Grindr Terms and Conditions of Service

<h1>GRINDR TERMS AND CONDITIONS OF SERVICE</h1>
Introduction

Welcome to Grindr LLC’s (“Grindr”, “We”, “Us”, “Our”) mobile device software
and web application (the “Grindr Software”), website, and any other mobile or
web services or applications owned, controlled, or offered by Grindr now or in
the future (collectively, the “Grindr Services”). For clarity, any reference
herein to “Grindr Services” includes the “Grindr Software.” Users who access,
download, use, purchase and/or subscribe to the Grindr Services (collectively
or individually “You” or “Your” or “User” or “Users”) must do so under the
following Terms and Conditions of Service (this “Agreement”).


This Agreement provides the rules for Your use of the Grindr Services -
designed to create a safe, authentic, and law-abiding community for Our users.
By using the Grindr Services, You are agreeing to be bound by the terms of
this Agreement, including Our
<a
href="https://www.grindr.com/privacy-policy/"
target="_blank"
rel="noopener"
>Privacy Policy</a
>, so it is important that You read this Agreement carefully before You create
an account. We may also update this Agreement from time to time, so please
check back regularly for updates. In addition, please note that, by using the
Grindr Services, You agree that we may use Your personal data as set forth in
Our
<a
href="https://www.grindr.com/privacy-policy/"
target="_blank"
rel="noopener"
>Privacy Policy</a
>.


<a href="#section22" target="_blank" rel="noopener">SECTION 22</a> OF THIS
AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE
RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN THAT SECTION WILL, WITH
LIMITED EXCEPTIONS PURSUANT TO APPLICABLE LAW, REQUIRE DISPUTES BETWEEN YOU
AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT.
IN ADDITION: (1) YOU AND WE WILL ONLY BE PERMITTED TO PURSUE CLAIMS ON AN
INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2)
YOU AND WE ARE WAIVING YOUR AND OUR RIGHTS TO SEEK RELIEF IN A COURT OF LAW
AND TO HAVE A JURY TRIAL. PLEASE SEE SECTION 22 FOR MORE INFORMATION REGARDING
THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION
AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.


FOR RESIDENTS OF THE EUROPEAN UNION, UNITED KINGDOM, OR CERTAIN OTHER
COUNTRIES OUTSIDE THE UNITED STATES:
PLEASE REFER TO THE <a href="#special-terms">SPECIAL TERMS</a> FOR
INTERNATIONAL USERS (“SPECIAL TERMS”). IF YOU ARE A RESIDENT OF ANY OF THE
COUNTRIES NOTED IN THE SPECIAL TERMS, YOU MAY HAVE ADDITIONAL RIGHTS OR
CERTAIN PARTS OF THIS AGREEMENT, SUCH AS THE ARBITRATION AGREEMENT, MAY NOT
APPLY TO YOU.


As explained in Section 10 below, please be aware that if You subscribe to
Premium Services (as defined below), such as Grindr Xtra or Grindr Unlimited,
then the terms of Your subscription will automatically renew at the end of
Your subscription period at Grindr’s then-current fee for such services,
unless You cancel Your subscription in accordance with Section 10 below and
the instructions
<a
href="https://help.grindr.com/hc/en-us/articles/1500008403982-Managing-your-subscription#:~:text=Locate%20the%20section%20under%20Subscriptions,will%20appear%2C%20select%20Cancel%20Subscription"
target="_blank"
rel="noopener"
>here.</a
>


A notice to subscribers in California and other jurisdictions set forth in
Section 25 (within the United States) or Special Terms (outside the United
States), as applicable: You may cancel Your subscription and request a refund
at any time prior to midnight of the third business day following the date You
subscribed. If You subscribed using Your Apple ID, refunds are handled by
Apple, not Grindr. If You wish to request a refund, please visit
https://getsupport.apple.com. If You subscribed using Your Google Play Store
account or otherwise directly through Grindr, please contact
<a href="https://help.grindr.com/" target="_blank" rel="noopener"
>customer support</a
>.


We recommend that You save a copy of this Agreement for Your records. You may
receive a copy of this Agreement by emailing Us at:
<a href="mailto:[email protected]">[email protected]</a>, Subject: Terms of
Service Agreement.

