This is a legal agreement("Agreement") between you and Summer Eyes Software Corp.,
a Delaware corporation("Missnu"), with offices at 38 Agawam Rd., Acton, MA 01720.
By accessing the services provided by http://missnu.com("Site"), you agree to,
and are bound by, the terms and conditions of this Agreement. IF YOU DO NOT
AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE MISSNU SITE OR SERVICE.
Limitation of Liability.
- The Service.
Provided you comply at all times with the terms of this Agreement("Terms"), Missnu
will provide you with a service("Service") that helps you discover other people
who have been to places that are close to places you have been, to view information
about those people and to contact them via the Site or by smart phone.
- Minimum Age. You must be at least twenty one (21) years
- Relationship Status. You must not be living with a partner
in a committed relationship. If you are married, you must be separated.
- No Criminal History. 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.
- Access. You must have an email address; a cell phone
that can display pictures and receive text messages; and access to the internet.
- Required Information. You must provide us with at least one photo of you; you must be willing to share your age and your gender.
- Your use of the Site and Service.
You agree to use the Site only for the purpose of finding people you want to meet.
- Non-commerical use.
You agree not to use the Site in connection with commercial activities or research.
Neither companies, nor businesses, nor organizations of any kind may use the Site for any purpose.
- Prohibited Activities.
Missnu may terminate your use of the Site and Service if you have behaved in a way that could be regarded as inappropriate or unlawful. You agree that:
- You will not have more than one account at any time.
- You will not share your password or account with others.
- You will not publish in your public profile, any of your phone numbers, any of your email addresses, any of your residential addresses, or your full name(collectively "Contact Information"), or any information that would enable others to discover your Contact Information.
- You will not impersonate another person.
- You will not "stalk" or harrass or harm another person.
- You will not store or transmit information about another user of the Site.
- You will not access the Site via software other than (a) the cell-phone applications provided by Missnu, or (b) Google(tm)'s Chrome, Mozilla(tm)'s Firefox, Microsoft(tm)'s Internet Explorer, Apple(tm)'s Safari, Opera Software(tm)'s Opera, or Google(tm)'s Android browser.
- You will not upload or transmit any content that is unlawful,
harmful, threatening, abusive, defamatory, vulgar, libelous, hateful, invasive of
another's privacy or otherwise objectionable.
- You will not upload or transmit any content that you do not
have the right to share.
- You will not use the Site to advertise, solicit, or promote.
- You will not upload or transmit any malware.
- You will not attempt to disrupt the Site.
- You will not violate any applicable local, state, national or
- You will not attempt to disrupt the Site.
- You will not frame or mirror the Site.
- You will not reverse engineer or copy any portion of the Site.
Unauthorized use of the Site may result in civil, criminal and/or injunctive action.
- Your Safety.
- No background checks.
You understand that Missnu does not (a) conduct criminal background checks on the users of the Site, or (b) inquire into the backgrounds of the users of the Site, or (c) verify the information provided by users of the Site.
- You assume responsibility for your safety.
You understand that meeting strangers and/or sharing your personal information with strangers carries inherent risks, including physical harm to your person, embarassment and emotional distress; and you accept all responsibility for deciding to meet and/or share your personal information with any person you discover through your use of the Site.
While Missnu provides tips on safety, you understand that these tips cannot replace your judgment or instinct, and you understand that following these tips will not guarantee your safety.
IN NO EVENT SHALL MISSNU 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 SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SITE OR SERVICE.
This Agreement will remain in full force and effect while you use the Site.
You may terminate this Agreement at any time, for any reason, by following the instructions on the "Unsubscribe" page of the Site.
If you terminate this Agreement without first removing your Content (as defined below), you acknowledge that Missnu has no obligation to either preserve or remove your Content from the Site.
Missnu may terminate this Agreement at its sole discretion by sending you a notice at the email address you provide.
Missnu is not required to provide you a notice prior to terminating this Agreement.
