Welcome to DOWNTOMEET. DOWNTOMEET, LLC. ("DOWNTOMEET" or "we") operates DOWNTOMEET.com (the "Site” or “Platform” or “Service”).
DOWNTOMEET is a technology platform for creating and managing groups and events by group organizers.
Our goal is to provide you the best online experience.
1.1 What DOWNTOMEET does:
- We provide web site and service for group and event management by organizers under our DOWNTOMEET brand. Website, www.DOWNTOMEET.com and derivative sites (the "Site") and DOWNTOMEET software ("Software"), collectively called "DOWNTOMEET" or "Site” or “Platform” or “Service".
1.2 What you do:
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
The provisions of this Agreement will inure to the benefit of and be binding upon DOWNTOMEET and its service providers and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of DOWNTOMEET, which may be withheld in DOWNTOMEET's sole discretion. DOWNTOMEET and its service providers may assign this Agreement and their respective rights and obligations under this agreement without your consent.
Any rights not expressly granted by this Agreement are reserved to DOWNTOMEET.
Membership in the Service is void where prohibited. This Service is intended solely for users who are eighteen (18) years of age or older, and you must submit certain requested information to DOWNTOMEET including your correct email address. By using the Service you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Content and profile may be deleted and your Membership may be terminated without warning if DOWNTOMEET believes that you are under 18 years of age. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
3. THE DOWNTOMEET SERVICE
The Service consists of the features, products, functions, services, and content provided by DOWNTOMEET, as well as the features, products, functions, services, and content provided by third parties through the Site.
We might provide you with a copy of our DOWNTOMEET client software for use on your own mobile devices, which you are free to copy as many times as you like for your own personal use. DOWNTOMEET continually improves the DOWNTOMEET client software and the Site and you are entitled to those improvements for as long as you maintain your membership. As part of the service, DOWNTOMEET stores copies of your content on its computer servers and those of third party partners.
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and DOWNTOMEET is not liable to you for any temporary interruption in Services.
In order to use the Service, you must be able to access the Internet. This may include access to a computer, modem or any other necessary equipment. DOWNTOMEET does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access.
4. DOWNTOMEET MEMBER DATA OWNERSHIP RIGHTS
Since all group members consist of DOWNTOMEET Site Members, there are two types of data provided by or collected from DOWNTOMEET Members: Group Member Data and DOWNTOMEET Site Member Data. If you are an Organizer, DOWNTOMEET does not claim ownership of your Group Member Data (information visible to you as an Organizer within your group, like screen names, postings, images, etc). However, to enable DOWNTOMEET to operate, improve, promote, and protect site and service, and to ensure we do not violate any rights you may have in your Content, you hereby grant DOWNTOMEET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
To provide privacy to DOWNTOMEET Site Members, their private data (like their real name, email address, other groups usage statistics, etc) are not visible to group Organizers. DOWNTOMEET owns all rights, title and interest to DOWNTOMEET Site Member Data. Group Organizers shall not acquire any right in DOWNTOMEET Site Member Data, title or interest therein. Any rights not expressly granted herein, are reserved to DOWNTOMEET. You agree to abide by all copyright notices, information, or restrictions contained in any part of the DOWNTOMEET Platform.
We do our best to keep DOWNTOMEET safe, but we cannot guarantee it. We need your help to keep DOWNTOMEET safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on DOWNTOMEET.
- You will not collect users' content or information, or otherwise access DOWNTOMEET, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on DOWNTOMEET.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use DOWNTOMEET to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of DOWNTOMEET, such as a denial of service attack or interference with page rendering or other DOWNTOMEET functionality.
6. PROTECTING OTHER PEOPLE'S RIGHTS
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on DOWNTOMEET that infringes or violates someone else's rights or otherwise violates the law.
- We may remove your content for infringing someone else's copyright.
- If you repeatedly infringe other people's intellectual property rights, we will disable or cancel your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks.
- You will not post anyone's identification documents or sensitive financial information on DOWNTOMEET.
- You will not tag users or send email invitations to non-users without their consent.
