2. CHANGES. We may change the Agreement from time to time for a number of reasons. We will let you know what the changes are by notifying you on the Service or by email. If you do not agree to the changes, you should no longer use the Service. The changes will become part of the binding agreement between you and us. If you use the Service after the changes have been made, you will be deemed to have accepted the changes.
3. ELIGIBILITY. You must be at least 13years of age to create an Account or use the Service. If you are under the age of 18, you represent and warrant to us that you have obtained the consents from your parents or guardians required by Facebook to open your Facebook account. If you have been convicted of a felony or are required to register as a sex offender with any sex offender registry, you cannot open an Account or use the Service.
4. CREATING AN ACCOUNT. To open an Account, you sign in using your Facebook login. This authorizes us to use the information in your Facebook account to create and complete your profile on the Service. If you do not have a Facebook account, you will need to open one. You are solely responsible for maintaining the confidentiality of your Facebook login credentials and agree to notify us immediately if the security of those credentials has been breached in any way. You may also elect to add further information to your profile by linking in your personal information from your accounts with Google, Linked-In, Instagram, Twitter and Tinder (“Other Social Media Networks”). You represent and warrant that all information you provide to us when you create your Account (including, all information from your Facebook account or Other Social Media Networks) is correct and you will notify us immediately of any changes to such information.
5. YOUR CONTACT LIST. When you open an Account and install the Service on your smartphone device, the Service, with your consent, will have access to the information about your contacts contained in your address book on this device (“Contacts”). This information (“Contacts Information”) will include all the information in your address book, including the names, phone numbers and email addresses of your Contacts. We will upload and store this this Contacts Information on our servers. You confirm that the Contacts Information is, to the best of your knowledge, correct and that you have the right to grant the Service the rights to access, upload, store and use such Information. You also confirm that none of your Contacts are under the age of 13 (and will immediately notify us if any Contacts are under the age of 13) and that the Contacts Information does not include any financial information (such as credit card and bank account numbers), any passwords, Social Security numbers or any information that may be private and subject to restrictions on public disclosure. You have the right for any reason not to grant the Service access to such Contacts Information by opting out of this feature when you register or at any time subsequently by following the instructions in the Service’s “Settings.”
6. USE OF CONTACTS INFORMATION. The Service will use Contacts Information to enhance its functionalities. It will notify you about your Contacts who are already registered users with Legitifi. The Service will also use Contacts Information to respond to inquires from users of the Service who are searching for names matching a phone number they already have. If the user only has a name and is searching for additional information, the Service will only supply the city and State information matching that name. If you request and receive any Contacts Information from the Service regarding one or more Contacts, you agree, as a condition to obtaining such Contacts Information, that such Contacts for purposes of this Agreement shall be deemed to be users of the Service and you shall comply with all obligations under this Agreement with respect to such Contacts and their related Contacts Information as though they were users and you shall assume all risks associated with any communications or dealings you may have with such Contacts.
7. TERM AND TERMINATION. This Agreement will continue as long as you use the Service or have an Account. You may terminate your Account at any time, for any reason, by following the instructions in “Settings” on the Service. The Company may terminate or suspend your Account in its sole discretion at any time without notice if the Company believes that you have breached this Agreement. Sections 8 through 12, 14, 15 and 20 through 30 will however survive after the Agreement terminates.
8. FOR PERSONAL USE ONLY. The Service is for your personal use only. Users may not use the Service or any content contained on the Service in connection with any commercial activities. Users of the Service may not contact any other user to sell products or services. Other businesses may not use the Service for any purpose except with the Company’s prior consent (such as for advertising or promotions).
9. YOU ARE RESPONSIBLE FOR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OTHER THAN THE SEX OFFENDERS REGISTRIES. THE COMPANY ALSO DOES NOT VERIFY THE STATEMENTS AND INFORMATION SUPPLIED BY ITS USERS FROM FACEBOOK OR OTHER SOCIAL MEDIA NETWORKS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
10. COMPANY NOT RESPONSIBLE FOR CONDUCT OF USERS. The Company is not responsible for the conduct of any user of the Service. As noted in and without limiting Sections 21 through 23 below, in no event shall the Company, its members, officers, employees or agents be liable for any losses or damages or any kind (including, without limitation, physical or mental injury or loss of money or other property). You assume all the related risks if you meet with, or otherwise have any interactions with, another Service user and are solely responsible for any consequences from any information you give another Service user (including financial information).
11. PROPRIETARY RIGHTS. The Company owns proprietary rights in the Service and in the related copyrights, trademarks and other intellectual property (collectively “the Legitifi Materials”). In addition, the Service may also contain content and related intellectual property rights belong to third parties (“Third Party Materials”). You agree not to use, reproduce or transmit in any way, or modify the Legitifi Materials or the Third Party Materials (or any related proprietary notices) without first obtaining the prior written consent of the Company or such third party.
12. YOU ARE RESPONSIBLE FOR YOUR CONTENT. You are solely responsible for the content and information that you make available to the Service in creating your profile or that you otherwise post on the Service or transmit to other users or make available to the Service as Contacts Information (collectively, “Content”). As more particularly described in Section 14, you may not post on the Service, or send by any means to any other user, any Content that is abusive, offensive, illegal or threatening or that violates the rights of any third party (including, without limitation, their intellectual property or privacy rights). You understand and agree that the Company has the right to delete any Content that it determines, in its sole discretion, infringes this Agreement or violates the rights of any third party.
13. LICENSE GRANTED TO COMPANY. By posting Content on the Service, you grant to the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to use, copy, reproduce and distribute that Content in connection with the services offered by the Service, including making it available to other Service users in accordance with the terms of this Agreement.
