TERMS OF SERVICE
Last updated on September 15, 2016
You must be at least 13 years old to access or use the Service. By accessing or using the Service, you represent and warrant that you (i) are at least 13 years old; and (ii) have not been convicted of any felony and are not required to register as a sex offender with any government entity. Rules are rules.
Use of Service
1. Account Creation and Security. In order to use the Application, you must sign in using your Facebook account. Upon signing in, you authorize the Company to access and use certain Facebook account information made available on your public Facebook profile, including but not limited to your name, age, gender, profile pictures, and Facebook friends lists. You are responsible for maintaining the security of your account, including maintaining the confidentiality of your username and password. You agree to notify the Company immediately of any unauthorized use of your account at email@example.com
. The Company is not responsible for loss or damage arising from any unauthorized use of your account.
2. Exclusive Use. You agree to use the Service for personal use only and not in connection with any commercial endeavors, including but not limited to advertising and solicitation. You can’t buy me love.
3. Termination. The Company reserves the right, in its sole discretion, to terminate or suspend your account for any reason without notice or explanation. Upon termination or suspension, you agree that any unused fees paid to the Company for in-app purchases are non-refundable.
4. Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF ITS USERS BUT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. The Company is not responsible for the conduct of any user. You agree to take all necessary precautions, especially if you choose to meet in person or communicate off the Service. Simply put, be smart and make good choices.
1. License to User Content. By accessing and using the Service, you grant the Company a worldwide, non-exclusive, perpetual, sub-licensable, and transferable license to use, reproduce, and distribute your posted content and information.
2. Liability. You are solely responsible and assume all liability for the content and information that you post, disclose, transmit or otherwise make available on the Service, including but not limited to videos, photos, text messages, and profile information. You agree the Company is not responsible for any liability resulting from posted content or information, or any damage or harm that may result therefrom.
3. Prohibited Content. The Company reserves the right to investigate and take appropriate legal action, including reporting a user to law enforcement authorities and terminating or suspending a user from the Service, against anyone who, in its sole discretion, posts or transmits any inappropriate or offensive content. Inappropriate or offensive content includes, but is not limited to, content that:
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another user or third party;
- contains nudity, sexually suggestive imagery, pornography, violence or offensive subject matter, or solicits personal information from anyone under 18 years of age or otherwise harms minors in any way;
- 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) or otherwise violates anyone’s right of privacy or publicity;
- constitutes or promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- may infringe or violate any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any party;
- constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, "junk mail," "chain letters," "spamming," or similar activities;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons or drugs, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits money from or intends to defraud other users;
- contains viruses, time bombs, trojan horses, cancelbots, spyware, worms or other harmful, or disruptive codes, components or devices;
- is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity; and
- you do not have a right to make available under any law or under contractual or fiduciary relationships.
Long story short, do the right thing and we’ll all have a good time.
4. Disclosure. You acknowledge and agree that the Company may disclose your account content and information if we believe disclosure is reasonably necessary to: (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend the rights or property of the Company or a third party; or (iii) protect someone’s health or safety.
You are solely responsible for compliance with all laws, regulations and ordinances in connection with your use of the Service. The Company reserves the right to investigate and take appropriate legal action, including reporting a user to law enforcement authorities and terminating or suspending a user from the Service, against anyone who, in its sole discretion, engages in prohibited activity. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- impersonating or attempting to impersonate another user, person, or entity;
- using the account of another user at any time or disclosing your username and password to any third party or permitting any third party to access your account;
- advertising to, or solicitation of, any user to buy or sell any products or services;
- soliciting money from any user;
- circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Service;
- activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy, limit or compromise the functionality and/or security of the Service or the servers or networks connected to the Service;
- any automated use of the Service
- damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with another party's use and enjoyment of the Service;
- collecting or harvesting information about other users (including usernames and/or email addresses) for any purpose;
- engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information from the Service;
- attempting to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Service
- posting inappropriate or offensive content as defined herein.
Again, just do the right thing and we’ll all get along fine.