<ol>
<li>
AGE RESTRICTIONS AND SAFETY.
<ol>
<li>
NO USE BY UNDERAGE PERSONS. The Grindr Services are intended ONLY
for legal adults. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR
THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE
OF MAJORITY) ARE AUTHORIZED TO ATTEMPT, DIRECTLY OR INDIRECTLY, TO VIEW,
DOWNLOAD, POSSESS, OR OTHERWISE USE THE GRINDR SERVICES.
</li>
<li>
YOU MUST BE A LEGAL ADULT. BY ACCEPTING THIS AGREEMENT, CREATING
A USER ACCOUNT (AS DEFINED BELOW), AND ENTERING A DATE OF BIRTH FOR AGE
VERIFICATION PURPOSES, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT:
<ul>
<li>
YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR THE AGE OF
MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF
MAJORITY);
</li>
<li>
YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE
OBLIGATIONS SET FORTH IN THIS AGREEMENT;
</li>
<li>
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
</li>
<li>
YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR
RESTRICTED PARTIES.
</li>
</ul>
</li>
</ol>
</li><li>
SAFETY; YOUR INTERACTIONS WITH OTHER MEMBERS; NO CRIMINAL BACKGROUND OR
IDENTITY VERIFICATION CHECKS. PLEASE NOTE THAT GRINDR DOES NOT CONTROL ANY OF THE THINGS OUR USERS SAY
OR DO. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE GRINDR SERVICES AND
YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE GRINDR SERVICES).
GRINDR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY,
INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.
<ul>
<li>
GRINDR DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND
SCREENINGS OF OUR USERS. GRINDR RESERVES THE RIGHT TO CONDUCT ANY
CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS
FOR ANY PURPOSE.
</li>
<li>
GRINDR DOES NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO
VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT
CREATION, INCLUDING THE ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE
VERIFICATION PURPOSES.
</li>
<li>
GRINDR DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO
USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE.
</li>
<li>
GRINDR IS A SEX-POSITIVE PLATFORM. YOU ACKNOWLEDGE THAT YOU MAY RECEIVE
ACCESS TO CONTENT (DEFINED IN SECTION 13.1 BELOW) THAT COULD BE
CONSIDERED OBJECTIONABLE IN CERTAIN CONTEXTS.
</li>
<li>
GRINDR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY CONTENT.
</li>
<li>
YOU UNDERSTAND THAT GRINDR IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL
CONSEQUENCES OF YOUR USE OF THE GRINDR SERVICES IN PLACES THAT MAY
ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST
MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR
LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES.
</li>
</ul>
</li><li>
WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
<ul>
<li>
AS EXPLAINED IN OUR
<a
href="https://www.grindr.com/privacy-policy/"
target="_blank"
rel="noopener"
>PRIVACY POLICY</a
>, SOPHISTICATED USERS WHO USE THE GRINDR APP IN AN UNAUTHORIZED MANNER,
OR OTHER USERS WHO CHANGE THEIR LOCATION WHILE YOU REMAIN IN THE SAME
LOCATION, MAY USE DISTANCE INFORMATION TO DETERMINE YOUR EXACT LOCATION
AND MAY BE ABLE TO DETERMINE YOUR IDENTITY.
</li>
<li>
THE GRINDR SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED
SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN
EMERGENCY LOCATOR SYSTEM; USED WHILE DRIVING OR OPERATING VEHICLES; OR
USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, OR WITH ANY OTHER APPLICATION IN WHICH THE FAILURE OR
INACCURACY OF THAT APPLICATION OR THE GRINDR SERVICES COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY
DAMAGE. GRINDR IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES,
FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER
PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
</li>
</ul>
</li>
<li>
INTERNATIONAL USERS.
<ol>
<li>
Use Outside the United States of America. The Grindr Services are
controlled and offered by Grindr from the United States of America,
regardless of Your place of residence. Subject to Section 22 and any
mandatory laws that may apply in the country in which You reside, any
claims arising from or related to Your relationship with Grindr and this
Agreement are governed and interpreted by the laws of the State of
California, USA. Grindr makes no representations that the Grindr
Services are appropriate for use in other locations or are legal in all
jurisdictions. Those who access or use the Grindr Services from other
locations do so at their own risk and are responsible for compliance
with local law.
You agree and acknowledge that You are transferring Your data for
processing in the United States of America and other jurisdictions
throughout the world that may not afford the same protections as Your
country of residence. Please see Our <a
href="https://www.grindr.com/privacy-policy/"
target="_blank"
rel="noopener"
>Privacy Policy</a
>
for more information on how we collect, use, and transfer Your
data.
</li>
<li>
Special Terms. If You are a resident of certain countries,
including those in the European Union and United Kingdom, You may have
additional rights or certain parts of this Agreement may not apply to
You if required by the law of Your jurisdiction. Please refer to the
<a href="#special-terms">Special Terms</a> for International Users for
further detail.
</li>
<li>
English Language. In the event of a discrepancy between this
English language version of this Agreement and any translated copies of
this Agreement, the English version shall prevail.
</li>
</ol>
</li>
<li>
YOUR ACCOUNT REGISTRATION; YOUR ACCOUNT USE.
<ol>
<li>
Your Account Registration. If You create an account on any of the
Grindr Services (a “User Account”) and submit information to Us, You
must ensure that such information is accurate and promptly updated as
necessary. For example, as set forth in Section 1.2, by accepting this
Agreement and creating a User Account, You affirmatively represent and
warrant that You are a legal adult and that You have entered Your
accurate date of birth for age verification purposes.
</li>
<li>
Accounts Are for Your Personal, Individual Use Only. You may not
use anyone else’s account at any time. You may not buy, sell, rent, or
lease access to Your User Account or Your username without Our written
permission. You will not share or otherwise transfer Your User Account
or credentials.
</li>
<li>
Security of Your Account. You are entirely responsible for
maintaining the confidentiality of Your password and account. You agree
to notify Grindr immediately if You believe that an unauthorized use or
otherwise problematic transaction has taken place, or if there may have
been any other breach of security. Unless You submit the claim to Us
within 30 days after the charge, You will have waived, to the fullest
extent permitted by law, all claims against Us arising out of or
otherwise related to the transaction.
<ul>
<li>
You are responsible for taking all necessary precautions to ensure
that any material You may obtain from Grindr is free of viruses or
other harmful components.
</li>
<li>
Grindr is not responsible for any damage to Your computer hardware,
computer software, or other equipment or technology including, but
without limitation, damage from any security breach or from any
virus, bugs, tampering, fraud, error, omission, interruption,
defect, delay in operation or transmission, computer line or network
failure or any other technical or other malfunction.
</li>
</ul>
</li>
<li>
We Have No Obligation to Retain a Record of Your Account. Grindr
has no obligation to retain a record of Your account or any data or
information that You may have stored for Your convenience by means of
Your account or the Grindr Services. The Grindr Services are not
intended for data storage. You are solely responsible for backing up
Your data (e.g., separately saving the contact information of
individuals You meet through the Grindr Services).
</li>
</ol>
</li>
<li>
PRIVACY POLICY. Grindr takes user privacy and data security
very seriously. We have a separate policy - the Privacy Policy - about Our
policies and practices that You should read. For information about how
Grindr collects, uses, and shares Your personal data, please check out Our
Privacy Policy. By using the Grindr Services, You agree that We may use Your
personal data as set forth in Our Privacy Policy.
</li>
<li>
SERVICE MODIFICATIONS. We reserve the right, at Our
discretion, to modify, add, or discontinue the Grindr Services or any
portion thereof, at any time, for any reason, and without liability to You
except as provided in this Section 7. However, We reserve the right to make
such modifications, additions, or discontinuances without notice, including
if needed to comply with law, protect or enforce legal rights, or otherwise
to address or prevent an emergency.
<ul>
<li>
If We make material changes to the Premium Services that: (a) reduce the
functionality available to You on such Premium Service and (b) are
mandatory (i.e., do not require You to update the Grindr Software to
become effective); You may terminate Your account accordingly within ten
(10) days of such modifications (as provided in Section 10.3) and
receive a pro-rata refund for any amounts pre-paid, but unused for such
Premium Services.
</li>
<li>
We reserve the right at any time to charge fees for access to all or
portions of the Grindr Services and change any such pricing at any time
provided that any changes will not affect the fees for any Premium
Services that You have already paid for.
</li>
</ul>
</li>
<li>
OUR OWNERSHIP; OUR PROPRIETARY RIGHTS. The Grindr Services
are owned and operated by Grindr. The Grindr Services, content, visual
interfaces, information, graphics, design, compilation, computer code,
products, software, services, including the mobile device or web
applications, and all other elements of the Grindr Services (collectively,
the “Materials”) are protected by United States copyright, trade dress,
patent, and trademark laws, international laws and conventions, and all
other relevant intellectual property and proprietary rights, and applicable
laws. All Materials contained in the Grindr Services are the property of
Grindr or its subsidiaries or affiliated companies and/or third-party
licensors. All trademarks, service marks, and trade names displayed on the
Grindr Services are proprietary to Grindr or its affiliates and/or
third-party licensors. Except as expressly authorized by Grindr under this
Agreement, You agree not to sell, license, distribute, copy, modify,
publicly perform or display, transmit, publish, edit, adapt, create
derivative works from, or otherwise use the Materials. Grindr Services and
products are protected by various patents including: U.S. Patent Nos.
8,606,297, 9,749,429, 10,257,292, 10,447,791, 10,708,367, and 11,102,310, as
well as U.S. Patent Application No. 17/393,809 (patent pending). The
aforementioned listing of patents may not be all inclusive.
</li>
<li>
GUIDELINES OF YOUR USE; USAGE RULES; PROHIBITED CONDUCT &
USES.
<ol>
<li>
GRINDR’S COMMUNITY GUIDELINES, located at
<a
href="https://www.grindr.com/community-guidelines/"
target="_blank"
rel="noopener"
>https://www.grindr.com/community-guidelines/</a
>
(the “Guidelines”), as amended from time to time, are hereby
incorporated into this Agreement by reference. Please read the
Guidelines carefully before using the Grindr Services. The Guidelines
apply to Your content and activity on the Grindr Services, as well as
interactions You may have with other users off of the Grindr Services.
</li>
<li>
WE MAY DELETE YOUR SUBMISSIONS AND WE MAY BAN YOUR ACCOUNT. Grindr may
require that You delete, or Grindr may delete, any User Content (as
defined below) at any time for any reason, or no reason whatsoever. Any
violation of the Guidelines or this Agreement by Your User Content, as
determined by Grindr, may result in Your User Account being banned and
may lead to the termination of Your access to the Grindr Services.
</li>
<li>
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS
REGARDING PROHIBITED CONDUCT AND USES:
<ol>
<li>
You will NOT use the Grindr Services if You are not a legal adult;
You will NOT communicate with another user that You know or believe
may not be a legal adult; and You will immediately report any
profiles or content that You believe are from minors or that depict
minors on the Grindr Services, and You can report a user directly
within the Grindr Services or via email to
<a href="mailto:[email protected]">[email protected]</a>;
</li>
<li>
You will NOT engage in any behavior that violates the Guidelines or
other policies applicable to the Grindr Services;
</li>
<li>
You will NOT use the Grindr Services or any information displayed
within the Grindr Services to “stalk,” harass, abuse, defame,
threaten, extort, defraud, or otherwise mistreat other Users;
</li>
<li>
You will NOT violate the privacy or other rights of Users, or
collect, attempt to collect, store, or disclose without permission
the location of or personal information about other Users;
</li>
<li>
You will NOT include obscene, offensive, pornographic, or violent
materials, or materials that may otherwise offend human dignity
(including, for example, language that could be deemed
discriminatory towards an individual’s race, color, ethnicity,
national origin, disability, sexual orientation, gender expression,
gender identity, or physical appearance) on Your Grindr Services
personal profile page;
</li>
<li>
You will NOT use the Grindr Services for any commercial or
non-private use, such as the sale or advertisement of goods or
services, attempts to conduct surveys through the Grindr Services,
solicitation for services, or providing links to other websites or
premium line telephone numbers; You will use the Grindr Services for
personal, non-commercial use only in the manner and for the purposes
that We intend;
</li>
<li>
You will NOT use the Grindr Services; any System-Generated Content
or User Content submitted by other Users (see definitions in Section
13 below); or any other data, output, or information received or
derived from the Grindr Services, to directly or indirectly create,
develop, customize, train, test, or otherwise improve any AI
Technology. “AI Technology” means any machine learning or other
artificial intelligence algorithm, model, model weights, parameters
and hyperparameters, software, tool, system or technology,
including, without limitation, any and all software and systems that
make use of or employ deep learning or other neural networks,
statistical learning algorithms, or reinforcement learning.
</li>
<li>
You will NOT anonymize, deidentify, or aggregate any Content (other
than User Content that You create) or any other data, output or
information received or derived from the Grindr Services, to
directly or indirectly create, develop, customize, train, test, or
otherwise improve any AI Technology;
</li>
<li>
You will NOT use the Grindr Services for the commission or
encouragement of any illegal purpose, or in violation of any local,
state, national, or international law, including laws governing
criminal acts, prohibited or controlled substances, intellectual
property and other proprietary rights, data protection and privacy,
and import or export control;
</li>
<li>
You will NOT include material on Your personal profile page which
contains video, audio, photographs, or images of any person under
the age of eighteen (18) at all or any person over the age of
eighteen (18) without his, her, or their express permission;
</li>
<li>
You will NOT engage in any conduct that is harmful towards a person
under the age of eighteen (18);
</li>
<li>
You will NOT make unsolicited offers, advertisements, proposals, or
send junk mail to other Users of the Grindr Services. This includes
unsolicited advertising, promotional materials or other solicitation
material, bulk mailing of commercial advertising, chain mail,
informational announcements, charity requests, and petitions for
signatures, surveying or requests to participate in surveys or
studies;
</li>
<li>
You will NOT impersonate any person or entity, falsely claim an
affiliation with any person or entity, or access the Grindr User
Accounts of other Users;
</li>
<li>
You will NOT misrepresent the source, identity or content of
information transmitted via the Grindr Services;
</li>
<li>
You will NOT display the Grindr application or profile data on any
external display or monitor or in any public setting;
</li>
<li>
You will NOT remove, circumvent, disable, damage or otherwise
interfere with security-related features of the Grindr Services,
features that prevent or restrict use or copying of any content
accessible through the Grindr Services, or features that enforce
limitations on use of the Grindr Services;
</li>
<li>
You will NOT intentionally interfere with or damage operation of the
Grindr Services or any User’s enjoyment of them, by any means,
including uploading or otherwise disseminating viruses, worms, or
