1. INTRODUCTION AND ACCEPTANCE
These “Terms” apply to (“you”) or (“User”) and the mobile app (the “Mobile App” or “IAM App”) provided by [Invite and Meet, LLC] or its affiliated entities (sometimes referred to as “Invite and Meet,” “the Company”, “IAM,” “us,” “we,” or “our”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS AND APPLICABLE ADDITIONAL TERMS BEFORE USING THE IAM APP OR WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN WAIVERS, CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE IAM APP OR WEB SITE, YOU AGREE TO THESE TERMS. DO NOT USE THE IAM APP OR WEB SITE OR PARTICIPATE IN OUR CONTESTS, OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE IAM APP OR WEB SITE IF YOU DO NOT AGREE. YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT. WE MAY MODIFY THE TERMS AS WELL AS DISCONTINUE, SUSPEND, WITHDRAW, REPLACE OR CHANGE THE IAM APP OR THE WEB SITE OR ANY CONTENT, PRODUCTS OR SERVICES OFFERED VIA THE IAM APP OR THE WEB SITE AND MAY MODIFY THESE TERMS AT ANY TIME, SUCH MODIFICATIONS BECOMING EFFECTIVE UPON POSTING BY US ON OR VIA THE IAM APP OR WEB SITE, AND YOUR CONTINUED USE OF THE IAM APP OR WEB SITE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
2. ARBITRATION NOTICE
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE, OR TO ANY SERVICES PROVIDED BY IAM WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF JURISDICTION IS SATISFIED. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. SEE SECTION 22 BELOW (“ARBITRATION, CHOICE OF LAW; JURISDICTION AND VENUE”).
Minimum Age. You must be at least 18 or at least the legal age of majority in your jurisdiction to register for IAM dating services and use the IAM App (“Services”). By using the Services, you represent and warrant that you have met this age requirement.
Criminal Background. By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been, banned from an online dating service, convicted of a felony, and that you are not registered or required to register as a sex offender. YOU ACKNOWLEDGE THAT NOTHING IN THESE TERMS CREATES AN OBLIGATION FOR INVITE AND MEET TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR VERIFY USERS STATEMENTS. However, Invite and Meet reserves the right to conduct any criminal background check, at its sole discretion, to confirm your compliance with these Terms. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU CONSENT TO AND AUTHORIZE INVITE AND MEET TO PERFORM A CRIMINAL BACKGROUND CHECK.
User Compatibility. The IAM App requires you to complete a user profile in order to support Invite and Meet’s ability to find potential dating prospects for you. Occasionally, the Invite and Meet matching system cannot identify compatible prospects for a given User and so we cannot guarantee that the Services will meet your dating expectations.
4. APP SERVICES
You may become a User by registering to the Service and creating an Account at no cost. As a User, you may use some, but not all of the Services’ features. To access or use certain features, including the ability to communicate with other Users, you may be required to become a paying User for such Services. Absent special or limited offers, you acknowledge and agree that if you are:
(i) not a paying User, you will not be able to use all the features available within the Service, including communicating with other Users; and
(ii) a non-paying User will not be able to use the Services to communicate with you in all circumstances.
Your User profile may remain posted on the Web Site or viewable on the IAM App even if you are not actively using the Services. You acknowledge that although a User’s profile may be viewed, you may not (even as a paying User) be able to use the Services to communicate with that User if he or she is not a paying User.