Proprietary Rights and Copyright Policy
The Company owns and hereby retains all proprietary rights in the Service, including copyrighted material, trademarks and other proprietary information. Unless given prior written consent by the Company, or if not owned by the Company, the owner of such proprietary rights, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary information. If you believe in good faith that your proprietary information has been posted in a way that constitutes copyright infringement, please send notice of the alleged infringement to firstname.lastname@example.org
. In accordance with the Digital Millennium Copyright Act, notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of where the material that is claimed to be infringing is located;
4. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you 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;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spin the Bottle may offer additional in-app features, which may be unlocked by earning or purchasing Virtual Currency (e.g., coins) with "real world" money. All purchases made are subject to these terms and the terms of your application platform. ALL IN-APP PURCHASES ARE NON-REFUNDABLE, AND YOU WILL NOT BE COMPENSATED FOR ANY UNUSED VIRTUAL CURRENCY WHEN AN ACCOUNT IS VOLUNTARILY OR INVOLUNTARILY TERMINATED.
The Company reserves the right to change, suspend or discontinue the Service, either permanently or temporarily, at any time with or without notice. The Company is not responsible for any liability resulting from such change, suspension, or discontinuance of the Service. You will not be compensated for any discontinued elements of the Service or for any unused virtual currency.
Disclaimer of Warranty
1. No Warranties. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT (1) THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR VIRUS-FREE; OR (2) THAT ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
2. Third Party Materials. By using the Service you may encounter content, data, products or services from third parties. The Service may contain links to third party websites, applications, or resources. You acknowledge and agree that the Company is not liable for any damage or loss resulting from third party content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECTNESS OF ANY THIRD PARTY CONTENT OR INFORMATION; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL OR DATA, OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S LIABILITY EXCEED ANY AMOUNT PAID BY YOU, IF ANY, TO THE COMPANY FOR THE SERVICE.
You hereby agree to indemnify, defend and hold harmless the Company and all respective officers, directors, shareholders, and employees from any loss, damage, claim or liability (including legal fees or expenses) arising out of or in connection with any use of the Service, violation of this Agreement, or violation of any applicable laws or regulations.
This Agreement contains the entire agreement between you and the Company with respect to your use of the Service, superseding any prior agreements between you and the Company. Any claim or controversy arising out of this Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. The parties agree that any disputes arising under or relating to this Agreement may be commenced only in the courts located in New Castle County, Delaware. The Company’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found invalid or unenforceable, any remaining provisions shall continue in full force and effect.
The Company reserves the right to change this Agreement at any time.
Last updated on September 15, 2016
Information we may collect
1. Information you provide. In order to register with the Service, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, including your name, location, email address, gender, birthday, interests, likes, relationship status, education history, work history, photos, friend lists, and the names and profile pictures of your Facebook friends who are common Facebook friends with other users of the Service. We may collect other information that you choose to submit through the Application, including:
- Billing and payment information;
- Name, e-mail address and mobile telephone number;
- Any information provided in your profile;
- Information about your spin preferences, including distance, age range and gender; and
- Information transmitted through video, audio, or text message.
2. Information collected automatically. When you use the Service, we may automatically collect certain technical information about your computer or mobile device, such as your IP address, device type and ID, browser type and language, and operating system. We may also collect information about the length and extent of your usage, as well as use GPS technology (or other similar technology) to determine your mobile device's geographic location.
3. Cookies and Other Technologies. We may use "cookies" (small files placed on your computer's hard drive) and similar technology to collect and store information about your activity on our Service. Cookies help improve our Service by allowing us to analyze web traffic and trends. If cookies are disabled, this may prevent you from taking full advantage of our Service.
How we may use information
We may use personal information that we collect to:
- facilitate and improve our Service and provide a better experience;
- provide customer support;
- communicate with you regarding the Service, including for marketing purposes;
- identify and analyze usage trends; and
- enforce our Terms of Service.
How we may disclose information
Your personal information may be disclosed:
- with your permission;
- to third-party vendors and service providers;
- to display your profile to other users;
- to comply with legal process and requests from public or government authorities;
- in connection with a business transaction, such as a corporate sale, merger, or acquisition; and
- to protect our rights and enforce our Terms of Service.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the security of information we process and maintain. Please be aware that, although we take steps to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. If you believe that your account is no longer secure, please notify us immediately at email@example.com
We do not allow persons under 13 to use our Service and we do not knowingly solicit data from or market to children under 13. If you believe your child has provided us with personal information without your consent, please notify us immediately at firstname.lastname@example.org
. Should we learn or be notified that we have collected personal information of a child under 13, we will promptly delete such information.