other malicious code;
</li>
<li>
You will NOT post, store, send, transmit, or disseminate any
information or material which a reasonable person could deem to be
objectionable, defamatory, libelous, offensive, obscene, indecent,
pornographic, harassing, threatening, embarrassing, distressing,
vulgar, hateful, racially or ethnically or otherwise offensive to
any group or individual, intentionally misleading, false, or
otherwise inappropriate, regardless of whether this material or its
dissemination is unlawful;
</li>
<li>
You will NOT post, store, send, transmit, or disseminate any
information or material which infringes any patents, trademarks,
trade secrets, copyrights, or any other rights of any person;
</li>
<li>
You will NOT use the Grindr Services with any products, systems, or
applications installed or otherwise connected to or in communication
with vehicles, or otherwise capable of vehicle navigation,
positioning, dispatch, real time route guidance, fleet management,
or similar applications;
</li>
<li>
You will NOT use the Grindr Services in connection with hazardous
environments requiring fail-safe performance or any application in
which the failure or inaccuracy of that application or the Grindr
Services could lead to death, personal injury, or physical or
property damage;
</li>
<li>
You will NOT attempt to gain unauthorized access to the Grindr
Services, or any part of it, other accounts, computer systems or
networks connected to the Grindr Services, or any part of it,
through hacking, password mining or any other means, or interfere or
attempt to interfere with the proper working of the Grindr Services
or any activities conducted on the Grindr Service;
</li>
<li>
You will NOT probe, scan, or test the vulnerability of the Grindr
Services or any system or network; use any robot, spider, scraper or
other automated means to access the Grindr Services for any purpose
without Our express written permission; bypass Our robot exclusion
headers or other measures that We may use to prevent or restrict
access to the Grindr Services; modify the Grindr Services in any
manner or form; use or develop any application or other product that
interacts with the Grindr Services or provides access to other
Users’ content or information without Our written permission; or use
modified versions of the Grindr Services, including for the purpose
of obtaining unauthorized access to the Grindr Services; and
</li>
<li>
You will NOT interfere with anyone’s ability to use or enjoy the
Grindr Service, or aid or encourage any activity prohibited by this
Agreement.
</li>
</ol>
</li>
</ol>
</li>
<li>
PREMIUM SERVICES; PURCHASES.
<ol>
<li>
Premium Services. Certain Services, such as Grindr Xtra or Grindr
Unlimited, may be available only through creation of a User Account and
payment of a fee (“Premium Services”). Through such accounts, You will
have access to such Premium Services for a fixed term, which will
automatically renew. The term, renewal period, and the total cost of
each Premium Services offering will be provided within the Grindr
Services or otherwise where the Premium Services are offered. Our
pricing varies based on a number of factors including, but not limited
to, region, bundle, and duration of subscription. Our pricing may change
prospectively and any such change shall take effect at the start of the
next subscription period following the date of the price change. We also
test new features and payment options.
</li>
<li>
PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES
AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD,
AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE
(PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY
YOU UNLESS YOU CANCEL AT LEAST TWENTY-FOUR HOURS PRIOR TO RENEWAL. YOU
ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW
UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE
WITH THIS AGREEMENT. AUTOMATIC RENEWAL MAY BE FOR VARYING DURATIONS,
E.G., A ONE-WEEK SUBSCRIPTION, ONE-MONTH SUBSCRIPTION, ETC.
</li>
<li>
CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY
TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. CANCELLATION IS EFFECTIVE
ONLY AT THE END OF THE THEN-CURRENT TERM. IN ORDER TO CANCEL, YOU MUST
UPDATE YOUR GRINDR SUBSCRIPTION SETTINGS IN YOUR ITUNES, GOOGLE PLAY, OR
GRINDR WEB ACCOUNT, DEPENDING ON WHERE YOU ENROLLED. ALL PREVIOUSLY PAID
AMOUNTS ARE NON-REFUNDABLE. FOR EXAMPLE, IF YOU CANCEL AN ANNUAL
SUBSCRIPTION FOR A PREMIUM SERVICE AFTER SIX MONTHS, YOU WILL NOT
RECEIVE A PRO-RATA RETURN OF YOUR ANNUAL SUBSCRIPTION FEE AND YOU WILL
CONTINUE TO HAVE USE OF THE PREMIUM SERVICE FOR THE REST OF THE
THEN-CURRENT ANNUAL PERIOD. INSTRUCTIONS FOR CANCELING PREMIUM SERVICES
ARE SET FORTH HEREIN, AT THE GRINDR HELP CENTER, AND BY EMAILING
<a href="mailto:[email protected]">[email protected]</a>.
</li>
<li>
Trial Premiums and Introductory Pricing. Access to Grindr Premium
Services may from time to time be made available on a time-limited free
or discounted trial basis (a “Trial” or “Trial Premiums”). Please note
that this Agreement also applies to any Trial. You may be asked to
provide Your credit or debit card information when registering for a
Trial. For free Trials that autorenew, Your credit or debit card will
only be charged if You do not cancel Your Trial before the end of the
Trial period. Deleting Your account or deleting the application from
Your device does not cancel Your Trial. If We ask for Your credit or
debit card information and You do not affirmatively cancel before the
end of the Trial, then Your Trial will be automatically converted into a
paid subscription and Your credit or debit card will be charged the
subscription fee in effect at the time Your Trial first began and will
continue to automatically renew for subsequent terms unless and until
You cancel in accordance with the procedures set forth above. Trial
Premiums are not available to former Users of Premium Services or Users
who have previously received a free or discounted trial and canceled it
prior to paying for Premium Services. If Your transaction results in an
overdraft or other fee from Your card issuer due to going over Your
credit limit or having insufficient funds in Your account, Your card
issuer may charge You a fee, and You alone are responsible for that fee.
</li>
<li>
Purchases. We reserve the right to correct errors (whether by
changing information on the Grindr Services or by informing You of the
error and giving You an opportunity to cancel Your order) or to update
information at any time without notice. We may grant or deny
cancellation requests for individual orders in Our sole and absolute
discretion. All sales are final.
</li>
<li>
Promo Codes. Grindr may, from time to time in its sole
discretion, offer certain promotional codes for discounts. Promotional
codes are non-transferable and are not redeemable for cash, credit, or
toward previous purchases. There is no cash alternative. Furthermore,
promotional codes cannot be used in conjunction with any other offer or
promotional discount, and must be redeemed by the date published, if
provided. Lost promotional codes cannot be replaced. Limit one
promotional code per customer. Promotional codes are void where
prohibited. Any promotional program may be terminated or modified by
Grindr at any time in Our sole discretion.
</li>
<li>
Payments Are Non-Refundable. Unless expressly provided otherwise
in this Agreement (including Section 25 where You are a resident in
certain states in the United States and the Special Terms where You are
a resident of certain countries) or as otherwise required under
applicable law, any and all payments made to Grindr are final and all
charges are nonrefundable, and there are no refunds or credits for
partially used periods. Cancellations are effective the following
billing period in which payment is due, except as otherwise expressly
provided in this Agreement.
</li>
<li>
Taxes. Unless specified otherwise at the time of purchase, all
payments to Grindr are exclusive of all taxes, levies, or duties imposed
by taxing authorities, and You are responsible for payment of all such
taxes, levies, or duties.
</li>
<li>
Microtransactions. From time to time, You may be able to purchase
a limited, personal, non-transferable, non-sublicensable, revocable
license to certain add-on features for use solely in the Grindr Services
(collectively, “Microtransactions”). Grindr reserves the right to charge
fees, in its sole discretion, for the right to access or use add-on
features and/or may distribute add-on features with or without charge.
Grindr may manage, regulate, control, modify or eliminate
Microtransactions and/or add-on features at any time. Any add-on feature
balance shown in Your User Account does not constitute a real-world
balance or reflect any stored value but instead constitutes a
measurement of the extent of Your license. Add-on features do not incur
fees for non-use; however, the license granted to You from
Microtransactions will terminate in accordance with the terms of this
Agreement when We cease providing the Grindr Services or Your User
Account is otherwise closed or terminated. Grindr shall have no
liability to You or any third party in the event that Grindr exercises
any such rights. The provision of add-on features for use in the Grindr
Services is a service that commences immediately upon the acceptance of
such Microtransactions. ALL MICROTRANSACTIONS PURCHASES MADE THROUGH THE
GRINDR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT
GRINDR IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU
WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADD-ON FEATURES
WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR
INVOLUNTARY.
</li>
</ol>
</li>
<li>
YOUR USAGE.
<ol>
<li>
You acknowledge that some of the Grindr Services may only be accessed by
downloading the Grindr Software to Your device. You will not have the
opportunity to view Your User Content (including chat) unless You have
downloaded the Grindr Software and registered an account.
</li>
<li>
GRINDR RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S
USE OF THE GRINDR SERVICES, INCLUDING A USER’S REGISTRATION OR
MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION
INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, GRINDR ALSO
RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE
GRINDR SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER
USERS; OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT
ANY NOTICE OR OUR BEING LIABLE TO YOU. REFUNDS WILL ONLY BE GIVEN WHERE
EXPRESSLY PROVIDED IN THIS AGREEMENT.
</li>
<li>
You alone are responsible for Your involvement with other Users and for
all content and material that You provide to the Grindr Services. You
agree that Grindr will not be responsible for any loss or damage
incurred as the result of any such interactions. Grindr reserves the
right, but has no obligation, to monitor disagreements between You and
other Users.
</li>
<li>
Grindr does not control the content of User Accounts and profiles.
Grindr has the right, but does not have any obligation, to monitor such
content for any purpose. You acknowledge that You are solely responsible
for all content and material that You provide to the Grindr Services.
</li>
</ol>
</li><li>
OUR REFUSAL OR SUSPENSION OF YOUR SERVICE.
<ol>
<li>
You may terminate Your Account at any time for any reason, by following
the instructions given in the Grindr Services. Upon the cancellation of
Your account, this Agreement will immediately terminate, except as
provided in Section 25 below.
</li>
<li>
If You have a User Account set up for recurring billing for a Premium
Service, You may cancel Your User Account at any time. You will continue
to have the same access for any billing period or periods for which You
have paid.
</li>
<li>
Grindr may suspend or terminate any User Account You have with the
Grindr Services or Your access to or use of the Grindr Services or any
portion thereof, if Grindr believes that Your profile content or Your
conduct within the Grindr Services violates Our Terms of Service or You
have otherwise breached this Agreement, or for any other reason, in its
sole discretion, subject to Sections 12.4 and 12.5 below. Grindr may
also remove and discard all or any part of Your User Account or any User
Content (as defined below), at any time. You agree that any termination
of Your access to the Grindr Services or any User Account You may have
or portion thereof may be effected without prior notice (except as
provided in Section 12.4 below), and You agree that Grindr will not be
liable to You or any third party for any such termination and refunds
will only be given where expressly provided in this Agreement (including
Section 12.5 below). For example, We may deactivate Your User Account
due to prolonged inactivity. Without limitation of Our other rights, We
reserve the right to delete all Your User Content from the Grindr
Services upon any termination or cancellation of Your User Account. Any
suspected fraudulent, abusive illegal activity, or circumstances where
We believe there is a risk of physical harm or a threat to the safety of
others, may be grounds for termination of Your use of the Grindr
Services and may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies Grindr may have at
law or in equity.
</li>
<li>
If You have paid for a Premium Service, Grindr will give You at least 30
days’ notice of termination of Your access to the Grindr Services or any
User Account unless Your profile content or Your conduct within the
Grindr Services violates Our Terms of Service or You have otherwise
breached this Agreement, in which case Grindr may suspend or terminate
Your access to the Grindr Services or any User Account immediately.
</li>
<li>
If You have paid for a Premium Service and Grindr terminates Your access
to the Grindr Services or any user Account, Grindr will give a pro-rata
refund for any amounts pre-paid, but unused for such Premium Services;
provided that if Grindr terminates Your access to the Grindr Services or
any User Account because You have violated Our Terms of Service, Grindr
will be entitled to retain the amounts that You paid for the Grindr
Services. But where required by law (such as in the UK), Grindr will
only retain an amount to cover all costs and other losses it incurs as a
result of the violation or breach, which may still mean that no refund
is payable.
</li>
<li>
You acknowledge and agree that Google, Apple, or another third-party
platform provider (as applicable, based on the device and operating
system You use) may be the merchant of record for transactions involving
the Grindr Services. As such, You may need to request any refund to
which You are entitled under this Agreement through the App Store,
Google Play, or other third-party platform (as applicable).
</li>
<li>
If You believe that Grindr has suspended or terminated Your User Account
in error, You may contact Us at
<a href="mailto:[email protected]">[email protected]</a> at any time.
</li>
</ol>
</li><li>
USER CONTENT AND SYSTEM-GENERATED CONTENT.
<ol>
<li>
“Content” means User Content and System-Generated Content as defined
below.
</li>
<ol>
<li>
The Grindr Services allow the submission of content and materials
(such as pictures, ideas, notes, concepts, audio, video, or creative
suggestions) by You and other Users to Grindr and other Users,
including direct messages between users (“User Content”), and the
hosting, sharing and/or publishing of such User Content with Grindr
and other Users.
</li>
<li>
The Grindr Services may provide or utilize recommendations; text
image, audio, video, and other content (including messages); and other
features developed or created by our technology systems
(“System-Generated Content”). This System-Generated Content may be
generated by or with the use of AI Technology. For example, the Grindr
Services may use AI Technology to help present profiles of other users
that may be of interest to You or may recommend chat topic
conversations for You to leverage.
</li>
</ol>
<li>
As set forth in Section 2 above, You are solely responsible for Your own
User Content, the consequences of posting or publishing User Content,
and for Your interactions with other users.
</li>
<li>
In connection with Your User Content, You represent and warrant that:
(i) You own, or have the necessary licenses, rights, consents, and
permissions to use, and authorize Grindr to use, all intellectual
property and any other proprietary rights in and to any and all User
Content to enable inclusion and use of the User Content in the manner
contemplated by the Grindr Services and this Agreement; and (ii) You
have the written consent, release, and/or permission of each and every
identifiable individual person in the User Content to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the User Content in the manner contemplated by the