7. YOUR USE OF THE PLATFORM
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by DOWNTOMEET to access to Service, we grant to you a nonexclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of DOWNTOMEET or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of DOWNTOMEET. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.
While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Sections 30 and 32 below.
You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) to comply with all regulations, policies and procedures of networks connected to the Service;
You, and not DOWNTOMEET, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will DOWNTOMEET its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.
In addition, by way of example, and not as a limitation, you agree not to use the Services or the Site to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
- Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
- Violate any applicable laws or regulations;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
- impersonate any person or entity (including DOWNTOMEET, DOWNTOMEET staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
- disguise the origin of any Public Information that is transmitted to any third party;
- "stalk" or otherwise harass another;
- resell Public Information or access to Public Information;
- collect or store personal data about other users;
- collect or store individual's health status;
- Posting any Public Information or other material: that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of
another's privacy (including the posting of private emails or contact information about another
individual), hateful, or racially, ethically or otherwise objectionable, including any Public
Information or other material that may be considered hate speech:
- (i) that is obscene, pornographic or adult in nature;
- (ii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
- (iv) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
- (v) that is inappropriate, posted in bad faith, or contrary to the spirit of any DOWNTOMEET social or group;
- (vi) that uses the Platform primarily as a lead generator or listing service for another website;
- Encouraging others to violate this Agreement;
- Refusing to follow DOWNTOMEET staff instruction or direction;
- Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
- Access or use (or attempt to access or use) another user's content without permission;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
- "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://DOWNTOMEET.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
- 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 Service.
- Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.
- Access, tamper with, or use any non-public areas of the Services or DOWNTOMEET's computer systems or the technical delivery systems of DOWNTOMEET providers;
- Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
- Access and save other users images and files from your browser cache;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
- Misuse system resources including, but not limited to, employing content or which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on DOWNTOMEET servers.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the DOWNTOMEET Services or DOWNTOMEET’s systems or networks connected to the DOWNTOMEET Services, or otherwise interfere with or disrupt the operation of any of the DOWNTOMEET Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- Impersonate or misrepresent your affiliation with any person or entity.
- DOWNTOMEET reserves the right to close accounts which are shared with other people.
- Advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- Promote or sell Content of another person.
- Sell or otherwise transfer your account.
- Send or transmit unsolicited advertisements or content ("Spam") through the Services, whether via comments, messages, notes, forum, blog, following, e-mail, or any other communication channel.
- Exploit accounts for any commercial purposes, any use of or access to the Licensed Content and/or DOWNTOMEET Services including, but not limited to marketing, link building and SEO (Search Engine Optimization),
- FREE and Free Trial account users: To advertise or sell any products or services, or to use DOWNTOMEET site or services as a tool or to use any information obtained from the Services in order to contact, advertise to, solicit, sell any products or services or to use for purposes of gaining higher rankings from search engines (SEO).
We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms at any time, without notice, without liability and at DOWNTOMEET’s sole discretion.
DOWNTOMEET, in its sole discretion, may remove any Images, files and other content uploaded to the Site including those appearing to infringe the intellectual property rights of other entities.
9. REGISTRATION DATA
If you are required to complete a registration process to enter or use a portion of the Service, you agree (i) to provide DOWNTOMEET with accurate, complete and current information; and (ii) to update your information (including your verified email address) to keep it accurate, current and complete. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof.
You may not select a user name that impersonates someone else, is vulgar or offensive, is or may be illegal, may be protected by trademark or other proprietary rights, or may cause confusion. DOWNTOMEET reserves the right to reject any user name in our sole discretion.
It is your sole responsibility to ensure that all Registration Information is accurate and complete at all times. If any Registration Information provided by you is untrue, inaccurate, not current or incomplete, DOWNTOMEET has the right to terminate your account and refuse you any and all current or future use of the Service.
You agree not to sell or transfer your use of or access to the Service or permit anyone else to use the Service through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify DOWNTOMEET of any unauthorized use of your account or any other breach of security. DOWNTOMEET will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission.
