MAY 15, 2016
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 20 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
IF YOU BECOME A THE GETOGETHER SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 13(c) AND (d) FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by THE GETOGETHER when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with THE GETOGETHER for products, services or otherwise.
All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
This Agreement and any policy or guideline of the Services may be modified by THE GETOGETHER in its sole discretion at any time, with or without notice. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a non-subscribing user or Member at the time of any change, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
1. ELECTRONIC RECORDS
Because the Services are provided electronically, you must consent to THE GETOGETHER’s providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that THE GETOGETHER may be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email address associated with your account. You may wish to print out all Electronic Records and keep them for your records. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above. In order for you to access and retain Electronic Records sent by THE GETOGETHER, you must have the following hardware and software: a computer or other access device capable of reading html and text files, a modem or other means of accessing the Internet, a browser capable of accessing and displaying the THE GETOGETHER website and the ability to receive and read emails. To print the Electronic Records, you will also need a printer.
You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Services provided by THE GETOGETHER are only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that THE GETOGETHER may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (c) you have not previously been suspended or removed from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of THE GETOGETHER and are not using the Services for reasons that are in competition with THE GETOGETHER or other than for its intended purpose; and (f) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
3. USE OF THE SERVICES
You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.
a. Member Account. You will create only one unique profile for use of the Services. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4 below) or other communications made in connection with your use of the Services. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publically available.
b. Account Security. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 13 below). You agree (a) to immediately notify THE GETOGETHER if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password of any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that THE GETOGETHER is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
c. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
d. Interactions with Other Users; Criminal Background Screenings. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, THE GETOGETHER DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. THE GETOGETHER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT THE GETOGETHER IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. THE GETOGETHER does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You acknowledge that not all users are available for matching and that THE GETOGETHER may create test profiles or accounts to monitor the operation of the Services.
You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. IN ADDITION, YOU AGREE TO REVIEW OUR ONLINE DATING SAFETY TIPS PRIOR TO USING THE SERVICES. These tips provide general advice aimed at engaging in safer dating practices, such as not providing your last name, 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 stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth in Section 3(f) below.
e. No Commercial Solicitation or Advertising. You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
f. User Conduct. THE GETOGETHER is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the users thereof:
i. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
ii. engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
iii. use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
iv. impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
v. make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
vi. defraud, swindle or deceive other users of the Services;
vii. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
viii. solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
ix. use any scripts, bots or other automated technology to scrape or access the Services;
x. collect or solicit personal information about anyone under 18;
xi. use the Service for any phishing, trolling or similar activities;
xii. use the Service to redirect users to other sites or encourage users to visit other sites;
xiii. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spimming activities;
xiv. attempt to access any Services or area of the Sites that you are not authorized to access; or
xv. permit or allow other people or third parties to access and use the Services via your account.
g. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the “Report This Profile” button or similar button or link on the Services or by contacting us here.
h. Verification and Enforcement. Although THE GETOGETHER does not routinely conduct criminal screenings of its users, you agree that THE GETOGETHER has the right to do so at its sole discretion, and you consent to such screening and agree to provide to THE GETOGETHER, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if THE GETOGETHER believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, THE GETOGETHER may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.
4. USER CONTENT
. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to THE GETOGETHER through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). THE GETOGETHER does not control, take responsibility for or assume liability for any User Content posted by you or any third party, or for any loss or damage thereto, nor is THE GETOGETHER liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
a. Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to THE GETOGETHER or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
b. No Duty to Review User Content. Although you understand and acknowledge that THE GETOGETHER has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that THE GETOGETHER may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes THE GETOGETHER’s right to modify, crop or “photoshop” any photos you submit to comply with THE GETOGETHER’s policies, practices and procedures.
c. License of User Content to THE GETOGETHER. THE GETOGETHER claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to THE GETOGETHER, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by THE GETOGETHER will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release THE GETOGETHER and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
d. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
e. Prohibited Content. You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other THE GETOGETHER policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
. is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to, or does, harass, or intimidate any other user or third party;
iii. may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
iv. contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
v. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
vi. violates someone’s data privacy or data protection rights;
vii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
viii. contains any advertising, fundraising or promotional content; or
ix. is, in the sole judgment of THE GETOGETHER, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes THE GETOGETHER or its users to harm or liability of any type.
f. Submissions. Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to THE GETOGETHER and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to THE GETOGETHER by email or otherwise, are non-confidential and shall become the sole property of THE GETOGETHER. THE GETOGETHER shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. THE GETOGETHER shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, THE GETOGETHER logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of THE GETOGETHER and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of THE GETOGETHER.