Grindr Services and this Agreement. For clarity, You shall retain all of
Your ownership rights in Your User Content.
</li>
<li>
You understand that when using the Grindr Services, You will be exposed
to Content from a variety of sources, and that Grindr is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of
or relating to such Content. You further understand and acknowledge that
You may be exposed to Content that is inaccurate, offensive, indecent,
or objectionable.
</li>
<li>
Grindr assumes no responsibility whatsoever in connection with or
arising from Content. Grindr assumes no responsibility for actively
monitoring Content for inappropriate content. If at any time Grindr
chooses, in its sole discretion, to monitor Content, Grindr nonetheless
assumes no responsibility for the content of the Content, no obligation
to modify or remove any inappropriate Content, and no responsibility for
the conduct of the User submitting Content. Further, Grindr does not
endorse and has no control over the content of User Content submitted by
other Users. Grindr makes no warranties, express or implied, as to the
Content or the accuracy and reliability of any Content. Nonetheless,
Grindr reserves the right to prevent You from submitting User Content
and to edit, restrict or remove User Content for any reason at any time.
</li>
<li>
User Content is owned by the User who submitted it, subject to Grindr’s
license to such User Content under this Agreement. You may not share,
display or duplicate the User Content of any other party, except as
permitted under this Agreement.
</li>
<li>
You hereby grant, and You represent and warrant that You have the right
to grant, to Grindr an irrevocable (subject to applicable law and our
<a
href="https://www.grindr.com/privacy-policy"
target="_blank"
rel="noopener"
>Privacy Policy</a
>), perpetual, nonexclusive, transferrable, sublicensable (through
unlimited tiers of sublicensees), royalty-free and fully paid worldwide
license to reproduce, distribute, publicly display and perform, prepare
derivative works of, incorporate into other works, and otherwise use and
exploit Your User Content, for the purposes of including Your User
Content in the Grindr Services and/or developing, maintaining and
improving the Grindr Services in accordance with Our Privacy Policy
(including, without limitation, to directly or indirectly create,
develop, train, test, deploy, operate, and otherwise improve AI
Technologies or other Grindr Services), and as otherwise permitted by
this Agreement. You agree to irrevocably waive (and cause to be waived)
any claims and assertions of moral rights or attribution with respect to
Your User Content. You also hereby grant to Grindr, in connection with a
sale of Grindr or the assets of Grindr, the right to sell or transfer
the User Content to a third party. Please see Our
<a
href="https://www.grindr.com/privacy-policy/"
target="_blank"
rel="noopener"
>Privacy Policy</a
>
for additional information about the use, collection, or sharing of Your
information, including User Content.
</li>
<li>
If You provide Grindr with any feedback or suggestions regarding the
Grindr Services (“Feedback”), You hereby grant Grindr the perpetual,
irrevocable, worldwide license (with the right to sublicense) to use
such Feedback and related information in any manner it deems
appropriate. Grindr will treat any Feedback You provide to Grindr as
non-confidential and non-proprietary to You. Grindr will have no
obligation under any circumstances to compensate You for any Feedback.
You agree that You will not submit to Grindr any information or ideas
that You consider to be confidential or proprietary, or for which You
expect to be compensated.
</li>
</ol>
</li>
<li>
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
<ol>
<li>
The Grindr Services may include links to other websites or services,
whether through advertising or otherwise (“Third-Party Websites”),
solely as a convenience to Users. Grindr does not endorse any such
linked sites or the information, material, products or services
contained on other linked sites or accessible through other linked
sites. Furthermore, Grindr makes no express or implied warranties with
regard to the information, material, products or services that are
contained on or accessible through linked sites. Access and use of
linked sites, including information, material, products and services on
linked sites or available through linked sites is solely at Your own
risk. We do not control these Third-Party Websites and this Agreement
does not apply to companies that Grindr does not own or control, or to
the actions of people that Grindr does not employ or manage. You should
always check the terms of use posted on Third-Party Websites.
</li>
<li>
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Grindr Services are
solely between You and such advertiser. You agree that Grindr will not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Grindr Services.
</li>
<li>
Parties other than Grindr may provide services or sell products via the
Grindr Services. We are not responsible for examining or evaluating, and
We do not warrant the offerings of, any of these businesses or the
content of their product and service offerings. Grindr does not assume
any responsibility or liability for the actions, product, and content of
all these and any other third parties. You should carefully review the
third parties’ privacy statements and other terms and conditions of use.
</li>
<li>
By Your use of third-party applications that connect with the Grindr
Services (“Third-Party Applications”), You acknowledge and agree that
Grindr may transmit User Content to Third-Party Websites or Third-Party
Applications through application protocol interfaces developed and
maintained by those Third-Party Websites or Third-Party Applications.
Grindr is not responsible for the transmission of the User Content from
the Grindr Services to Third-Party Websites or Third-Party Applications,
nor the use of the User Content on any Third-Party Websites or
Third-Party Applications. You should review the terms of service and
privacy policies of any Third-Party Websites or Third-Party
Applications. Please remember the way Third-Party Applications use,
store, and disclose Your information is governed solely by the policies
of those Third-Party Applications, and We have no liability or
responsibility for the privacy practices or other actions of any
third-party website or service that may be enabled within the Services.
Grindr is not responsible for and does not endorse any features,
content, or other materials on or available from Third-Party Sites or
Third-Party Applications. Grindr also does not screen, audit, or endorse
Third-Party Sites or Third-Party Applications. Accordingly, if You
decide to access Third-Party Sites or Third-Party Applications, You do
so at Your own risk and agree that Your use of any Third-Party Sites or
Third-Party Applications is on an “as-is” basis without any warranty as
to the Third-Party Sites or Third-Party Applications’ actions, and that
this Agreement does not apply to Your use of any Third-Party Sites or
Third-Party Applications.
</li>
<li>
You acknowledge and agree that Grindr may incorporate Your User Content
and location information for User Accounts from the Grindr Services with
third-party information sources and third-party applications in the
provisioning of the Grindr Services.
</li>
<li>
To the extent that any of Your User Content contains Your personal data
(as defined in the Privacy Policy), any transfer of such personal data
will be subject to Our Privacy Policy and the Third-Party’s privacy
policy.
</li>
</ol>
</li>
<li>
ADVERTISING. Grindr and its licensees may publicly display
advertisements and other information adjacent to Your Content. You are not
entitled to any compensation for such advertisements. The manner, mode and
extent of such advertising are subject to change without specific notice or
Our being liable to You.
</li>
<li>
END USER LICENSES.
<ol>
<li>
Your Device. To use the Grindr Software You must have a mobile or
other device that is compatible with the Grindr Services. Grindr does
not warrant that the Grindr Services will be compatible with Your
device. You are responsible for any mobile or data charges that You may
incur for using the Grindr Services on Your device, including
text-messaging, roaming charges, and data charges. If You are unsure
about the charges that will apply, please contact Your mobile, internet,
or other service provider before using the Grindr Services.
</li>
<li>
License Grant. Subject to Your compliance with the terms of this
Agreement, Grindr hereby grants You a non-exclusive, non-transferable,
revocable license to (i) use a compiled code copy of the Grindr Software
for Your Account on a mobile device or other device owned or leased
solely by You, for Your personal, noncommercial use; and (ii) use the
Grindr Services (other than the Grindr Software) for Your personal,
noncommercial use for the use intended by Grindr, as publicly
communicated by Grindr from time to time.
</li>
<li>
Restrictions. You may NOT: (i) modify, disassemble, decompile or
reverse engineer the Grindr Services or any technology made available in
connection with the Grindr Services, except to the extent that such
restriction is expressly prohibited by law without possibility of
contractual waiver; (ii) rent, lease, loan, resell, sublicense,
distribute or otherwise transfer the Grindr Services to any third party
or use the Grindr Services to provide time sharing or similar services
for any third party; (iii) make any copies of the Grindr Services; (iv)
remove, circumvent, disable, damage or otherwise interfere with
security-related features of the Grindr Services, features that prevent
or restrict use or copying of any content accessible through the Grindr
Services, or features that enforce limitations on use of the Grindr
Services; (v) create extensions of, products related to, or that
interoperate with, the Grindr Services, except to the extent that such
restriction is expressly prohibited by law without possibility of
contractual waiver; or (vi) delete the copyright and other proprietary
rights notices on the Grindr Services.
</li>
<li>
Upgrades. You acknowledge that Grindr may from time-to-time issue
upgraded versions of the Grindr Services, and may automatically
electronically upgrade the version of the Grindr Services that You are
using on Your mobile device or otherwise. You consent to such automatic
upgrading on Your mobile device or otherwise, and agree that the terms
and conditions of this Agreement will apply to all such upgrades. You
agree that Grindr will not be liable to You for any such upgrades.
</li>
<li>
Open Source. To the extent that the Grindr Services utilize any
open source or third-party code that may be incorporated in the Grindr
Services, such open source or third-party code is covered by the
applicable open source or third-party license EULA, if any, authorizing
use of such code.
</li>
<li>
Rights Reserved. The foregoing license granted under this
Agreement is not a sale of the Grindr Services or any copy thereof and
Grindr or its third-party partners or suppliers retain all right, title,
and interest in the Grindr Services (and any copy thereof). Any attempt
by You to transfer any of the rights, duties or obligations hereunder,
except as expressly provided for in this Agreement, is void. Grindr
reserves all rights not expressly granted under this Agreement.
</li>
<li>
Trademarks, Service Marks and Logos. The names and logos
associated with the Grindr Services are the property of Grindr. No use
of these marks is permitted except through the prior written
authorization and permission of Grindr. All rights reserved.
</li>
<li>
Government End Users. The Grindr Services are intended for the
use by individuals, not government entities. If Grindr authorizes the
use of the Grindr Services on behalf of the United States Government or
the United States Government uses the Grindr Service without
authorization, then use, duplication, display, modification,
reproduction, release, performance, distribution and disclosure of the
Grindr Services (or portion thereof) by the U.S. Government is subject
to restrictions set forth in this Agreement and as provided in DFARS
227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii)
(OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT
III), as applicable. Otherwise, nothing in this Agreement or otherwise
will give a government user rights to the Grindr Services broader than
those set forth in this Agreement.
</li>
<li>
Export Control. The Grindr Services originate in the United
States and are subject to United States export laws and regulations. The
Grindr Services may not be exported or re-exported by You to certain
countries or those persons or entities prohibited from receiving exports
from the United States. In addition, the Grindr Services may be subject
to the import and export laws of other countries. You agree to comply
with all United States and foreign laws related to use of the Grindr
Services.
</li>
<li>
App Stores. You acknowledge and agree that the availability of
the Grindr Services is dependent on the third party from which You
received the Grindr Services, e.g., the Google Play Store or Apple App
Store (each, an “App Store”). You acknowledge that this Agreement is
between You and Grindr and not with the App Store. Each App Store may
have its own terms and conditions to which You must agree before
downloading the Grindr Services from it. You agree to comply with, and
Your license to use the Grindr Services is conditioned upon Your
compliance with, all applicable terms and conditions of the applicable
App Store.
</li>
</ol>
</li>
<li>
OUR DISCLAIMERS; NO WARRANTIES TO YOU.
<ol>
<li>
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO THE “SPECIAL TERMS FOR
INTERNATIONAL USERS” FOR CERTAIN EXCEPTIONS FOR SUCH USERS.
</li>
<li>
THE GRINDR SERVICES AND ANY SOFTWARE, SERVICES, OR APPLICATIONS MADE
AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GRINDR SERVICES ARE
PROVIDED, TO THE FULLEST EXTENT PERMITTED BY LAW, “AS IS”, “AS
AVAILABLE”, AND “WITH ALL FAULTS”, AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. GRINDR, AND ITS SUPPLIERS, AFFILIATES, AND
LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
</li>
<li>
GRINDR AND ITS SUPPLIERS AND LICENSORS, DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE GRINDR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRINDR SERVICES
OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
</li>
<li>
GRINDR AND ITS SUPPLIERS AND LICENSORS (INCLUDING GRINDR’S THIRD-PARTY
WIRELESS CARRIER LICENSORS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION
OR THE OTHER GRINDR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GRINDR OR ITS
SUPPLIERS OR LICENSORS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES
OR EQUIPMENT NECESSARY TO ACCESS THE GRINDR SERVICES. YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE
USE OF THE GRINDR SERVICES AT YOUR OWN DISCRETION AND RISK.
</li>
<li>
GRINDR TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER
MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE GRINDR
SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE GRINDR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
</li>
<li>
GRINDR DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR
ANY OTHER MEMBER, ON OR OFF THE GRINDR SERVICES.
</li>
<li>
WE WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR
OBLIGATIONS UNDER THIS AGREEMENT OR FOR ANY SERVICE FAILURE IF THE DELAY
OR FAILURE ARISES FROM ANY FORCE MAJEURE EVENT OR ANY CAUSE WHICH IS
BEYOND OUR REASONABLE CONTROL.
</li>
</ol>
</li>
<li>
YOUR INDEMNIFICATION OF US; YOU HOLD GRINDR HARMLESS.
You agree, to the fullest extent permitted under applicable law, to
indemnify, defend, and hold Grindr (and its affiliated companies,
contractors, employees, agents, suppliers, licensors, successors, and
assigns) harmless from any and all claims, demands, suits, actions, losses,
costs, damages, and any other liabilities, including attorneys’ fees or any
right of contribution, indemnification, subrogation, or any similar right,
brought by a third party arising out of or in any way related to:
<ul>
<li>
Your access to, use of, or misuse of the Grindr Services (including any
negligent acts, omissions or willful misconduct by You and Your use or
misuse of any location data);
</li>
<li>User Content;</li>
<li>
Your interactions with other user on the Grindr Services or off of the
Grindr services (including any violation by You of the rights of any
other person or entity);
</li>
<li>
Your breach of this Agreement or any other policies governing the Grindr
Services, including the Guidelines; or
</li>
<li>
Any third-party site, products, services, and links included on or
accessed through the Grindr Service.
</li>
</ul>
</li>