We will communicate with you via email. DOWNTOMEET intends to send regular email updates and occasional promotional offers that may be of interest to you. If you are a paying member, you may opt-out of the promotional mailings at any time upon receipt.
10. ORGANIZERS: PAID MEMBERSHIP (SUBSCRIPTION)
Before you can use the service we will ask you to provide a valid credit card number (including expiration date and billing address). This will allow us to efficiently facilitate charges associated with your purchase of a Service.
DOWNTOMEET provides "Paid Membership" plans with features and benefits for a fee. These options and fees are listed on the Pricing page. Fees may be changed at any time without notice. Paid plans are monthly or annual and renew automatically until canceled. It is the member's responsibility to keep billing information current to prevent lapses in service.
If you register at the monthly price point and then later upgrade to the yearly price point, we don't refund the monthly payments that you've already made. Upgrading to the yearly plan may either give you an additional 12 months on top of what you've already paid for or the new price will be prorated for a new membership to the remainder of the term.
DOWNTOMEET may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of the Service and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network, compute and storage resources and to take such technical and other remedies, as we deem appropriate. Your consumption of the Service may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of DOWNTOMEET’s customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan of the Service that will permit you to continue to use the Service. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to use the Service and any license to use DOWNTOMEET’s Software, without prior notice in the event of a violation of this policy.
11. MEMBERS: FREE MEMBERSHIP
You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Your Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
A condition of DOWNTOMEET free account is your "Active Participation" in the Service. Active Participation is defined as logging into your account, uploading content or provide meaningful comments or participate in events at least once every six (6) months. If you cease Active Participation for any reason, DOWNTOMEET may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, image files, creative material, photographs, audio, videos, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service. However, if the content is part of other content, DOWNTOMEET may keep it for as long as the other content is available.
DOWNTOMEET free Membership is limited to one per person (of the same or similar name and/or email address). Multiple memberships are prohibited for the free accounts. Free accounts are for personal use only. FREE accounts may be ad-supported
You are solely responsible for your interactions with other DOWNTOMEET Members and Organizers. DOWNTOMEET reserves the right, but has no obligation, to monitor disputes between you and other Members and Organizers.
DOWNTOMEET and its affiliates reserve the right in their sole discretion, immediately and without notice, to refuse service, terminate accounts, remove or edit content, and/or cancel orders to any user including, but not limited to, a case when DOWNTOMEET believes that user (member or organizer) conduct violates applicable laws, disrupts our normal business activities or is harmful to current and future interests of DOWNTOMEET and its affiliates.
12. ORGANIZERS: FREE TRIALS
Your DOWNTOMEET Organizer’s Subscription may begin with a free trial (“Free Trial Period”). If your DOWNTOMEET Subscription begins with a Free Trial Period, such Free Trial Period lasts for the time period specified during sign-up. DOWNTOMEET is not obligated to offer a Free Trial. A Free Trial Period may not be combined with any other offer(s). You are not eligible to receive a Free Trial Period if: (i) you have previously used a Free Trial Period; (ii) subscribed to DOWNTOMEET within the preceding 12 months; or (iii) your email address or part of it has previously been associated with a DOWNTOMEET Organizer’s Subscription. At the end of the Free Trial user will have an option to upgrade to a paid account or you’ll be removed from Organizer’s role. Your group may or may not be deleted.
DOWNTOMEET periodically offers a number of membership plans, including special promotional plans, subscriptions or memberships with different limitations. DOWNTOMEET reserves the right to modify, terminate or otherwise amend our offered membership plans at any time without prior notification.
13. PROHIBITED GROUPS
- Groups that are primarily intended to promote or sell (tickets, deals, packages), rather than build communities.
- One-on-one activities between a service provider and a client or member.
- Leveraging groups primarily to redirect members to become private clients.
- Groups created for the sole purpose of soliciting or promoting a business, service, brand, product, or venue.
- Regulated services that need to be provided by legally licensed professionals in fields such as medicine, psychology, mental health, law, finance, etc.
- Dating services and events that include, but are not limited to, dating clinics, date coaching, various pick-up techniques and tactics.
- Groups that involve seduction.