14. PROHIBITED CONTENT AND ACTIVITIES. You are prohibited from posting on the Service any Content (or engaging in any related activities outside of the Service using or related to such Content) that:
• Is misleading or inaccurate, including, in particular, any such information about you or another Service user;
• Promotes or advocates racism, bigotry, violence, harm or abuse to another person or group, or involves or supports illegal solicitations or activities of any kind or is pornographic;
• Solicits any Service users for money;
• Defames another person or entity or violates any rights of another person or entity, including, any rights of privacy or copyright, trademark or other intellectual property rights (such as such rights to photos, literary works, videos or images);
• Contains any computer viruses or other computer codes or software designed to disrupt the operations of the Service;
• Contains information that would otherwise violate any of the terms of this Agreement, any laws or regulations or the rights of third parties.
The Company reserves the right, in its sole discretion, to take down any such prohibited Content and to terminate the Agreement.
15. COMPLIANCE WITH APPLICABLE LAW. Your use of the Service, including all Content you post on the Service, must comply with all applicable laws and regulations. The Company has the right to disclose your Content in accordance with appropriate legal procedures to assure compliance.
16. ACCESS TO CONTENT BY OTHER USERS. You agree that any Content you place on the Service may be viewed by other Service users and may be viewed by any person visiting or participating in the Service.
17. RIGHT OF COMPANY TO TERMINATE ACCOUNT. The Company has the right to investigate and terminate your Account if you have breached this Agreement, or behaved in a way the Company in its sole discretion regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve other Service users.
18. CUSTOMER SERVICE. The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your Account.
19. CHANGES TO THE SERVICE. The Company has the right to change or discontinue the Service at its discretion without any liability to the Service users.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. The Service users do not have the right to post or use on the Service any Content that violates the copyright, trademark or other intellectual property rights of another person. If you believe that your rights have been infringed by Content posted on the Service, please contact our Copyright Agent with the following information:
• Your name, address (including email) and telephone number and a copy of your signature;
• Information about of the copyrighted work allegedly infringed (title, description, author, date of publication);
• A description of how the infringement is occurring or occurred;
• A written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• 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.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at [email protected] or at 5655 Silver Creek Valley Road #200 San Jose, CA 95138
21. NO COMPANY LIABILITIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS IN USING THE SERVICE AND THAT THE COMPANY AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, IN CONNECTION WITH ANY: A) CONTENT POSTED ON THE SERVICE BY YOU OR ANY OTHER USER; B) THE CONDUCT OF ANY USER, ON OR OFF OF THE SERVICE; C) ANY TECHNICAL FAILURE IN THE TRANSMISSION OF THE SERVICE FOR WHATEVER REASON; D) ANY DAMAGE TO YOUR SMARTPHONE, TABLET, IPAD OR COMPUTER FROM DOWNLOADING ANY MATERIAL FROM THE SERVICE; E) ANY INFORMATION, STATEMENTS, OPINIONS, PROMOTIONS OR ADVERTISEMENTS FOR GOODS OR SERVICES (OR THE USE OF SUCH GOODS OR SERVICES) POSTED OR APPEARING ON THE SERVICE BY THIRD PARTIES OR ON THIRD PARTY WEBSITES OR APPS LINKED TO PROMOTIONS OF ADVERTISEMENTS.
22. NO WARRANITES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED ON THE SERVICE), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
23. NO CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24. EXCEPTIONS IN CERTAIN JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
25. BINDING ARBITRATION TO RESOLVE DISPUTES. Any dispute or claim arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules and procedures of the American Arbitration Association, except that you may bring an individual claim against the Company in a small-claims court of competent jurisdiction. YOU ARE WAIVING YOUR RIGHTS TO HAVE THE DISPUTE HEARD BY A JUDGE OR JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant the same relief as a court but in proceedings usually faster than trials. Decisions by the arbitrator are enforceable by a court. They may also be overturned by a court only for very limited reasons.
26. COURT ACTION TO ENFORCE ARBITRATION OR AWARD. You and the Company each has the right to bring a court action to enforce the use of arbitration under this Agreement or to confirm and enforce, set aside or modify any arbitration award. If for any reason the arbitration provisions in this Agreement are held to be unenforceable, you can bring an action against the Company only in the appropriate court in Santa Clara County California. You hereby consent to the exclusive jurisdiction of such courts.
27. GOVERNING LAW. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of California without regard to principles of conflicts of law, except that the Federal Arbitration Act shall govern the provisions dealing with required arbitration.
28. INDEMNIFICATION. You agree to indemnify and hold the Company, its members, officers, agents, and employees, harmless from any liabilities, damages and expenses (including reasonable attorney’s fees) arising from third party claims and actions based on a breach or alleged breach by you of this Agreement. The Company shall have the exclusive right to defend and/or settle such claim or action.
29. NOTICES FROM COMPANY. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings on the Service.
31. SEVERABILITY; WAIVER. If any provision of this Agreement is held void or unenforceable, it shall be modified to the minimum extent needed to make it enforceable, and the Agreement so modified Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and a waiver by the Company of any provision shall not be deemed a continuing waiver of such provision nor a waiver of any other provision.
32. NON-TRASFERABILITY. You agree that your Account is non-transferable and will terminate upon any voluntary or involuntary transfer.
33. RELATIONSHIP OF PARTIES. You and we are acting as independent contractors. No agency, partnership, joint venture or employment or other fiduciary relationship is created as a result of this Agreement.