5. USER REGISTRATION
Under these Terms, you agree to:
(a) create only one Account;
(b) provide accurate, truthful, current and complete information when creating your Account and User profile;
(c) maintain and promptly update your account information and profile;
(d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device;
(e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account at: firstname.lastname@example.org;
(f) not sell, transfer or assign your username and password; and
(g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
6. USER CONTENT AND PERSONAL INFORMATION
Your participation in the Service, any special or limited offers, contests, or games, and acceptance of any prize shall, unless prohibited by law, also constitute a grant to Invite and Meet of the right, with no obligation, to verify correctness of registration and services eligibility requirements. Further, you grant to IAM worldwide, royalty-free, perpetual, transferable, irrevocable license to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, User submitted-content, ideas, suggestions, personal information such as your name, address, picture, voice, likeness and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by you under these Terms may not be terminated, revoked or rescinded and are not subject to reversion. The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that Account or profile content that you have submitted includes any material for which you lack the unrestricted right to grant us the rights as set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: Invite and Meet, at: email@example.com
7. INTELLECTUAL PROPERTY
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Web Site or the IAM App are the registered and/or unregistered Trademarks of Invite and Meet, or such other third party that may own the displayed Trademarks. Nothing contained on this Mobile App or this Web Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this IAM App or this Web Site without the written permission of Invite and Meet or such other third party that may own the displayed Trademarks.
IAM App Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Virtual Merchandise (defined below), IAM$, and their use and arrangement on this Web Site or IAM App (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites or apps unless specifically permitted by these Terms. Access to and uses of this IAM App are solely for your purchase of Invite and Meet Services for personal use, information, entertainment, and communication with Invite and Meet. You may download, copy or print the Content of this IAM App for your personal non-commercial use only. No right, title or interest in any of the Content of the Web Site or IAM App is transferred to you as a result of any downloading, copying, printing or use of this IAM App. All rights not expressly granted to you by these Terms are reserved.
8. PROHIBITED USES
You may not circumvent, disable or otherwise interfere with security-related features of the IAM App, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the IAM App or Web Site Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Mobile App, except as permitted by these Terms.
You may not rely on any information and opinions expressed on the IAM App or Web Site for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of IAM Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any IAM Content.
You are prohibited from using the Web Site or IAM App or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to impersonate any person or entity or infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to stalk, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or solicit money or property from any User; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this IAM App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, spim, phish, pharm, pretext, spider, crawl, scrape or collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited communications or unauthorized framing of or linking to the Web Site or IAM App; (j) for any pornographic, obscene or immoral purpose; (k) express or imply that any statements you make are endorsed by the Invite and Meet without our specific prior written consent; (l) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through Services (either directly or indirectly through use of third party software), or interfere with or circumvent the security features of other websites or other devices connected to Internet.
9. PROHIBITED CONTENT
IAM offers users the opportunity to interact with this Service by allowing you to submit User-content, including, without limitation, internal communications with IAM and other Users, comments, unsolicited creative or original concepts, ideas, materials or products, whether confidential or proprietary information, or the like. You are responsible for all User-content that you post on this Service. IAM is under no obligation to use or compensate you for your submissions. IAM is under no obligation to respond to you regarding your submissions, and your submissions will not be returned to you and will not be treated as confidential information.
You acknowledge that you are strictly prohibited from posting inappropriate User-content to the IAM App or Web Site, including, without limitation content that: (a) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) advocates harassment or intimidation of another person; (c) requests money or property from, or is intended to otherwise defraud, other users of the Service; (d) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities); (e) promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; (f) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; (g) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); (h) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (i) provides material that exploits or depicts people in a nude, pornographic, violent or other illegal manner, or solicits personal information from anyone under the age of 18; (j) provides depictions or information about illegal activities such as prostitution, bestiality, necrophilia, adult pornography, child pornography, making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses; (k) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; (l) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; (m) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); (n) disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; (o) solicits passwords or personal identifying information from other users or disseminates another person’s personal information without his or her permission; and (p) publicizes or promotes commercial activities and/or sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, swaps, advertising, and pyramid schemes.
10. RIGHT TO PRESERVE, VIEW, REMOVE CONTENT AND TERMINATE ACCOUNTS
You shall comply with all applicable laws and regulations with respect to your use of the Service, including all Content you post through the Service.
You acknowledge and agree that any Content you place on the Service will be viewable and may be viewed by other users and anyone visiting or participating in the Service. You irrevocably authorize the Company and acknowledge and agree that the Company has and shall have the right to access, view, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in order to protect the rights, property, security and safety of the Company or any third party, including, without limitation, for purposes of enforcing this Agreement, complying with legal requirements, responding to claims relating to the Content, providing support or other customer service to you.