- Groups that participate in sex solicitation, promote prostitution, or allow for any type of exploitation.
- Content that encourages or glorifies self-injury or encourages others to harm themselves.
- Groups purposed to organize or promote hateful, harmful, threatening, or bullying behavior.
- DOWNTOMEET has a zero tolerance policy regarding child pornography or anything that exploits, sexualizes, or fetishizes minors. Such content will be removed from the platform and the uploader will be removed. DOWNTOMEET reports all child pornography to the National Center for Missing and Exploited Children (NCMEC).
13.1 Under 18 participation
DOWNTOMEET members must be at least 18 years of age. Therefore, DOWNTOMEET groups should be targeted at, and only offer opportunities for, those who are over 18.
14. MEETINGS AT VENUES
14.1 DOWNTOMEET events
Through our Platform we provide tools that enable our users to arrange physical meetings (a "event" or DOWNTOMEET events) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these DOWNTOMEET events and are not involved in any way with the actions of any individuals at these DOWNTOMEET events. As a result, we have no control over the identity or actions of the individuals who are present at these DOWNTOMEET events, and we request that our users exercise caution and good judgment when attending these DOWNTOMEET events. You acknowledge that as part of the Service we may recommend certain Groups or Events for you. These recommendations are based on the preferences you have selected as part of your profile. You are therefore responsible for determining whether to join any Group and/or attend any Event (whether or not we have recommended it) and we will not be responsible for that.
Because we do not supervise or control the events organized by members or interactions among or between members of DOWNTOMEET events and groups and other persons or companies, and because we are not involved in any way with physical transportation to or from DOWNTOMEET events or with the actions of any individuals at DOWNTOMEET events, and because we do not control PayPal or credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Co-organizers or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a DOWNTOMEET social. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
15. FEES ASSESSED BY ORGANIZERS OR CO-ORGANIZERS OR HOSTS
Payments to Organizers or Co-organizers or Hosts. Some Organizers or Co-organizers or Hosts may require or request fees for membership in a Group or participation in a DOWNTOMEET social, or for attendance at DOWNTOMEET social or DOWNTOMEET events. Individual DOWNTOMEET group membership fees, DOWNTOMEET social fees or other event fees are at the discretion of each Organizer or Co-organizer or Host, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. Fees assessed by Organizers or Co-organizers or Hosts are remitted to the Organizer or Co-organizer or Host and not to DOWNTOMEET. To the extent that you use Stripe, PayPal or another payment mechanism (e.g., check or cash), to pay fees assessed by an Organizer or Co-organizer or Host, you acknowledge that DOWNTOMEET does not control the transaction, and that you bear all risk in connection with the transaction. Refunds of any payment you make to any Organizer or Co-organizer or Host are subject to that Organizer's or Co-organizer's or Host's policies and applicable law. If you believe any payment to an Organizer or Co-organizer or Host is in error, you must contact the Organizer or Co-organizer or Host to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer or Co-organizer or Host. Organizers or Co-organizers or Hosts have full discretion whether and how to spend money in connection with their DOWNTOMEET groups or events or events. We cannot ensure that an Organizer or Co-organizer or Host is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with, or participation in promotions of DOWNTOMEET groups including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer or Co-organizer or Host.
The DOWNTOMEET payment processors cannot be used to process payments of the following nature:
- Adult content, escort services, or sex solicitation
- Drugs, alcohol, tobacco, drug paraphernalia, or similar items
- Gambling or betting
- Weapons, ammunition, or weaponry accessories
- Multi-level marketing businesses, pyramid or Ponzi schemes
- Unlawful activities or items, or the promotion of unlawful activities or items
16. COMMUNICATIONS FROM DOWNTOMEET AND MEMBERS OF THE DOWNTOMEET COMMUNITY
16.1 DOWNTOMEET Communication
You understand that certain communications, such as DOWNTOMEET service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you, your interests or your DOWNTOMEET events or groups, are part of our Platform. By using our Platform, you expressly agree to receive such communications from DOWNTOMEET. You may manage your subscriptions to DOWNTOMEET communications in the Notifications Settings section of the Profile page; however, some basic communications are a necessary part of our Platform and may not be disabled.