Grindr reserves the right, at Your expense, to assume the exclusive defense
and control of any matter for which You are required to indemnify Us, and
You will not in any event settle any claim without Our prior written
consent. You agree to cooperate with Our defense of these claims. This
defense and indemnification obligation is intended to extend to the fullest
extent permitted by law and will survive this Agreement and Your use of the
Grindr Services.
<li>
LIMITATION OF OUR LIABILITY AND OF YOUR DAMAGES.
<ol>
<li>
CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE PROVISIONS
BELOW MAY NOT APPLY TO YOU. PLEASE REFER TO THE SPECIAL TERMS FOR
CERTAIN EXCEPTIONS FOR SUCH USERS.
</li>
<li>
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
GRINDR (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION 19, ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY LICENSORS OR SUPPLIERS)
BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
RELIANCE, CONSEQUENTIAL, MULTIPLE, OR EXEMPLARY DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES RELATING TO ANY ACCIDENT, PHYSICAL OR MENTAL
INJURY, DEATH, LOSS, OR OTHER CAUSE, OR TO ANY LOSS OF DATA, OR GOODWILL
OR OTHER INTANGIBLE LOSS) RELATED TO OR RESULTING FROM: (A) YOUR USE OF
THE GRINDR SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR
LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE GRINDR
SERVICES; (D) THE GRINDR SERVICES GENERALLY (INCLUDING THE GRINDR
SOFTWARE) OR SYSTEMS THAT MAKE THE GRINDR SERVICES AVAILABLE; OR (E) ANY
OTHER INTERACTIONS WITH GRINDR OR ANY OTHER USER OF THE GRINDR SERVICES,
EVEN IF GRINDR OR A GRINDR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF
LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL
APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
</li>
<li>
IN NO EVENT SHALL GRINDR’S (OR ITS AFFILIATES’, CONTRACTORS’,
EMPLOYEES’, AGENTS’, SUPPLIERS’, OR THIRD-PARTY LICENSORS’ OR
SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF
THE GRINDR SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE
GRINDR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE
DATE OF YOUR CLAIM OR FIFTY ($50) DOLLARS, WHICHEVER IS GREATER.
</li>
<li>
THIS SECTION 19 IS NOT INTENDED TO EXCLUDE LIABILITY THAT GRINDR MAY NOT
EXCLUDE UNDER APPLICABLE LAW.
</li>
</ol>
</li>
<li>
YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH GRINDR. YOU
ACKNOWLEDGE AND AGREE THAT GRINDR HAS OFFERED THE GRINDR SERVICES, SET ITS
PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER
ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF
LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR
ALLOCATION OF RISK BETWEEN YOU AND GRINDR, AND THAT THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN
ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GRINDR. GRINDR WOULD NOT BE
ABLE TO PROVIDE THE GRINDR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE
BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
</li>
<li>
YOU RELEASE US. To the fullest extent permitted by
applicable law, You hereby release and forever discharge Us (and Our
affiliated companies, contractors, employees, agents, suppliers, licensors,
successors, and assigns) from, and hereby waive and relinquish, each and
every past, present and future dispute, claim, controversy, demand, right,
obligation, liability, action and cause of action of every kind and nature
(including personal injuries, emotional distress, identity theft, death,
property loss and damage, or any right of contribution, indemnification, or
subrogation), that has arisen or arises directly or indirectly out of, or
relates directly or indirectly to:
<ul>
<li>
Your access to, use of, or misuse of the Grindr Services (including Your
use or misuse of any location data);
</li>
<li>User Content;</li>
<li>System-Generated Content;</li>
<li>
Your interactions with other users on the Grindr Services or off of the
Grindr services (including any violation by You of the rights of any
other person or entity);
</li>
<li>
Your breach of this Agreement or any other policies governing the Grindr
Services, including the Guidelines; or
</li>
<li>
Any third-party site, products, services, and links included on or
accessed through the Grindr Service.
</li>
</ul>
</li>