Missnu is not required to disclose a reason for terminating this Agreement.
If Missnu determines that you breached this Agreement, you will not be entitled to any refund of any subscription fees.
If Missnu terminates this Agreement, Missnu will remove as much of your Content from the Site as it can.
All provisions of this Agreement that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
- Your Content.
You authorize Missnu to periodically transmit your location from your phone or computer to the Site, and to store this information in a database.
Missnu will use this location data to find other people whose paths have crossed yours.
Missnu will not disclose your location information to anyone without your permission, unless compelled to do so by court order.
You acknowledge that if you disclose your location to another person, you do so at your own risk, and that Missnu shares no responsibility for that disclosure.
You may ask Missnu to delete your location data at any time, which will remove it from the Missnu database.
You acknowledge that after your location data is removed from the Missnu database, it may still be electronically recorded in backup copies of the database.
You authorize Missnu to aggregate your location information along with the locations of other people, in a way that cannot be used to identify you, and to provide summaries about the aggregate location information to other parties.
- Personal Information.
You authorize Missnu to share your public profile, in accordance with your wishes, to other Missnu users, so that they may determine whether they would like to meet you.
Missnu will not share your home location or your email or your phone number with another person unless you disclose this information yourself in communications with other users of the Site, or in your public profile, or unless Missnu is compelled to disclose by court order.
- Risk and Responsibility.
You are solely responsible for, and assume all liability regarding (i) all information you post about yourself, and (ii) all communications and interactions with other users of the Site.
- Missnu Oversight.
You authorize Missnu to (i)review any information you post to the site or communicate to another user, and (ii) remove any content, messages, photos, or locations (collectively, "Content") in whole or in part, that in the sole judgment of Missnu violates this Agreement, or that might be offensive or illegal, or that might adversely affect other users of the Site.
You acknowledge that Missnu is under no obligation to review or remove any Content.
- Missnu's Rights To Your Information.
In posting Content to the Site, you grant, and you warrant that you have the right to grant, to Missnu, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content, and to prepare derivative works of your Content, and to grand and authorize sublicenses of the foregoing.
- Missnu's Content.
- Proprietary Rights.
Missnu owns and retains all proprietary rights in the Site and the Service.
The Site contains copyrighted material, trademarks, and other proprietary information(collectively "Proprietary Information") of Missnu and its licensors.
Except for information which is in thepublic domain, or for which you have permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell Proprietary Information.
- Other Content.
Content provided by other users of the Site may not be reliable. Missnu makes no representation about the accurracy, completeness, or usefulness of any Content on the Site.
- No Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISSNU PROVIDES THE SERVICES ON AN "AS IS" AND
"AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL
INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MISSNU DOES NOT WARRANT THAT
YOUR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR
WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. MISSNU DISCLAIMS
LIABILITY FOR, AND NOT WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND
AVAILABILITY OF THE SERVICES.
- Content. Missnu is not responsible for the accuracy of any
information posted on the Site.
- Conduct. Missnu is not responsible for the conduct of any
user of the Site.
Except in jurisdictions where such provisions are restricted, in no event will Missnu
be liable to you or any third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising from your use of the Site,
even if Missnu has been advised of the possibility of such damages. Notwithstanding
anything to the contrary contained herein, Missnu's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be limited to the
amount paid, if any, by you to Missnu during the term of membership.
You agree to indemnify and hold Missnu, 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 Site in violation of this Agreement and/or arising from a breach of this
Aggrement and/or any breach of your representations and warranties set forth above.
- Whole Agreement. This Agreement contains the entire agreement between you and
Missnu regarding the use of the Site.
- Severability. 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 Missnu in its sole discretion at any time,
with or without notice. Your continued use of the Site after the posting of
revisions to this Agreement will constitute your acceptance of such revisions.
- Governing Law. This Agreement, and any dispute between you
and Missnu, shall be governed by the laws of the state of Delaware without regard to
principles of conflicts of law.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.