16.2 Communication with Members of the DOWNTOMEET Community
Your Organizer, Co-organizer or Host. By joining a DOWNTOMEET group, you understand and agree that you may receive communication from your Organizer, Co-organizer or Host and their designees in the normal course of utilizing our Platform. Your Organizer's or Co-organizer’s or Host's messages will be relayed to your email address through our Platform, which does not disclose your email address.
16.3 Role of Organizer and Co-organizer and Host
You understand that the Organizer or Co-organizer or Host of a DOWNTOMEET group that you have joined has the right, in his or her sole discretion, to limit or set eligibility requirements for DOWNTOMEET group, and to temporarily or permanently remove any content or information that you have posted in connection with such DOWNTOMEET group. Please be aware that an Organizer or Co-organizer or Host is: (a) not DOWNTOMEET's representative or agent, and therefore an Organizer or Co-organizer and Host may not enter into contractual relations or obligations on DOWNTOMEET's behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific group members unless expressly agreed by those group members; and (c) acting independently, and therefore no contractual relationship or obligation arises between an Organizer/Co-organizer/Host or an individual group member unless otherwise agreed.
16.4 Users’ Screen Names
A screen name is a user name visible throughout the website.
Screen names can't include:
- Terms or phrases that may be abusive or violate someone's rights.
- Screen names must use grammatically correct capitalization and may not include all capital letters, except for acronyms.
- Symbols or unnecessary punctuation.
- Long descriptions, such as a slogan (example: The Best Restaurant).
- Any variation of the word "DownToMeet."
- Misleading words. If a Page isn't the official Page of a brand, place, organization or public figure, the Page name can't mislead others into thinking it's an official Page or that it's managed by an authorized representative.
Screen names can't consist only of:
- Generic words (example: Phone). Pages must be managed by official representatives of the topics they're about.
- Generic geographic locations (example: San Francisco)
DOWNTOMEET reserves the right, in its sole discretion, to (a) refuse to issue a particular screen name, or (b) remove or reclaim any screen name.
16.5 Other Users
We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
17. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICES MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.
DOWNTOMEET has the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms and any other operating rules established by DOWNTOMEET. DOWNTOMEET has the right in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on the Service (including public and private content) that it finds to be in violation of these Terms or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on the Service. You acknowledge and agree that DOWNTOMEET does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.
19. TERMS OF IDEA SUBMISSION
Just as DOWNTOMEET expects others to respect our intellectual property rights, we are committed to respecting the intellectual property rights of others. In order to minimize the risk associated with receiving ideas outside the Company and to avoid misunderstandings DOWNTOMEET or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to DOWNTOMEET or any of its employees.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when DOWNTOMEET's products or marketing strategies might seem similar to ideas submitted to DOWNTOMEET. If you submit your ideas, then regardless of what your letter says, the following terms shall apply to your submissions.
You agree that: (1) your submissions and their contents will automatically become the property of DOWNTOMEET, without any compensation to you; (2) DOWNTOMEET may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for DOWNTOMEET to review the submission; and (4) there is no obligation to keep any submissions confidential.
20. EMAIL ADDRESS, PASSWORD AND SECURITY OF REGISTRATION INFORMATION
21. USER CONTENT
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or another party resulting therefrom. You may delete or remove your User Content, with the exception of private messages. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup and Internet cache copies for a reasonable period of time (but will not following removal be shared with others).
You acknowledge and agree that DOWNTOMEET is not responsible or liable for User Content. You agree not to store or share through the Service or the Site among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, nude, harassing, abusive, harmful or obscene photos, audio, video or information; information on an individual's health status; racist or sexist photos, audio or video; stolen or fraudulent photos, audio or video; photos, audio, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property and privacy rights of another third party; or any otherwise illegal information.
While we respect the artistic integrity of photos, users who post “sensitive” content which is not inappropriate and doesn't fall into any of the categories above, should mark these photos as Restricted. We reserve the right to mark any image in question as Restricted or remove that image or terminate the account.
We reserve the right to terminate or suspend your license to use the Service and any license to use DOWNTOMEET’s Software, with or without a notice in the event of a violation of this or other policies.
By posting any public or shared content including comments, photos, etc. on DOWNTOMEET, you give DOWNTOMEET full permission to publish, display or use this content in any way within the DOWNTOMEET website, DOWNTOMEET accounts on social media and services. You hereby grant DOWNTOMEET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content.
22. UPLOAD TERMS
By uploading any content to DOWNTOMEET such as photos, audio videos or other content (the "Content"), you represent and warrant that (a) you own and control or otherwise have the unconditional right to upload the Content to DOWNTOMEET and to use and share such Content; (b) you have obtained all necessary third-party rights and permission to upload, use and share such Content, (c) the uploading, use and share of the Content in connection with the DOWNTOMEET service does not and will not infringe upon or violate the rights of any third party, including without limitation any copyright, right of privacy or right of publicity, or violate any applicable law, rule or regulation; (d) the Content does not contain any viruses or other code intended to harm or obtain unauthorized access to data.
24. WEB ADDRESSES (URL’S)
As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
25. CALENDAR FEATURE
We may provide you with access to a calendar feature for the events. We provide you with this feature as a convenience only, but we cannot guarantee that this feature will work accurately in all cases and/or at all times. We are not responsible or liable for any damages caused by your reliance on this feature, use of this feature and/or inability to use this feature.
DOWNTOMEET reserves the right to display attribution links such as ‘Powered by DOWNTOMEET,’ or similar in your content footer or toolbar. This attribution could be done for DOWNTOMEET or DOWNTOMEET’s partner. Attribution links may not be removed regardless of upgrades purchased.
28. MODIFICATION OF SERVICE
At any time, DOWNTOMEET may decide to modify, suspend, alter or terminate Service provided to you for any reason. DOWNTOMEET will make any decisions about modifications to the service in its sole discretion, with or without notice to you. You accept and acknowledge that DOWNTOMEET reserves this right and agrees that DOWNTOMEET will not be responsible for any modification or discontinuation of the Service.
29. TERMINATION OF SERVICE
DOWNTOMEET will not be liable to you or any third-party for any termination of your access to the Service.
Members or non-activity for No Fee Members. DOWNTOMEET will not be liable to you or any third-party for any termination of your access to the Service.
You may choose to cancel your account with DOWNTOMEET. A cancellation initiated by you will be called a voluntary termination.
30. MEMBER TERMINATION OF NO FEE MEMBERSHIP
As a No Fee Account Member, you may terminate this Agreement at any time by sending a message to customer support (support@DownToMeet.com) from the registered email address on file with DOWNTOMEET. After receipt of your termination notice, DOWNTOMEET. com will terminate your account and may delete all messages, photos, credits and any other membership benefits contained therein.
Termination or suspension of an account does not relieve you of any obligations you have accrued, including outstanding payment in connection with your account and groups you belong to.
DOWNTOMEET may discontinue or alter any service subscription or aspect of the Service at any time, without notice, without liability and at DOWNTOMEET’s sole discretion.
TERMINATION OF FREE TRIAL: The Free Trial subscription will terminate at the end of the Free Trial, or upon starting a paid subscription, whichever is earlier. In addition, DOWNTOMEET may terminate this Free Trial at any time for any reason or no reason in DOWNTOMEET sole discretion.
31. ORGANIZERS: TERM AND AUTOMATIC RENEWAL OF PAID MEMBERSHIP
Your Membership (Subscription) is valid commencing on the date in which DOWNTOMEET provides you with access to the Services pursuant to its receipt of your valid Payment Information (the "Commencement Date") and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services (the "Subscription Term").
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR DOWNTOMEET PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM THROUGH YOUR ACCOUNT SETTINGS IN THE SUBSCRIPTION SECTION, OR BY SENDING AN EMAIL TO support@DownToMeet.com PROVIDING CLEAR WRITTEN NOTICE OF SUCH REQUEST.
