TERMS


CHARADE DATE

TERMS OF SERVICE

 

Last modified on July 3, 2013

 

Welcome to Charade Date! We are Charade Date, and we are operated by DNA Mobile LLC, a Texas limited liability company (“We”, “Us”, “Charade Date” or the “Company”). We offer the Charade Date app (the “Service”) according to the terms of service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”), both of which are accessible via the Charade Date app and our website, www.charadedate.com.

 

These Terms govern your access to and use of Charade Date and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

 

By clicking a box that states that you accept or agree to these terms or by using our Service, you are agreeing to the terms below. Please read them carefully.

 

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICE.

 

We reserve the right to modify these terms without notice. Your continued usage of the Service constitutes your acceptance of these terms. Violation of any terms will result in termination of your account. Questions about the Terms of Service may be sent to info@charadedate.com.

 

1. Access to Services.

 

(a)               Charade Date does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to Charade Date or on the Services. In the event that we learn we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at info@charadedate.com.

 

(b)              You represent and warrant to Charade Date that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 

(c)               Charade Date may prohibit any user from using the Service in its sole discretion at any time for any reason, and We are not liable for any damage or loss resulting from such prohibition.

 

 2. Basic Terms.

 

(a)               You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. TO BE CLEAR – WE ASSUME NO LIABILITY FOR THE VIDEOS OR CONTENT THAT YOU SUBMIT TO THE SERVICE OR POST FOR VIEWING BY ANOTHER CHARADE DATE USER.

 

(b)              You may use the Services only if you can form a binding contract with Charade Date and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

(c)               The Services that Charade Date provides are always evolving, and the form and nature of the Services that Charade Date provides may change from time to time without prior notice to you. In addition, Charade Date may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

(d)              The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Charade Date granting you access to and use of the Services, you agree that Charade Date, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

 

3. Fees and Payment. Although our Services are currently free to users, the Company reserves the right to require payment of fees for certain or all Services. If you so elect, You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

 

4. Privacy.  Any information that you provide to Charade Date is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Charade Date. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Charade Date account, which you may not be able to opt-out from receiving.

 

5. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Charade Date account. Charade Date cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

6. Content on the Services.

 

(a)               You acknowledge that Charade Date has no control over, and no duty to take any action regarding the following: (i) which users gains access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.

 

(b)              All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Charade Date is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated.

 

(c)                We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Charade Date be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

 

(d)              Charade Date has the right, but not the obligation, to remove Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. Charade Date also has the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content.

 

7. Prohibited Use.

 

(a)               We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames without liability to you.  We also reserve the right to retrieve and review communications between all Charade Date users.  As a normal course of business, we do not review chats, but if we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary.  Additionally, we reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

 

(b)              You are prohibited from posting Content that:

 

i.                        Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

 

i.                        Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

 

ii.                        Is a direct and specific threat of violence to others;

 

iii.                        Is in furtherance of illegal activities;

 

iv.                        Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or

 

v.                        Is pornographic, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

 

(c)               Furthermore, you may not submit or publish Content that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of Charade Date with respect to their Content. You agree not to circumvent, disable or otherwise interfere with the security related features of the Charade Date or features that prevent or restrict the use of any content thereof.

 

(d)              We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Charade Date, its users and the public. Charade Date does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

 

(e)               You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Charade Date’s computer systems, or the technical delivery systems of Charade Date’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Charade Date (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Charade Date (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

 

8. User Submissions.

 

(a)               Subject to the license granted below, any Content communicated, uploaded or posted to the Service belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

 

(b)              When you upload, communicate or submit Content on or through the Services, you grant Charade Date a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Service. In addition to the right to publish, you also grant Charade Date, under said license, the following rights, without limitation: (i) the right to reproduce or copy or create derivative works thereof; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media; and (vi) the right to use or incorporate all or any part of the Content in any other of Our products or services. By posting Content, you hereby waive any and all rights to be compensated by Charade Date for such Content.

 

(c)               The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:

 

i.                        The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Your use of the Content.

 

ii.                        You understand that disclosure of Content does not establish a confidential relationship or obligate Charade Date to treat your Content (or any related materials) as secret or confidential.

 

iii.                        You hereby irrevocably release and forever discharge Charade Date and Our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how Charade Date and its affiliates and subsidiaries, directly or indirectly, use the Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

 

9. Copyright Ownership, and Data Security.

 

(a)               Charade Date owns intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service owned by Charade Date.

 

(b)              The Company is not liable for any damages or losses resulting from the Service posting or rebroadcasting the Content in any way including, but not limited to posting content THROUGH THE CHARADE DATE APP.

 

(c)               Charade Date respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to Charade Date’s copyright agent:

 

i.                        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

ii.                        A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

iii.                        A description of where the material that you claim is infringing is located on the site;

 

iv.                        Your address, telephone number, and email address;

 

v.                        A 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;

 

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 or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

 

(d)              Charade Date’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: legal@charadedate.com.

 

10. Termination.

 

(a)               This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time.  Charade Date may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Charade Date may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement or the Privacy Policy.

 

(b)              Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

11. Disclaimers. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, CHARADE DATE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. CHARADE DATE DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND ACCOUNT HOLDER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.

 

12. Limitations on Liability.

 

(a)               WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

(b)              TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE IDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL EITHER PARTY’S OR ITS AFFILIATES’ TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY ACCOUNT HOLDER TO CHARADE DATE HEREUNDER.

 

13. Services Available “AS-IS.”

 

(a)               Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, CHARADE DATE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

(b)              Charade Date makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Charade Date or through the Services will create any warranty not expressly made herein.

 

14. Miscellaneous.

 

(a)               Charade Date’s failure to enforce or exercise a right provided in these terms is not a waiver of that right.

 

(b)              Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

 

(c)               This Terms of Service constitutes the entire agreement between you and Charade Date and supersedes any and all previous agreements, written or oral, between you and Charade Date, including previous versions of the Terms of Service.

 

(d)              We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.

 

(e)               These Terms create an agreement between Us and you. They do not create any third-party beneficiary rights.

 

(f)                Waiver of any remedy for a breach of these Terms does not prevent Us from taking action in the future.

 

(g)               The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms.