Last modified: January 19, 2012
Acquaintable, Inc. ("Acquaintable" or “we”) welcomes you. Acquaintable provides the Acquaintable Services (as defined below) to you subject to the following Terms of Services ("TOS"). By accessing and using the Acquaintable Services, you accept and agree to be bound by the terms and provision of the TOS. The TOS is a legal agreement between you and Acquaintable and applies to you whether you are user of the Site and Acquaintable Services (defined below), a customer of Acquaintable Paid Services (defined below) or a visitor just browsing the Site (collectively, "Users"). The TOS limits Acquaintable's liability and obligations to you, grant us certain rights in your Content (defined below) and allows us to change, suspend or terminate your access to and use of the Site and Acquaintable Services. The TOS and the other policies posted on the Site or made available via the Acquaintable Services govern your access to and use of the Site and Acquaintable Services, including any content, information, products or services therein.
Acquaintable provides Users with an online platform to meet friends-of-friends through its network of properties which may be accessed through its website at www.acquaintable.com ("the Site"), through Facebook at http://apps.facebook.com/acquaintable/ and various medium or devices now known or hereafter developed (collectively, the "Acquaintable Services").
In order to access certain features of the Site and Acquaintable Services, you will have to create a Acquaintable account and become a "User." You must be 18 years of age or older to become a User. When you register with Acquaintable and set up your Acquaintable account, you agree that all information provided to Acquaintable upon registration and at all other times will be true, accurate, current and complete.
When you sign up to become a User, you may be asked to install the Acquaintable application through Facebook. You are entirely responsible for maintaining the confidentiality of your Facebook account and password. You agree to not use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Acquaintable immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you become a User you consent to the use of: (a) electronic means to complete these TOS and to provide you with any notices given pursuant to these TOS;(b) electronic records to store information related to these TOS or your use of the Site and Acquaintable Services; and (c) Acquaintable reserves the right to email you about important updates regarding your account and registration with Acquaintable as well as major product changes and updates.
Registration Data and certain other information about you are subject to Acquaintable's privacy policy ("Privacy Policy"). For more information, see the full Acquaintable Privacy Policy at http://www.acquaintable.com/privacy. You understand that through your use of the Acquaintable Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.
General. Acquaintable makes certain content available through the Site. "Acquaintable Materials" mean all materials originated by Acquaintable and otherwise made available through the Site and Acquaintable Services, including, without limitation, the Acquaintable logo, and all designs, text, data, graphics, other files, and the selection and arrangement thereof. Acquaintable and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Acquaintable Materials, and the trademarks, service marks and logos contained therein other than your Content. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Acquaintable Materials, Content or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Acquaintable Materials, Content (other than your Content).
Acquaintable Trademarks. The Acquaintable name and logo are trademarks of Acquaintable, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Acquaintable. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Acquaintable, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Acquaintable.
You understand that all information, listings, data, text, software, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, excluding Acquaintable Materials, are the sole responsibility of the person from which such Content originated. If you are submitting Content on behalf of one or more entities or persons ("third parties") then you confirm and warrant that you are authorized to act on behalf and bind such entity(s) or person to the TOS. You understand that by using Acquaintable Services, you may be exposed to Content that is offensive, indecent or objectionable.
You, or a third party licensor, as appropriate, retain any intellectual property rights in the Content you submit. By submitting Content on or through the Services, you grant Acquaintable, under those intellectual property rights, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to distribute, reproduce, modify, perform and display and otherwise use the Content in Acquaintable Services. By submitting Content, you authorize Acquaintable to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with the Acquaintable Services. Additionally, if you are a customer, you agree that we may use your name and logo to identify you as a Acquaintable customer on the Site and in Acquaintable marketing, corporate and promotional materials. Your Content may have been integrated into Acquaintable Services as improvements. This license is solely for the purpose of providing, promoting and improving Acquaintable Services.
You agree that you are responsible for your own conduct and Content while using Acquaintable Services and for any consequences thereof. You agree to use Acquaintable Services only for purposes that are legal, proper and in accordance with the TOS and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Acquaintable Services, you will not:
While Acquaintable prohibits such conduct and Content in connection with Acquaintable Services, you understand and agree that Acquaintable may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Acquaintable Services.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
By User: You may terminate your Acquaintable account at any time for any reason by uninstalling the application on Facebook, if applicable, or by sending us an e-mail (welcome@Acquaintable.com). After receipt of your termination notice, Acquaintable will terminate your account.
By Acquaintable: Acquaintable reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Acquaintable Services, or modify these TOS without advance notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Acquaintable Services, and if applicable, cancel your Acquaintable account. By continuing to access or use the Site and Acquaintable Services after Acquaintable makes any such revision, you agree to be bound by the revised TOS.
Without limiting other remedies, Acquaintable may immediately terminate or suspend your access to the Site and Acquaintable Services and remove any material (including Content) from the Site or our servers, in the event that you breach these TOS. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Acquaintable Services or your access thereto at any time and for any reason.
After any termination by you or Acquaintable: You understand and acknowledge that we will have no further obligation to provide the Acquaintable Services. Upon termination, all licenses and other rights granted to you by these TOS will immediately cease. Acquaintable is not liable to you or any third party for termination of the Acquaintable Services or termination of your use of the Acquaintable Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Acquaintable will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Acquaintable under these TOS (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
You agree to defend, indemnify, and hold Acquaintable, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Acquaintable Services, Acquaintable Materials and Content; (ii) your violation of the TOS; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE ACQUAINTABLE SERVICE, SITE, MATERIALS AND USER CONTENT IS AT YOUR SOLE RISK. THE ACQUAINTABLE SERVICE, SITE, ACQUAINTABLE MATERIALS AND USER CONTENT AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACQUAINTABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE ACQUAINTABLE SERVICE, SITE, ACQUAINTABLE MATERIALS AND USER CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ACQUAINTABLE MAKES NO WARRANTY THAT (i) THE SITE OR ACQUAINTABLE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND ACQUAINTABLE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ACQUAINTABLE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND ACQUAINTABLE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE AVAILABLE THROUGH THE SITE OR ACQUAINTABLE SERVICES WILL BE CORRECTED.
ANY DOWNLOADING OR USE OF ANY CONTENT OR MATERIAL VIA THE ACQUAINTABLE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACQUAINTABLE OR THROUGH OR FROM THE SITE OR ACQUAINTABLE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACQUAINTABLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACQUAINTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ACQUAINTABLE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL ACQUAINTABLE'S CUMULATIVE LIABILITY TO YOU EXCEED FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PAID SERVICE, IF ANY, OR US $100, WHICHEVER AMOUNT IS GREATER.
The TOS constitutes the entire agreement between you and Acquaintable and governs your use of the Services, superseding any prior agreements between you and Acquaintable. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Acquaintable Services, third-party Content or third-party software. You will not assign the TOS or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Acquaintable. Any purported assignment or delegation by you without the appropriate prior written consent of Acquaintable will be null and void. Acquaintable may assign the TOS or any rights hereunder without your consent. The TOS and the relationship between you and Acquaintable shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Acquaintable agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York. The failure of Acquaintable to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS or make any comments by emailing us at welcome@acquaintable.com. You agree, however, that: (i) by submitting unsolicited ideas to Acquaintable or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Acquaintable or any of its employees or representatives automatically become the property of Acquaintable. You hereby assign and agree to assign all rights, title and interest you have in such comments and ideas to Acquaintable together with all intellectual property rights therein.
If you have any questions about the TOS, please contact us at welcome@acquaintable.com
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