You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
32. ORGANIZERS: TERMINATION OF PAID MEMBERSHIP
You may choose to cancel your Paid Membership with DOWNTOMEET by sending email to customer support at support@DownToMeet.com. Canceling by email takes more time: you must notify DOWNTOMEET of your wish to discontinue service no less than 3 days prior to the end of a billing period; otherwise DOWNTOMEET reserves the right to renew the subscriptions and charge accordingly. Canceling by email must be initiated from the email account registered with DOWNTOMEET.
If, for any reason, your payment is not received by DOWNTOMEET (Failure to pay or update payment information to renew an organizer subscription), your organizer’s account might be cancelled and that can result in allowing another member to step up and assume the role of main organizer of the group.
You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. A cancellation initiated by you will be called a voluntary termination. The subscription fees, once paid, are not refundable, subject of Right To Cancel Contract.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that DOWNTOMEET may immediately delete and discard all information and files in your account and bar any further access to such files or the Service if DOWNTOMEET terminates your account for violation of this agreement, we will not provide communication messages, images or other data to you.
33. RIGHT TO CANCEL CONTRACT
You may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day (excluding Saturdays, Sundays and holidays) following the day on which you became a Paid Member of DOWNTOMEET. To cancel this agreement, send a dated notice to DOWNTOMEET within the three-day cancellation period stating that you, the buyer, are canceling this agreement. Please include your name, your DOWNTOMEET Screen Name and your subscription email address in the notice. You may send the cancellation notice by email to: support@DownToMeet.com. If you cancel this agreement within the cancellation period, DOWNTOMEET will refund the full amount of your registration fee. The refunds are issued to the payment method used at the time of purchase. Refunds cannot be processed to third-party accounts. The name on your DOWNTOMEET account should match with the name of the bank or PayPal account holder. The refunds will typically be processed within one business day from our end and will be credited to your account. Customer sees the refund as a credit approximately 5-10 business days later, depending upon the bank.
34. PAYMENT OF FEES
DOWNTOMEET provides you with the ability to pay the Fees through a third-party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site. No credit card information is ever stored on our servers.
35. LIMITATION OF LIABILITY
THE COMPANY, ITS AFFILIATES, AND PARTNERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, LOSS OF INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. DOWNTOMEET WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION; AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
YOU AGREE THAT DOWNTOMEET IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
36. GENERAL DISCLAIMER
DOWNTOMEET PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. DOWNTOMEET FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DOWNTOMEET DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. DOWNTOMEET IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
37. RESALE AND COMMERCIAL USE
Your right to use the DOWNTOMEET Premium Service is personal to you and you may not resell all or any portion of the Service.
You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service except for as outlined above. You may not sell or give away copies of the DOWNTOMEET software.
38. THIRD-PARTY WEBSITES, SOFTWARE AND SERVICES
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, but not obligation, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.
40. AFFILIATE PROGRAM
When available, the DOWNTOMEET Affiliate Program is intended to allow enrolled Members to refer new members to DOWNTOMEET. The DOWNTOMEET Affiliate Program may not be used by any Member as a method for discounting his or her own purchases. Misrepresentations or fraudulent uses of the DOWNTOMEET Affiliate Program other than those described herein may result in loss of services, commissions or other account privileges.
41. DATA STORAGE, USAGE LIMITATIONS AND FAIR USE POLICY
You agree to comply with all bandwidth, data storage and usage limitations. You understand and agree that all posts, photos and other stored content shared using the Service will be stored on DOWNTOMEET's servers and/or DOWNTOMEET's third party partner servers. DOWNTOMEET assumes no responsibility for the deletion or failure to store any data or other information included by you on the Service. DOWNTOMEET reserves the right to limit excessive (above average) use. Accounts with the excessive network traffic will be notified of their usage and restrictions may be imposed if usage is not corrected.