We reserve the right, but do not have the obligation, to remove, modify or edit User-content, terminate your account or otherwise deny you access to the IAM App or Web Site in our sole discretion for any or no reason without notice and without liability.
Invite and Meet reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates any provision to these Terms, including removing offending communications from the Services and terminating or suspending the registration of such violators.
11. CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE
In limited circumstances, we may permit third-party links to the IAM App home page from any website with the IAM App and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or applicable Additional Terms, we reserve the right to prohibit linking to the IAM App for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Web Site or the IAM App, the posting of those links or associated content does not constitute Invite and Meet’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this IAM App, the sale and purchase of those products and services does not constitute Invite and Meet’s endorsement of the same. Invite and Meet is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Mobile App may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party’s terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
The IAM App may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the IAM App to determine your physical location by using information that we obtain from your Access Device (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device.
BY USING THE MOBILE SERVICES YOU AGREE THAT WE AND OUR AUTHORIZED PARTNERS MAY COMMUNICATE WITH YOU VIA TEXT MESSAGING SERVICES REGARDING THE IAM APP SERVICES, OR BY ANY OTHER ELECTRONIC OR DIGITAL MEANS TO YOUR MOBILE DEVICE AND THAT CERTAIN INFORMATION ABOUT YOUR USAGE OF THE MOBILE SERVICES WILL BE COMMUNICATED TO US.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the IAM App to reflect this change.
13. INTERACTION WITH OTHER USERS
You assume all risk when using the Services, including, without limitation, all risks associated with any online or offline interactions with other Users, including dating. You are advised to act with caution when communicating with or meeting any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, INVITE AND MEET DOES NOT SCREEN ITS USERS, INQUIRE INTO THE STATED BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY ANY INFORMATION PROVIDED BY ITS USERS. Invite and Meet disclaims all warranties or guarantees regarding the conduct of its users, information provided by users, or their potential to be compatible with you. FURTHER, YOU ACKNOWLEDGE THAT NOT ALL USERS ARE AVAILABLE FOR DATING AND THAT INVITE AND MEET USES TEST PROFILES OR ACCOUNTS TO MONITOR THE OPERATION OF THE SERVICES. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS. These tips provide general advice regarding sound dating practices, such as not providing, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and ceasing all communications with anyone who pressures you for personal or financial information or attempts in any way to use social engineering schemes to fraudulently obtain your personal information. You agree to treat all other users with dignity and respect and comply with these Terms.
14. DISCLOSURE TO PROTECT ABUSE VICTIMS
Notwithstanding any other provision of these Terms or the Privacy Statement, Invite and Meet reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole determination, Invite and Meet suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, violence against animals, or domestic violence. Information may be disclosed to authorities that Invite and Meet, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Invite and Meet is permitted to make such disclosure.
15. IN APP PURCHASES
Invite and Meet may offer products, services and Virtual Currency for purchase through platforms such as the App Store and Google Play or other application platforms authorized by Invite and Meet. These are referred to as “in app purchases”. If you make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account with such platform will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account with such platform. If you purchase an auto-recurring periodic subscription through an in app purchase, you will be charged the price of the subscription and your IAP Account will be billed continuously for the subscription until you cancel in accordance with the application platform terms. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Any unused portion of a free trial period, if offered, will be forfeited when you purchase the subscription to that publication, where applicable. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Invite and Meet application from your device. Deleting your account on Invite and Meet or deleting the Invite and Meet application from your device does not cancel your subscription; Invite and Meet will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account. You are and shall be subject to all terms of your application platform which apply to your in app purchases. You may be charged sales tax, depending on where you live.