If You are a California resident, You hereby waive California Civil Code
Section 1542, which states, “A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release and that, if known by
him or her, would have materially affected his or her settlement with the
debtor or released party.”

<li>
RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE.
Please read the following arbitration provision carefully. Unless You opt
out in the manner described in subsections 13 and 14 below, this arbitration
provision requires You and Grindr to arbitrate disputes and limits the
manner in which relief may be sought (“Arbitration Agreement”).
<ol>
<li>
You and Grindr agree that any dispute arising out of or relating in any
way to Your use of or access to the Grindr Services, including the
validity, scope, interpretation, breach, enforcement, or termination of
this Agreement, or otherwise relating to Grindr in any way
(collectively, “Covered Dispute Matters” or “Disputes”) will be resolved
in accordance with the provisions set forth in this Section 22. For
avoidance of doubt, this Arbitration Agreement shall not apply to claims
where such application is prohibited by applicable law.
</li>
<li>
Informal Resolution. You and Grindr agree that good faith,
informal efforts to resolve Disputes can result in a prompt, low-cost,
and mutually-beneficial outcome. You and Grindr therefore agree that
before either party commences arbitration against the other (or
initiates an action in small claims court if a party so elects), You and
We will personally meet and confer telephonically or via
videoconference, in a good faith effort to resolve informally any
Dispute covered by this Arbitration Agreement (“Informal Dispute
Resolution Conference” or “Conference”). If You are represented by
counsel, Your counsel may participate in the conference, but You will
also participate in the conference. The party initiating a Dispute must
give notice to the other party in writing of its intent to initiate a
Conference (“Notice”), which shall occur within forty-five (45) days
after the other party receives such Notice, unless an extension is
mutually agreed upon by the parties. Notice to Grindr that You intend to
initiate a Conference should be sent by email to
<a href="mailto:[email protected]">[email protected]</a>. The Notice must
include: (1) Your name, phone number, mailing address, and the email
address associated with Your User Account (if You have one); (2) the
name, telephone number, mailing address and email address of Your
counsel, if any; and (3) a description of Your Dispute. The Conference
shall be individualized such that a separate Conference must be held
each time either party initiates a Dispute, even if the same law firm or
group of law firms represents multiple users in similar cases, unless
all parties agree; multiple individuals initiating a Dispute cannot
participate in the same Conference unless all parties agree. In the time
between a party receiving the Notice and the Conference, nothing in this
Arbitration Agreement shall prohibit the parties from engaging in
informal communications to resolve the initiating party’s Dispute.
Engaging in the Conference is a condition precedent and requirement that
must be fulfilled before commencing arbitration. The statute of
limitations and any filing fee deadlines shall be tolled while the
parties engage in the Conference process required by this section.
</li>
<li>
Applicable Law. You and We agree that United States federal law
including Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and (to
the extent not inconsistent with or pre-empted by federal law) the laws
of the State of California, USA, without regard to conflict of laws
principles, will govern all Covered Dispute Matters, except as may be
expressly provided in the Special Terms.
</li>
<li>
Our Arbitration. You and We agree that this provision and each of
its parts evidence a transaction involving interstate commerce, and the
FAA applies in all cases and governs the interpretation and enforcement
of the arbitration rules and arbitration proceedings. Any Covered
Dispute Matter must be asserted individually in binding arbitration
administered by the American Arbitration Association (“AAA”) in
accordance with its Consumer Arbitration Rules (including utilizing
desk, phone or video conference proceedings where appropriate and
permitted to mitigate costs of travel) available at
<a
href="https://www.adr.org/sites/default/files/Consumer%20Rules.pdf"
target="_blank"
rel="noopener"
>https://www.adr.org/sites/default/files/Consumer%20Rules.pdf</a
>. If AAA is not available to arbitrate, the parties will select an
alternative arbitral forum. If the Informal Dispute Resolution
Conference does not resolve the Dispute in a satisfactory manner within
forty-five (45) days after receipt of a Notice, You and Grindr agree
that either party shall have the right to finally resolve the Dispute
through binding arbitration in accordance with this Arbitration
Agreement. 
 
