TERMS OF USE
Last revised on 02/03/2018
By creating a Hushhh! account or by using the Hushhh! app whether through a mobile device, mobile application (collectively, the “Service”) you agree to be bound by these Terms of Use between you, a User, and Hushhh! .(“Hushhh!”, “Company”, or “Us”) under which you may use this platform and the associated services offered through this app or application (together the “Service” or the “Services”). Please read this Agreement carefully before you start to use the Services. BY CLICKING “I ACCEPT,” OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. If you are not eligible, or do not agree to this Agreement, then you do not have our permission to use the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Platform, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
This Agreement provides that all disputes between you and Hushhh! App will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 21 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Hushhh! App.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
INFORMATION WE COLLECT
We may collect Personal Information, including Sensitive Data, and other information. “Personal Information” means individually identifiable information that would allow us to determine the actual identity of, and contact, a specific living person. Sensitive Data includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your ethnic origin, nationality, religion and/or sexual orientation. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws. We may also collect your geolocation information with your consent. We may collect this information through a mobile application. By using the Service, you are authorizing us to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in the United States and countries around the world.
In order to register as a user with Hushhh!, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other Hushhh! users. You will also be asked to allow Hushhh! to collect your location information from your device when you download or use the Service. In addition, we may collect and store any personal information you provide while using our Service or in some other manner. This may include identifying information, such as your name, email address and telephone number. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other Hushhh! Users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT; ELIGIBILITY.
Electronic Agreement. This Agreement is a binding agreement between you and the Company. You accept this Agreement each time you access the Service. If you do not accept this Agreement, then do not use the Service. This Agreement may be modified by Us from time to time, such modifications to be effective upon posting by Us on the Service; provided that we will endeavor to give you prior notice of any material modifications. Notwithstanding the foregoing, no revisions to this Agreement will apply to any dispute between you and us that arose prior to the date of such revision. By accessing the Service, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
You acknowledge and agree that Users of Hushhh! App may be part of an online community that includes other apps owned by the Company or its affiliates (“Affiliate apps”). Therefore, with your consent, we may use your profile on the apps to populate registration and profile information on the Affiliate apps. By using the Service, you consent to receiving electronic communications initiated from Us regarding your account, security, privacy, and administrative issues. If we learn of a security system’s breach, then we may attempt to notify you electronically by posting a notice on the Platform or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected]
2. ELIGIBILITY.
You must be at least 18 years of age to create an account on Hushhh! and use the Service. By creating an account and using the Service, you represent and warrant that:
Membership on the Platform is void where prohibited by law. By using the Service, you represent and warrant that 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. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately.
3. YOUR ACCOUNT
In order to use Hushhh!, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about your Facebook account.
Accounts. You may become a User of the Platform at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. If you register with the Platform and create a profile, then you are a “Member/User.”
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Hushhh!, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact [email protected]
When registering, you are prohibited from selecting or using as a username: (i) a name of another person with the intent to impersonate that person; (ii) a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar, or obscene. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username and give such username to another User of the Platform in our sole discretion, and without any liability to you. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
4. TERM OF SERVICE.
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason, by contacting our Support Team online. We may cancel or suspend your use of our Services at any time, without cause and without notice. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. We reserve the right to take further action for our loss or the potential loss of other Users or third parties when necessary due to your breach of this Agreement, in our sole discretion.
You may terminate your account at any time, for any reason. Hushhh! may terminate your account at any time without notice if it believes that you have violated this Agreement.
5. NON-COMMERCIAL USE BY USERS.
The app is for personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Platform for any purpose.
6. ACCOUNT SECURITY.
You are responsible for maintaining the confidentiality of your Facebook credentials that you designate during the login process, and you are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hushhh! will not be liable for any loss or damage arising from your failure to comply with this provision. You should 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. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the app may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity.
7. INTERACTIONS WITH OTHER MEMBERS.
Hushhh! strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow instructions listed below:
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE PLATFORM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL MEMBERS. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF Users OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ABILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL DOCUMENTATION. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Hushhh! App of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service, especially when providing personal information to other Users. Hushhh! App makes no representations or warranties as to the conduct of Users. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE Hushhh! MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS PLATFORM OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER OR SENDING MONEY TO ANY USER. ALL USERS OF THE PLATFORM HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE PLATFORM AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE PLATFORM AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE. IN ADDITION, YOU AGREE TO REVIEW ’S SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER Users AND WE DISCLAIM ALL LIABILITY ASSOCIATED WITH THE FOREGOING.
c. WE CLAIM IMMUNITY FROM LIABILITY TO THE FULLEST EXTENT UNDER THE LAW AND FOR CONTENTS AND SERVICES PROVIDED BY THIRD-PARTY AGENCIES THAT THE PLATFORM COOPERATES WITH AND NOTHING IN THIS AGREEMENT IS INTENDED TO WAIVE, REMOVE OR USURP SUCH IMMUNITY. WE ASSUME NO RESPONSIBILITY FOR THE PRIVACY PRACTICES OF ANY THIRD-PARTY AGENCIES THAT WE COOPERATE WITH. WE DO NOT DETERMINE WHICH INFORMATION WILL BE COLLECTED BY THAT THIRD PARTY FOR PURPOSES UNRELATED TO THE SERVICES OF THE SERVICE.