You are granted a limited, non-sublicensable license to access and use the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to THE GETOGETHER or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create user accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of THE GETOGETHER, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. THE GETOGETHER reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
7. REPEAT INFRINGER POLICY
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing INFO@THE GETOGETHER.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
THE GETOGETHER reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. THE GETOGETHER may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
8. COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. THE GETOGETHER’s designated Copyright Agent to receive notifications of claimed infringement is:
THE GETOGETHER, LLC.
Attn: Copyright Agent
1146 Winston Dr. Decatur Ga. 30032
info@THE GETOGETHER.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying THE GETOGETHER and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with THE GETOGETHER’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
“THE GETOGETHER,” THE GETOGETHER’s logos and any other trade name or slogan contained in the Services are trademarks or service marks of THE GETOGETHER, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of THE GETOGETHER or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of THE GETOGETHER and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the THE GETOGETHER websites for noncommercial purposes, provided such link does not portray THE GETOGETHER or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use THE GETOGETHER’s logo or proprietary graphics to link to any THE GETOGETHER website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any THE GETOGETHER trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without THE GETOGETHER’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of THE GETOGETHER or any third party.
THE GETOGETHER makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of THE GETOGETHER and THE GETOGETHER is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. THE GETOGETHER provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by THE GETOGETHER of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.
11. THIRD PARTY CONTENT
THE GETOGETHER may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. THE GETOGETHER does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that THE GETOGETHER is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
12. ADVERTISERS AND OTHER THIRD PARTIES
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. THE GETOGETHER is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that THE GETOGETHER shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
13. PAID SERVICES
. General. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services or virtual coins (as described below), you authorize THE GETOGETHER and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at THE GETOGETHER’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 13).
a. Payment Method. THE GETOGETHER may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize THE GETOGETHER to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
THE GETOGETHER’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
b. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 13(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
c. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 22, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 22, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 22 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
d. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to THE GETOGETHER. You agree to promptly notify THE GETOGETHER if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
e. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), THE GETOGETHER will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that THE GETOGETHER may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. THE GETOGETHER will inform you of any additional charges that are accumulated.
F. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, THE GETOGETHER shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, (3) apply all or some of the amount of your payment to the purchase of our virtual currency or (4) apply your payment in any combination of the foregoing ways.
THE GETOGETHER reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
14. MOBILE SERVICES
You may access and use certain features of the Services using certain mobile devices, including through our SMS service (the “Mobile Services”). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.
Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. To stop receiving SMS messages from us, text STOP to 96675. To get help, text HELP to 96675 for instructions. For customer support, please contact us at http://www.THE GETOGETHER.com/contactinfo.php or write to support@THE GETOGETHER.com. We support the following carriers: T-Mobile®, Verizon Wireless, AT&T, Sprint, Nextel, Boost, Cricket, Alltel, ACG, Cincinnati Bell, U.S. Cellular®, Virgin Mobile, Aliant Mobility, Bell Mobility, Inc., MTS/Allstream Inc., Northern Telephone, Rogers Cantel Inc., Sasktel Mobility, Telebec, Telus Mobility, and Virgin Mobile Canada.
In the event you change or deactivate your mobile telephone number, you agree to update your account information on THE GETOGETHER within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
15. DOWNLOADABLE APPLICATIONS
By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
16. MOBILE SOFTWARE
. Mobile Software. We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes any updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. THE GETOGETHER does not warrant that the Mobile Software will be compatible with your device. THE GETOGETHER hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one THE GETOGETHER account on one device owned or leased solely by you, for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; (v) delete the copyright and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software; (vii) use the Mobile Software on any device that you do not own or control; or (viii) distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time. You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that THE GETOGETHER may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and THE GETOGETHER or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. THE GETOGETHER reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section 16 may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.
a. Mobile Software from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and THE GETOGETHER, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to THE GETOGETHER as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to THE GETOGETHER as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, THE GETOGETHER, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and THE GETOGETHER acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, 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 as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.
b. No Support. This Agreement does not entitle you to receive from THE GETOGETHER, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
c. U.S. Government End Users. The Mobile Software was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Mobile Software consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government end users acquire only those rights in the Mobile Software that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government end users acquire only technical data and the rights in that data as expressly provided in this Agreement. Any use,