Terms and Conditions of Use
NeverMissed, Inc. (the “Company”) provides a mobile digital meeting opportunity through a mobile application (the “App”) and governs use of this app made available through the Apple App Store. By installing the App, you agree to be bound by these Terms and Conditions for any and all use of the App and understand that there is no tolerance for objectionable content. If you do not agree with these Terms and Conditions, you are not entitled to use the App.
In order to ensure the App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content.
This Agreement is between you and the App only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of these Terms and Conditions and Apple has the right to enforce these Terms and Conditions against you. The Company, not Apple, is solely responsible for the App and its content.
The Company may collect and use information about your usage of the App, including certain types of information from and about your device. The Company may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the App. You acknowledge and agree that the Company may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the Company’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
3. Limited License
The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the App, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; and (b) your use of the App does not violate any applicable law or regulation. Your access to the the App may be terminated without warning if the Company believes, in its sole discretion, that you are under the age of 18 years. By signing into the App, you represent and warrant that you are at least 18 years old.
5. Objectionable Content Policy
Content may not be submitted to another user, to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Other Users
You are solely responsible for your interactions with other users. You understand that the Company currently does not conduct criminal background checks or screenings on its users. The Company also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. The Company makes no representations or warranties as to the conduct of users. The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or 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 Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the App. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
The Company makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that the Company makes no guarantees, either explicit or implied, regarding your ultimate compatibility with individuals you meet through the App or as to the conduct of such individuals.
You may register for and use most of the App’s functions at no cost; however, to message another user, one of you must be a subscriber or one of you must pay for the opportunity to communicate with each other. You acknowledge and agree that if you are not a subscriber, you may not be able to communicate with other users after having received notice of being matched with another user.
9. Limitations of Liability
In no event will the Company be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if the Company knows or has been advised of the possibility of such damages.
The Company disclaims all warranties about the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, the App, not Apple, shall be solely responsible for such warranty.
11. Product Claims
The Company, not Apple, is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in these Terms and Conditions shall be deemed an admission that you may have such claims.
12. Third Party Intellectual Property Claims
The Company shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the App. To the extent the Company is required to provide indemnification by applicable law, the Company, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right.
13. Use Only in the United States
The App is intended for use in the United States. You will only use the App in a manner consistent with these Terms and Conditions and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the App are void where prohibited. To the extent that the App is not legal in your jurisdiction, you may not use the App. The App may not be used where prohibited by law.
These Terms and Conditions remain in full force and effect for the entire duration of your use of the App. If you are a subscriber, you may terminate your subscription at any time. You will still enjoy subscription benefits until the end of your existing subscription period, and you will not be entitled to a refund of any portion of subscription fees already paid. The Company may terminate your subscription or ability to use the App at any time without noticed if The Company has determined, in its sole discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the App, (b) any messages or postings sent by you, © your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. 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 asserting any available defenses.
16. Applicable Law
You agree that Virginia law (without giving effect to its conflicts of law principles) will govern this Agreement, the App and that any dispute arising out of or relating to these Terms and Conditions or the App will be subject to the exclusive jurisdiction and venue of the federal and state courts in Richmond, Virginia. You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of these Terms and Conditions.