Additionally, there are technical restrictions to ensure stable and fast service to all our users. We recommend not to put more than 300 photos in one album. Exceeding the suggested limits might result in sluggish site performance. Should a user exceed the recommended settings, and wish to keep their photos in the gallery DOWNTOMEET might restrict new uploads. The maximum file size for uploading an individual file is 50MB, but the maximum Stored Image
Size is 2,560 x 1,600px. The original image files are not stored. Any additional storage or data transfer may result in restrictions on your account including limited access to your Gallery. DOWNTOMEET doesn’t provide tools to download images uploaded to the gallery. You should always preserve your original Content and make back-up copies of such Content, on your personal system and using dedicated backup services. You should not use the Service as the only repository, back-up or other source for your Content.
41.1 Fair Image Storage Policy
DOWNTOMEET maintains a fair storage policy to ensure stable and fast service to all users.
Groups are limited to a maximum of 300 new photographs/images per week and 10,000 photographs/images in total and 1Gb of data transfer from all group galleries per month. Do not use Gallery photos for third-party sharing.
42. PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
DOWNTOMEET respects the intellectual property rights of others. If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
In order for us to take action, you must do the following in your notice:
- a. provide your physical or electronic signature;
- b. identify the copyrighted work that you believe is being infringed;
- c. identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
- d. provide us with a way to contact you, such as your address, telephone number, or e-mail;
- e. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
- f. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Please email the above information to support@DownToMeet.com
Again, we cannot take action unless you give us all the required information.
If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:
- 1. Your physical or electronic signature;
- 2. Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- 3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- 4. Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which DOWNTOMEET Solutions may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.
If a counter-notice is received by the Copyright Agent, DOWNTOMEET may send a copy of the counter-notice to the original complaining party informing that person that DOWNTOMEET may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DOWNTOMEET’s sole discretion.
Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
DOWNTOMEET has a right to terminate the account of any person who has been determined to be a repeat copyright infringer.
Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and DOWNTOMEET reserves the right to help, but does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.
Notwithstanding the foregoing, DOWNTOMEET will promptly comply with the terms of any court order relating to alleged trademark infringement by any user of DOWNTOMEET.
44. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, audio, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site or DOWNTOMEET Photo ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by DOWNTOMEET, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
45. LINKS TO THIRD-PARTY WEBSITES
DOWNTOMEET does not review or monitor any websites linked from your albums and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk. You are not allowed to link and promote the websites with the content that is restricted on the DOWNTOMEET site itself. You are not allowed to setup download links from other websites.
By linking to a non-DOWNTOMEET website or webpage, DOWNTOMEET does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself, site visitors and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DOWNTOMEET disclaims any responsibility for any harm resulting from your use of non-DOWNTOMEET websites and webpages.
46. SYSTEM INTEGRITY
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
47. NOTICE FOR CALIFORNIA USERS
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd. , Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
48. ARBITRATION; GOVERNING LAW
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate DOWNTOMEET's intellectual property rights, DOWNTOMEET may seek injunctive or other appropriate relief in an state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
Whenever DOWNTOMEET has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with DOWNTOMEET.
50. DATA TRANSFER
As part of providing the Service, DOWNTOMEET may store and process Customer Data in the United States or any other country in which DOWNTOMEET or its agents maintain facilities. By using the Services, Customer consents to this transfer, processing and storage of Customer Data.
51. UNAUTHORIZED USE
Customer will use all commercially reasonable efforts to prevent unauthorized use of the Service, and to terminate any unauthorized use. Customer will promptly notify DOWNTOMEET of any unauthorized use of, or access to, the Services of which it becomes aware.
52. FORCE MAJEURE
Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
53. NO AGENCY
The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
54. NO THIRD-PARTY BENEFICIARIES.
There are no third-party beneficiaries to this Agreement.
55. INTERPRETATION OF CONFLICTING TERMS
If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Agreement, and the terms located at any URL.
56. JURISDICTIONAL ISSUES
The Service is controlled and operated by DOWNTOMEET, LLC. from the United States, and is not intended to subject DOWNTOMEET to the laws or jurisdiction of any state, country or territory other than that of the United States. DOWNTOMEET does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
57. CONTACT INFORMATION
Any questions or comments can be directed to: info@DownToMeet.com.
This policy was last modified on 3/17/2018.