A party who wishes to initiate arbitration must provide the other party
with a request for arbitration (the “Request”). The Request must include
(1) the name, telephone number, mailing address, email address of the
party seeking arbitration and the account username (if applicable) as
well as the email address associated with any applicable User Account;
(2) a statement of the legal claims being asserted and the factual bases
of those claims; (3) a description of the remedy sought and an accurate,
good-faith calculation of the amount in controversy in United States
Dollars; (4) a statement certifying completion of the Information
Dispute Resolution process as above; and (5) evidence that the
requesting party has paid any necessary filing fees in connection with
such arbitration. If the party requesting arbitration is represented by
counsel, the Request shall also include counsel’s name, telephone
number, mailing address, and email address. Such counsel must also sign
the Request. By signing the Request, counsel certifies to the best of
counsel’s knowledge, information, and belief, formed after an inquiry
reasonable under the circumstances that: (1) the Request is not being
presented for any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of dispute resolution; (2) the
claims, defenses and other legal contentions are warranted by existing
law or by a nonfrivolous argument for extending, modifying, or reversing
existing law or for establishing new law; and (3) the factual and
damages contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery. 
 
The arbitrator will be either a retired judge or an attorney licensed to
practice law in the state of California and will be selected by the
parties from the AAA’s roster of consumer dispute arbitrators. If the
parties are unable to agree upon an arbitrator within thirty-five (35)
days of delivery of the Request, then the AAA will appoint the
arbitrator in accordance with the AAA Rules, provided that if the Batch
Arbitration (defined below) process under subsection 9 is triggered, the
AAA will appoint the arbitrator for each batch. 
 
Unless You and Grindr otherwise agree, the arbitration will be conducted
in the county where You reside, or as determined by the arbitrator in
the case of Batch Arbitration. Unless You and Grindr otherwise agree,
the arbitration will be conducted virtually via video or teleconference.
Upon request by either party, the arbitrator may, at their discretion,
require an in-person hearing. You and We agree that the arbitrator shall
have exclusive authority to resolve any Dispute, including, without
limitation, disputes regarding the interpretation or application of the
Arbitration Agreement, including the enforceability, revocability,
scope, or validity of the Arbitration Agreement or any portion of the
Arbitration Agreement, except that all Disputes regarding the subsection
entitled “Waiver of Certain Rights,” including any claim or Dispute that
all or part of that subsection is unenforceable, illegal, void or
voidable, or that that such subsection has been breached, shall be
decided by a court of competent jurisdiction and not by an arbitrator.
The arbitrator shall have the authority to grant motions dispositive of
all or part of any Dispute.
</li>
<li>
The Arbitrator’s Award to You or Us. You and We agree that for
matters where the relief sought is over $5,000, the arbitrator’s written
decision will include the essential findings and conclusions upon which
the arbitrator based the award. The arbitrator will decide the substance
of all claims in accordance with applicable law, including recognized
principles of equity, and will honor all claims of privilege recognized
by law. The arbitrator shall not be bound by rulings in prior
arbitrations involving different Users, but is bound by rulings in prior
arbitrations involving the same Grindr User to the extent required by
applicable law. You and We agree that the arbitrator’s award shall be
final and binding, and judgment on the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof.
</li>
<li>
Injunctive and Declaratory Relief. Subject to this Arbitration
Agreement, the arbitrator may award declaratory or injunctive relief
only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by the party’s individual
claim. Nothing in this paragraph is intended to, nor shall it, affect
the terms and conditions under the subsection 9 entitled “Batch
Arbitration.”
</li>
<li>
Exceptions To Our Agreement To Arbitrate Disputes. There are
three exceptions to this provision to arbitrate:
<ol>
<li>
First, if either party reasonably believes that the other party has
in any manner violated or threatened to infringe the intellectual
property rights of the other party, the party whose rights have been
violated may seek injunctive or other appropriate interim relief in
any court of competent jurisdiction.
</li>
<li>
Second, each party will retain the right to seek relief in a small
claims court for disputes or claims within the scope of the
jurisdiction of such courts.
</li>
<li>
Third, where application of this provision to arbitrate is
prohibited by applicable law.
</li>
</ol>
</li>
<li>
Costs of Arbitration. You and We agree that payment of all
filing, administration, and arbitrator fees will be governed by the
AAA’s rules, unless otherwise stated in this provision to arbitrate. The
parties shall bear their own attorneys’ fees and costs in arbitration
unless the arbitrator finds that either the substance of the dispute or
the relief sought in the request for arbitration was frivolous or was
brought for an improper purpose (as measured by the standards set forth
in Federal Rule of Civil Procedure 11(b)).
</li>
<li>
Batch Arbitration. To increase the efficiency of administration
and resolution of arbitrations, You and Grindr agree that in the event
that there are ten (10) or more individual requests for arbitration of a
substantially similar nature filed against Grindr by or with the
assistance of the same law firm, group of law firms, or organizations,
within a ninety (90) day period (or as soon as possible thereafter), the
AAA shall (1) administer the arbitration demands in batches of 100
requests per batch (or, if between ten (10) and ninety-nine (99)
individual Requests are filed, a single batch of all those Requests,
and, to the extent there are less than 100 Requests remaining after the
batching described above, a final batch consisting of the remaining
Requests); (2) appoint one arbitrator for each batch; and (3) provide
for the resolution of each batch as a single consolidated arbitration
with one set of filing and administrative fees due per side per batch,
one procedural calendar, one hearing (if any) in a place to be
determined by the arbitrator, and one final award (“Batch
Arbitration”). 
All parties agree that requests are of a “substantially similar nature”
if they arise out of or relate to the same event or factual scenario and
raise the same or similar legal issues and seek the same or similar
relief. To the extent the parties disagree on the application of the
Batch Arbitration process, the disagreeing party shall advise the AAA,
and the AAA shall appoint a sole standing arbitrator to determine the
applicability of the Batch Arbitration process (“Administrative
Arbitrator”). In an effort to expedite resolution of any such dispute by
the Administrative Arbitrator, the parties agree the Administrative
Arbitrator may set forth such procedures as are necessary to resolve any
disputes promptly. The Administrative Arbitrator’s fees shall be paid by
Grindr. 
You and Grindr agree to cooperate in good faith with the AAA to
implement the Batch Arbitration process including the payment of single
filing and administrative fees for batches of requests, as well as any
steps to minimize the time and costs of arbitration, which may include:
(1) the appointment of a discovery special master to assist the
arbitrator in the resolution of discovery disputes; and (2) the adoption
of an expedited calendar of the arbitration proceedings. 
This Batch Arbitration provision shall in no way be interpreted as
authorizing a class, collective and/or mass arbitration or action of any
kind, or arbitration involving joint or consolidated claims under any
circumstances, except as expressly set forth in this subsection.
</li>
<li>
Future Amendments to the Agreement to Arbitrate. Notwithstanding
any provision in this Agreement to the contrary, You and We agree that
if We make any material amendment to this Arbitration Agreement in the
future, We will notify You and that amendment shall not apply to any
claim that was filed in a legal proceeding against Grindr prior to the
effective date of the amendment. However, the amendment shall apply to
all other disputes or claims governed by the agreement to arbitrate that
have arisen or may arise between You and Grindr. If You do not agree to
these amended terms, You may close Your User Account within thirty (30)
days of the posting or notification and You will not be bound by the
amended terms. Changes to this Arbitration Agreement do not provide You
with a new opportunity to opt out of the Arbitration Agreement if You
have previously agreed to a version of this Arbitration Agreement and
did not validly opt out of arbitration.
</li>
<li>
Judicial Forum for Legal Disputes. Unless You and We agree
otherwise and except as described in Section 22.7.2 (Small Claims
Court), in the event that the agreement to arbitrate above is found not
to apply to You or to a particular claim or dispute, either as a result
of Your decision to opt out of the agreement to arbitrate, as a result
of a decision by the arbitrator or a court order, because the claim is
not subject to arbitration pursuant to applicable law, or because You
are an international user to which this agreement to arbitrate does not
apply, You agree (except as otherwise provided by law) that any claim or
dispute that has arisen or may arise between You and Grindr must be
resolved exclusively by a state or federal court located in Los Angeles
County, California. You and Grindr agree to submit to the exclusive
personal jurisdiction of the courts located within Los Angeles County,
California for the purpose of litigating all such claims or disputes.
</li>
<li>
Arbitration Severability Clause. Except as provided in the
subsection entitled “Waiver of Certain Rights,” if any part or parts of
this Arbitration Agreement are found under the law to be invalid or
unenforceable, then such specific part or parts shall be of no force and
effect and shall be severed and the remainder of the Arbitration
Agreement will remain in full force.
</li>
<li>
YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW GRINDR USER, YOU
CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY
EMAILING US AN OPT-OUT NOTICE TO
<a href="mailto:[email protected]"
>[email protected]</a
>
(“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN
THIRTY-ONE (31) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS
AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW GRINDR USER, YOU HAVE
UNTIL THIRTY-ONE (31) DAYS AFTER THE POSTING OF MATERIAL CHANGES TO THE
ARBITRATION PROVISION TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
</li>
<li>
Arbitration Opt-Out Procedure. In order to opt-out, within
thirty-one (31) days after You accept the terms of this Agreement for
the first time, or the modified terms following a material change of
this Arbitration Agreement, You must email Your legal name, mailing
address (including street address, city, state, and zip code), email
address(es) associated with Your Account(s) to which the opt-out
applies, and an unaltered digital image of Your valid driver’s license
to:
<a href="mailto:[email protected]"
>[email protected]</a
>. This procedure is the only way You can opt out of the agreement to
arbitrate. If You opt out of the agreement to arbitrate, all other parts
of this Agreement and this Disputes Section (including Sections 20 (You
Acknowledge the Benefit of the Bargain with Grindr) and 15 through 19
(15 -Advertising; 16 – End User Licenses; 17 – Our Disclaimers; No
Warranties to You, 18 – Your Indemnification of Us; You Hold Grindr
Harmless, and 19 – Limitation of Our Liability and of Your Damages))
will continue to apply to You.
Opting out of this agreement to arbitrate has no effect on any
previous, other, or future arbitration agreements that You may have
with Us.
</li>
<li>
WAIVER OF CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU AND
GRINDR HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS
TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY (OTHER
THAN SMALL CLAIMS COURT AS PROVIDED ABOVE. EACH OF US MAY BRING CLAIMS
AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL
RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR
ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
ONLY INDIVIDUAL RELIEF IS AVAILABLE. YOU AGREE THAT YOU CANNOT SERVE AS
A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST
US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED
UNDER THIS AGREEMENT EXCEPT AS SPECIFIED IN SUBSECTION 9 OF THIS SECTION
ABOVE. You and Grindr are instead electing that all Disputes shall be
resolved by arbitration under this Arbitration Agreement, except as
specified in subsection 9 above. There is no judge or jury in
arbitration, and court review of an arbitration award is subject to very
limited review. Notwithstanding anything to the contrary in this
Arbitration Agreement, if a final decision, not subject to any further
appeal or recourse, determines that the limitations of this subsection,
“Waiver of Certain Rights,” are invalid or unenforceable as to a
particular claim or request for relief (such as a request for public
injunctive relief ), You and Grindr agree that that particular claim or
request for relief (and only that particular claim or request for
relief) shall be severed from the arbitration and may be litigated in
the state or federal courts located in the State of California. All
other Disputes shall be arbitrated or litigated in small claims court.
This subsection does not prevent You or Grindr from participating in a
class-wide settlement of claims.
</li>
<li>
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. You and Grindr further
agree that any Dispute that either has as detailed in this Arbitration
Agreement must be initiated via arbitration within the applicable
statute of limitation for that claim or controversy, or it will be
forever time barred. Likewise, You agree that all applicable statutes of
limitation will apply to such arbitration in the same manner as those
statutes of limitation would apply in the applicable court of competent
jurisdiction.
</li>
</ol>
</li>
<li>
NOTICE AND TAKEDOWN POLICY.
<ol>
<li>
Grindr respects intellectual property rights and expects its Users to do
the same. Grindr will promptly terminate without notice the accounts of
Users that are determined by Grindr to be “repeat infringers.” A repeat
infringer is a User who has been notified by Grindr of infringing
activity violations more than twice and/or who has had a User Content
removed from the Grindr Services more than twice. (Note that We reserve
the right to terminate accounts for a single infringement as well
pursuant to Section 8).
</li>
<li>
If You are a copyright owner or an agent thereof, and You believe that
any content hosted on any Grindr Services infringes Your copyrights,
then You may submit a notification by providing Grindr’s Designated
Copyright Agent with the following information in writing:
<ol>
<li>
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
</li>
<li>
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works on the applicable
Grindr Services are covered by a single notification, a
representative list of such works on the applicable Grindr Services;
</li>
<li>
Identification of the 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 Grindr to locate the material;
</li>
<li>
Information reasonably sufficient to permit Grindr to contact the
complaining party, such as an address, telephone number, and, if
available, an email address at which the complaining party may be
contacted;
</li>
<li>
A statement that the complaining party has 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 (for example, “I am under
the good faith belief that the use of the copyrighted content that
is identified herein is not authorized by the copyright owner, its
agent, or the law.”); and
</li>
<li>
A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed (for example, “I swear, under penalty of
perjury, that the information in this notification is accurate and
that I am the copyright owner, or authorized to act on behalf of the
copyright owner, of the copyright(s) that is allegedly infringed by
the aforementioned content.”).
</li>
</ol>
</li>
<li>
Grindr’s Designated Copyright Agent to receive notifications of claimed
infringement can be reached as follows: 
Grindr LLC 
 
