and procedures that may be published from time to time on this site by CouplesCom (collectively, the “Agreement”).Please read this Agreement carefully before accessing or using the Applications. By accessing or using the Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Applications. If these terms and conditions are considered an offer by CouplesCom, acceptance is expressly limited to these terms. The Applications are available only to individuals who are at least 13 years old.

 

Your CouplesCom Account

 

If you create a CouplesCom account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify CouplesCom of any unauthorized uses of your account or any other breaches of security. CouplesCom will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

Responsibility of Contributors

 

If you create or submit any content whatsoever (“Content”) to the Applications, or allow any third party to create or submit Content to the Applications, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data.

 

By submitting Content, you represent and warrant that:

 

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

your account is not named in a manner that misleads your partner into thinking that you are another person. For example, your name and email address do not belong to someone other than yourself.

 

Submitting Content

 

By submitting Content to CouplesCom for inclusion in the Applications, you grant CouplesCom a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying to the person with whom you were paired, or for whom you were waiting to confirm pairing, at the time of submission. If you delete Content, CouplesCom will use reasonable efforts to remove it from the database, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without limiting any of those representations or warranties, CouplesCom has the right (though not the obligation) to, at CouplesCom’s sole discretion (i) refuse or remove any content that, in CouplesCom’s reasonable opinion, violates any CouplesCom policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Applications to any individual or entity for any reason, at CouplesCom’s sole discretion. CouplesCom will have no obligation to provide a refund of any amounts previously paid.

 

Responsibility of Application Users

 

CouplesCom has not reviewed, and cannot review, the Content submitted to the Applications, and cannot therefore be responsible for that Content’s content, use or effects. By operating the Applications, CouplesCom does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. CouplesCom disclaims any responsibility for any harm resulting from the use by users of the Applications, or from any downloading by those users of content there posted.

 

Content Posted on Other Websites

 

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Applications link, and that link to the Applications. CouplesCom does not have any control over those non-CouplesCom websites, and is not responsible for their contents or their use. By linking to a non-CouplesCom website or webpage, CouplesCom does not represent or imply that it endorses such website or webpage. CouplesCom disclaims any responsibility for any harm resulting from your use of non-CouplesCom websites and webpages.

 

Intellectual Property

 

This Agreement does not transfer from CouplesCom to you any CouplesCom or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with CouplesCom. CouplesCom and all other trademarks, service marks, graphics and logos used in connection with the Applications are trademarks or registered trademarks of CouplesCom or CouplesCom’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Applications may be the trademarks of other third parties. Your use of the Applications grants you no right or license to reproduce or otherwise use any CouplesCom or third-party trademarks.

 

Advertisements

 

CouplesCom reserves the right to display advertisements in the Applications.

 

Changes

 

CouplesCom reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. CouplesCom may also, in the future, offer new services and/or features through the Applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination

 

CouplesCom may terminate your access to all or any part of the Applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CouplesCom account (if you have one), you may simply discontinue using the Applications, or you may request account deletion by emailing support@couplescomapp.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties

 

The Applications are provided “as is”. CouplesCom and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CouplesCom nor its suppliers and licensors, makes any warranty that the Applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Applications at your own discretion and risk.

 

Limitation of Liability

 

In no event will CouplesCom, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CouplesCom under this agreement during the twelve (12) month period prior to the cause of action. CouplesCom shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty

 

You represent and warrant that (i) your use of the Applications will be in strict accordance with the CouplesCom Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Applications will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification

 

You agree to indemnify and hold harmless CouplesCom, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Applications, including but not limited to your violation of this Agreement.

 

Miscellaneous

 

This Agreement constitutes the entire agreement between CouplesCom and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CouplesCom, or by the posting by CouplesCom of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Applications will be governed by the laws of the province of British Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in British Columbia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the British Columbia International Commercial Arbitration Centre by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vancouver, BC, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will 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, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CouplesCom may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Questions?

 

Please contact us at support@couplescomapp.com if you have any questions about our terms of service.

 

CouplesCom #218, 2270 Cliffe Ave. Courtenay, BC, Canada, V9N 2L4

 

Last updated July 3rd, 2014

Copyright 2014 CouplesCom

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