Refunds, Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New-York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate 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 death. In the event that you become disabled (such that you are unable to use the services) before the end of your 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 the company notice in the same manner as you request a refund as described below. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Invite and Meet. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you subscribed using your Google Play Store account: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Invite and Meet, Attn: Cancellations, 1521 Alton road, Miami Beach, Florida 33139, USA (in addition, Ohio users may send a facsimile to 305-778-0134)
16. VIRTUAL MERCHANDISE AND VIRTUAL CURRENCY
The IAM App provides User with the opportunity to purchase Virtual Currency through the App Store and Google Play or other application platforms to be used to purchase virtual products (“Virtual Goods”) or for payment of certain Services’ features including the ability to communicate with other Users and the “Invites cost” to invite “Non-Match” of yours. Virtual Goods are intangible items purchased for use in digital environments or online communities (e.g., game credits based on points, social media credits, etc.) that permit you to acquire an experience with using our digital services. Purchases of Virtual Currency or Virtual Goods sold on our site are subject to these terms and conditions. Purchases of Virtual Currency or Virtual Goods sold on our site are purchases of a limited, personal, revocable, non-transferable, non-sublicenseable license. Subject to the license, your purchase of Virtual Goods does not convey to you any right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service or any other attributes associated with use of the Service or stored within the Service. We reserve the absolute right to manage, regulate, control, modify, terminate your license, and/or eliminate such Virtual Currency and/or Virtual Goods as we see fit in our sole discretion. Further, IAM shall have no liability to you or anyone for the exercise of such rights.
ALL PURCHASES OF VIRTUAL CURRENCY OR VIRTUAL GOODS SOLD ON OUR SITE ARE FINAL. ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE SOLD AS-IS WITH NO WARRANTIES OF ANY KIND. NO REFUNDS WILL BE GIVEN, EXCEPT IN OUR SOLE AND ABSOLUTE DISCRETION, HOWEVER ALL APPLICABLE SERVICES CHARGES SHALL APPLY. VIRTUAL CURRENCY OR OTHER VIRTUAL GOODS WILL BE FORFEITED AND LICENSES FOR SUCH GOODS WILL BE TERMINATED IF YOUR ACCOUNT IS TERMINATED OR CANCELLED FOR ANY REASON AS WE SEE FIT IN OUR SOLE DISCRETION, OR IF IN OUR SOLE DISCRETION WE DECIDE TO DISCONTINUE PROVIDING THE RELEVANT SERVICES. TRANSFERS OF VIRTUAL CURRENCIES AND VIRTUAL GOODS ARE STRICTLY PROHIBITED. YOU MAY NOT BUY, SELL OR EXCHANGE ANY VIRTUAL CURRENCY OR VIRTUAL GOODS FOR “REAL WORLD” GOODS OR LEGAL TENDER.
YOU AGREE TO INDEMNIFY AND HOLD INVITE AND MEET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TERMS. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under these Terms.
18. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
THE SERVICES AND CONTENT PROVIDED VIA THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” INVITE AND MEET MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES OR CONTENT, OR PERFORMANCE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON VIA THE SERVICES OR ACCESSED THROUGH THE SERVICES OR OUR MOBILE APPLICATION. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SERVICES, AND INVITE AND MEET MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SERVICE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO INVITE AND MEET EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; INVITE AND MEET DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
19. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES: (1) THAT YOUR USE OF THESE SERVICES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES; AND (3) THAT INVITE AND MEET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF INVITE AND MEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INVITE AND MEET’S, ITS AFFILIATES’, AGENTS’, LICENSORS’ OR SUPPLIERS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS WEB SITE EXCEED TEN ($10) DOLLARS.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, INVITE AND MEET, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
20. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service and/or have an Invite and Meet Account.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account or block your access to the Services for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms or applicable additional Terms. You agree that Invite and Meet shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Services. Invite and Meet is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account.
If you become a registered User, you may terminate your registration at any time and for any reason, by deleting your Account following the instructions in “Settings” in the Service.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, arbitration, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the IAM App and Services Content and destroy any copies of IAM App and Services Content in your possession, including deleting any downloaded IAM App Content from your Access Device.
21. COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is Invite and Meet’s legal department. The agent can be reached at 305 778 0118, firstname.lastname@example.org, or via U.S. Mail at Invite and Meet legal, 1521 Alton Road, Miami Beach, FL 33139.
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have 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”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Invite and Meet will remove or disable access to the content that is alleged to be infringing;
- Invite and Meet will forward the written notification to the alleged infringer; and
- Invite and Meet will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Invite and Meet, the alleged infringer will have the opportunity to respond to Invite and Meet with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Invite and Meet’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Invite and Meet may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
22. ARBITRATION, CHOICE OF LAW; JURISDICTION AND VENUE
ALL DISPUTES OR CLAIMS RELATED TO THESE SERVICES SHALL BE EXCLUSIVELY ADJUDICATED BY MANDATORY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION AGREEMENT SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. USER ACKNOWLEDGES THAT USER IS WAIVING ALL RIGHTS TO BRING OR MAINTAIN ANY CLASS CLAIM, CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION, CLAIM OR PROCEEDING AGAINST IAM IN A COURT OF LAW. BY USING THE SERVICES OR VISITING THE WEBSITE, USER AGREES AND ACKNOWLEDGES THAT USER IS WAIVING USER’S RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
All claims or actions will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. User acknowledges that arbitration proceedings are usually simpler, consume less time, and are generally more efficient than trials and other judicial proceedings. Arbitration proceedings are designed to be fair and impartial. Arbitrators are qualified to and can grant any relief that a court can. Under mandatory binding arbitration, an arbitrator’s decision is final and enforceable in a court or law, and may be overturned by court only under limited circumstances. Arbitration procedures are described below:
- Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Invite and Meet.
- Pre-Arbitration Dispute Resolution. Invite and Meet is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at Invite and Meet, 1521 Alton Road, #234, Miami Beach, FL 33139, USA.
- Administrator. The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with Invite and Meet. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ consumer_arbitration.
- Applicable Rules. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.
Commencing an Arbitration. To commence an arbitration against Invite and Meet, you must complete a short form, submit it to the AAA, and send a copy to Invite and Meet at Invite and Meet, 1521 Alton Road, #234, Miami Beach, FL 33139, USA.
- Commencing an Arbitration. To commence an arbitration against Invite and Meet, you must complete a short form, submit it to the AAA, and send a copy to Invite and Meet at Invite and Meet, 1521 Alton Road, #234, Miami Beach, FL 33139, USA.
- To learn more about commencing an arbitration and to obtain a form to institute arbitration, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Invite and Meet may assert any counterclaims it may have against the complaining party.
- Fees. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Invite and Meet will pay all remaining fees. If your claim against Invite and Meet is for less than $1,000, we will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
- Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will select a single arbitrator from a roster of neutrals prepared by the AAA.
- Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
- Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
- Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
- Arbitration Award. The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against IAM (except for small-claims court actions) may be commenced only in the federal or state courts located in Miami-Dade County, Florida. You hereby irrevocably consent to the jurisdiction and venue of those courts for such purposes.
This Agreement, and any dispute between you and IAM, shall be governed by the laws of the state of Florida without consideration of principles of conflicts of law.
23. AMENDMENT AND ADDITIONAL TERMS
We reserve the right to modify, change, discontinue, suspend, withdraw, replace or add terms, or features of the Web Site or IAM App, or products or Services offered via the Web Site or IAM App and/or modify these terms at any time at our sole discretion. Such modifications will become effective upon posting by us on the Web Site or IAM App, and your continued use of the IAM App or Web Site constitutes your acceptance of such changes. Our sweepstakes and contests will be subject to additional rules, conditions and terms (“Additional Terms” or “Official Rules”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Web Site or IAM App. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
Events Beyond Our Control.
You expressly release Invite and Meet from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via the Web Site or IAM App or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail, text message, or by posting notices on this service. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.
Entire Agreement and Conflicting Terms.
Use of the Service is void where prohibited by law. Users are responsible for compliance with all laws related to the use of these Services.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone. We may assign these Terms to a third-party in the event of merger, acquisition, transfer, or sale of some or all of our assets to that third-party or parties. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.