d. To the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Platform at your own risk.
e. Third-Party apps. The Platform may include links to third party apps and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other apps or applications. You assume all risk and we disclaim all liability arising from your use of them.
f. We make no promises and disclaim all liability of specific results from the use of the Service.
g. The Platform may ask you to view other Users' photos or ask other Users to view your photo.
h. The Platform may send you the notification of other Users asking to visit your profile (via the app).
i. The Platform will automatically pull your name and your city to display on your profile.
j. The Platform is not taking any responsibility for the actions listed in this paragraph. If you do not agree with them, fully or partially, PLEASE LEAVE THE PLATFORM IMMEDIATELY.
From time to time, we may remove the profiles of our Users without any explanations or notifications. A User profile may remain posted on the app even if that User is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not be able to use the Platform to communicate with that User if he or she is not then actively using the Service.
8. CONTENT ON
a. Proprietary Rights. Hushhh! App owns, licenses, or otherwise retains all proprietary rights in the Service. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for the protection of the same of Hushhh! App and its licensors. The Platform contains the copyrighted material, trademarks, and other proprietary information of Hushhh! App, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Hushhh! App, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Hushhh! App does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the app. To the fullest extent permitted by law, under no circumstances will Hushhh! App or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Platform or transmitted to or by any Members.
9. CONTENT POSTED BY YOU ON THE PLATFORM
a. You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Users (“User Content”). You will not send a message on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other User. If information provided to Hushhh! App, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Hushhh! App of such change.
b. You understand and agree that we reserve the right, but have no obligation, to monitor the information or content that is being submitting to the Services or messaging Users in the public areas of the Services. We have the right but have no obligation to remove any such information or content with no explanations and notifications.
c. By posting User Content to Hushhh! App, you automatically grant, and you represent and warrant that you have the right to grant, to Hushhh! App, its affiliates, licensees and successors, an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for the sole purpose of providing the Platform to you. You further represent and warrant that public posting and use of your User Content by Hushhh! App will not infringe or violate the rights of any third party. Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity while you are a Member. If you do not wish us to do this, please contact us. Full details on how we use your information are contained within our Privacy Policy.
d. You hereby release, discharge and agree to hold Hushhh! App harmless to the full extent you may lawfully do so, from any causes of action in law or equity you may have or may hereafter acquire against Hushhh! App or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Hushhh! App or its affiliates of your User Content.
e. The following is a list of the kind of User Content that is illegal or prohibited on the app; provided that Hushhh! App may remove any User Content for any reason. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Platform and terminating the membership of such violators. It includes, but is not limited to, User Content that: (i) is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; (ii) promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files by exchange of messages; (iv) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (v) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (vi) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (vii) has features of porno or adult content, including, but not limited, content that represent sexual act, naked genitals etc.
f. Your use of the Service, including but not limited to your User Content, must be in accordance with any and all applicable laws and regulations.
g. You may not publish false or inaccurate information in your profile. You may not create duplicate profiles. Hushhh! App reserves the right to terminate the membership and deactivate the profile of any User violating this provision.
h. You may not engage in advertising to, or solicitation of, other Users. You may not transmit any chain letters or junk email to other Users. Although Hushhh! App cannot monitor the conduct of its Users off the app, it is also a violation of these rules to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
i. To ensure the quality of the Services, your phone call or live chat through the app may be recorded on our database.
j. All information you include in your User profile must be accurate, current and complete. You will be honest in your communication and interactions with other members. You should not conceal from those whom you correspond information regarding infectious, incurable diseases, physical or psychological handicap/disabilities you may have or may believe that you have or any other adverse elements that may be deemed by some to be unsuitable for relationships.
k. When using particular services on the Service, you shall be subject to any posted policies or procedural rules applicable to such Services, which may be posted and modified from time to time. All such policies or procedural rules are hereby incorporated into this Agreement.
10. PROHIBITED ACTIVITIES.
Hushhh! App reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. It includes, but is not limited to, the partial list of community rules below of the type of actions that you may not engage in with respect to the Service:
Community Rules:
By using the Services, you agree that you will not:
a. You will not “stalk” or otherwise harass any person.
b. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
c. You will not post a message with the intention to distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
d. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
e. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
f. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You will not make illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of other Users posted on the Platform by any means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Service. Appropriate legal action will be taken on our side, including without limitation, civil, criminal and injunctive redress.
h. You will not “frame” or “mirror” any part of the Platform or the app, without Hushhh! App prior written authorization. You also shall not use meta-tags or code or other devices containing any reference to Hushhh! App or the Platform or the site in order to direct any person to any other website for any purpose.
i. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform or cause others to do so.
j. You will not message any pornographic materials.
k. You will not attempt to interfere with, harm, steal from, or gain unauthorized access to the Service, User accounts, or the technology and equipment supporting the Service.
l. You will not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity.
m. You will not disclose personal information about another person or harass, abuse, or post objectionable material.
n. You will not post advertising or marketing links or content, except as specifically allowed by this Agreement.
o. You will not use the Platform in an unlawful or illegal way or commit an illegal act in relation to the Platform or that otherwise results in fines, penalties, and other liability to Hushhh! App or others, including, without limitation, all laws associated with international money transfers.
p. You will not access the Platform from a jurisdiction where it is illegal or unauthorized.
q. You will not collect Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
r. You will not create any databases, apps, software, legal entities and/or services competitive with the app.
s. You will not access or use (or attempt to access or use) the Platform in any way that violates this Agreement.
11. CUSTOMER PLATFORM
a. Hushhh! App provides assistance and guidance through its customer care representatives. We may, from time to time, create profiles which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile.
b. By providing your mobile number to us, you consent to receive text messages at that number as requested for account verification, message notifications, and other purposes related to the Service. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for those charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is outside our control and is the responsibility of the cellular telephone operator or other networks. Notwithstanding the foregoing, we will use your mobile number in accordance with our Privacy Policy.
c. By providing your phone number, you consent to receive autodialed or prerecorded calls from us at the phone number that you have provided to us or that we have otherwise obtained to: (i) facilitate conversations between you and other Users; or (ii) otherwise provide our services or enforce this Agreement. You are not required to provide your consent to these calls as a condition of purchase on the Service. Standard telephone minute charges may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.
d. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. 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 membership and you will not be entitled to any refund of unused subscription fees.
12. MODIFICATIONS TO SERVICE.
Hushhh! App reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Hushhh! App shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. BLOCKING OF IP ADDRESSES.
In order to protect the integrity of the Service, Hushhh! App reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the app.
14. COPYRIGHT POLICY.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
a. Overview and Repeat Infringer Policy. Hushhh! App respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask you to do the same. Infringing activity will not be tolerated on or through the Service. Our intellectual property policy is to (i) remove or disable access to material that we believe in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available on or through the Service; and (ii) remove any User Content uploaded to the Platform by “repeat infringers.” Hushhh! App considers a “repeat infringer” to be any User that has uploaded User Content to or through the Platform and about whom Hushhh! App has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 (or other equivalent notices under applicable law) with respect to such User Content. Hushhh! App has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Hushhh! App’s own determination.
b. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Platform has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the designated agent identified below. Hushhh! App may share your Notification of Claimed Infringement with the User alleged to have infringed a right you own or control, and you consent to Hushhh! App making such disclosure. Your communication must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the material(s) that has/have been allegedly infringed; Identification of the material allegedly being infringed, or, if multiple materials are covered by a single notification, then a representative list of such works; Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hushhh! App to locate the material on the Service; Information reasonably sufficient to permit Hushhh! App to contact you, such as your name, address, telephone number, and email address; 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; and 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.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 or other applicable law regarding copyright infringement to confirm your obligations to provide a valid notice of claimed infringement.
c. Designated Agent Contact Information. Hushhh! App’s designated agent for receipt of Notifications of Claimed Infringement can be contacted at: Via E-mail: [email protected]
d. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of Hushhh! App relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
Hushhh! App reserves the right to seek damages from any party that submits a false notification in violation of the law.
15. User DISPUTES.
We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Hushhh! App of all claims, demands, and damages in disputes among Users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. Hushhh! App makes no representations or warranties as to the conduct of Users.
16. PRIVACY.
Use of the app and/or the Service is also governed by our Privacy Policy.
17. ADDITIONAL DISCLAIMERS.
a. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (iii) ANY MATERIAL OBTAINED THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
b. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Platform is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Hushhh! App makes no representations or warranties and, to the fullest extent permitted by law, expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. LIMITATION ON LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO AND USD $100.
19. INDEMNITY BY YOU.
To the fullest extent permitted by law, you agree to indemnify and hold Hushhh! App, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
20. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
21. DISPUTE RESOLUTION; ARBITRATION
a. Any possible disputes concerning this Agreement that may arise between the User and the Administration will be settled in accordance with current Santa Clara County law. It is mandatory to take disputes to a pre-trial complaints procedure first. The period for responding to a complaint is 10 (ten) working days from the date of its receipt. If the dispute cannot be resolved by means of discussions, it will be settled in a court local to the Administration.
22. GOVERNING LAW
Santa Clara County law
23. OTHER AND AMENDMENTS.
This Agreement contains the entire agreement between you and Hushhh! App regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by Hushhh! App at any time. If you are a non-subscribing User at the time of any change, the revised terms will be effective upon posting on the Platform and your use of the Platform after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing User at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 3. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Platform after your termination will constitute re-acceptance by you of the Agreement.
The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hushhh! App as a result of this Agreement or use of the Service.
24. Notice Regarding Apple.
If you are using our mobile applications on an iOS device, the terms of this Section 24 apply. You acknowledge that this Agreement is between you and Hushhh! App only, not with Apple, and Apple is not responsible for the Platform or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Platform or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of Section 24 of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 24 of this Agreement against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Please contact us with any questions regarding this agreement.