Attention: Copyright Agent 
 
Email: <a href="mailto:[email protected]">[email protected] </a>For
clarity, only notices under this Section should go to the Grindr
Designated Copyright Agent. You acknowledge that if You fail to comply
with all of the requirements of this Section 23, Your DMCA notice may
not be valid. Please note that under Section 512(f) of the US Copyright
Act, any person who knowingly materially misrepresents that material or
activity is infringing may be subject to liability.
</li>
</ol>
</li><li>
APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. The
following additional terms and conditions apply to You if You are using
Grindr Software from the Apple App Store. To the extent the other terms and
conditions of this Agreement are less restrictive than, or otherwise
conflict with, the terms and conditions of this Section 24, the more
restrictive or conflicting terms and conditions in this Section 24 apply,
but solely with respect to Grindr Software from the Apple App Store:
<ol>
<li>
Acknowledgement. Grindr and You acknowledge that this Agreement
is concluded between Grindr and You only, and not with Apple, and that
Grindr, not Apple, is solely responsible for Grindr Software and the
content thereof. To the extent this Agreement provides for usage rules
for Grindr Software that are less restrictive than the Usage Rules set
forth for Grindr Software in, or otherwise is in conflict with, the
Apple App Store Terms of Service, the more restrictive or conflicting
Apple term applies.
</li>
<li>
Scope of License. The license granted to You for Grindr Software
is limited to a non-transferable license to use Grindr Software on an
iOS product that You own or control and as permitted by the Usage Rules
set forth in the Apple App Store Terms of Service.
</li>
<li>
Maintenance and Support. Grindr is solely responsible for
providing any maintenance and support services with respect to Grindr
Software, as specified in this Agreement (if any), or as required under
applicable law. Grindr and You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect
to Grindr Software.
</li>
<li>
Warranty. Grindr is solely responsible for any product
warranties, whether express or implied by law, to the extent not
effectively disclaimed. In the event of any failure of Grindr Software
to conform to any applicable warranty, You may notify Apple, and Apple
will refund the purchase price for Grindr Software to You; and to the
maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to Grindr Software, and any
other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be Grindr’s
sole responsibility.
</li>
<li>
Product Claims. Grindr and You acknowledge that Grindr, not
Apple, is responsible for addressing any claims of You or any third
party relating to Grindr Software or Your possession and/or use of
Grindr Software, including: (i) product liability claims; (ii) any claim
that Grindr Software fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. This Agreement does not limit
Grindr’s liability to You beyond what is permitted by applicable law.
</li>
<li>
Intellectual Property Rights. Grindr and You acknowledge that, in
the event of any third-party claim that Grindr Software or Your
possession and use of Grindr Software infringes that third party’s
intellectual property rights, Grindr, not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of
any such intellectual property infringement claim.
</li>
<li>
Developer Name and Address. Grindr’s contact information for any
end-user questions, complaints or claims with respect to Grindr Software
is set forth in Section 27.8 below.
</li>
<li>
Third-Party Terms of Agreement. You must comply with applicable
third-party terms of agreement when using Grindr Software.
</li>
<li>
Third-Party Beneficiary. Grindr and You acknowledge and agree
that Apple, and Apple’s subsidiaries, are third-party beneficiaries of
this Agreement, and that, upon Your acceptance of the terms and
conditions of this Agreement, Apple will have the right (and will be
deemed to have accepted the right) to enforce this Agreement against You
as a third-party beneficiary thereof.
</li>
</ol>
</li>
<li>
SPECIAL TERMS REGARDING YOUR RIGHT TO CANCEL IN CERTAIN STATES.
The following provisions are added to this Agreement for paid subscription
Users residing in Arizona, California, Colorado, Connecticut, Illinois,
Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin,
and any other state with laws which may require notice of cancellation
rights: You, the buyer, may cancel this Agreement or Your subscription, and
request a refund, without any penalty or obligation, at any time prior to
midnight of the original contract seller’s third business day following the
date of this Agreement, excluding Sundays and holidays. To cancel this
Agreement or subscription and request a refund, mail or deliver a signed and
dated notice which states that You, the buyer, are canceling this Agreement
or subscription, or words of similar effect. This notice shall be sent to
the following address along with the email address or phone number used to
create Your Grindr account: 
Grindr LLC 
Attn: Cancellations 
P.O. Box 69176 
West Hollywood, CA 90069 
For subscriptions purchased through the Apple App Store or the Google Play
Store, You will also need to access Your account with that store and follow
instructions to change or cancel Your subscription and, if applicable,
obtain a refund. 
In the event that You die before the end of Your paid subscription period,
Your estate shall be entitled to a refund of that portion of any payment You
had made for Your paid subscription which is allocable to the period after
Your death. In the event that You become disabled (such that You are unable
to use the paid subscription and the condition is verified in writing by a
physician) before the end of Your paid subscription period, You shall be
entitled to a refund of that portion of any payment You had made for Your
subscription which is allocable to the period after Your disability, by
providing Grindr notice at the same address as listed above.
</li>
<li>
SAFETY POLICY: Information about Grindr’s approach to
safety is available
<a
href="https://help.grindr.com/hc/en-us/categories/1500001110042-Safety-Privacy"
target="_blank"
rel="noopener"
>here</a
>.
</li>
<li>MISCELLANEOUS PROVISIONS.</li>
<ol>
<li>
Severability, Waiver of Agreement Provisions. You and We agree that
if any provision of this Agreement shall be deemed unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from this Agreement and shall not affect the validity and enforceability
of any remaining provisions. A provision of this Agreement may be waived
only by a written instrument executed by the party entitled to the benefit
of such provision. The failure of any party at any time to require
performance of any provision of this Agreement shall in no manner affect
such party’s right at a later time to enforce the same. A waiver of any
breach of any provision of this Agreement shall not be construed as a
continuing waiver of other breaches of the same or other provisions of
this Agreement.
</li>
<li>
Updates To Agreement: The latest version of these Terms and
Conditions of Service will always be available at
<a
href="https://www.grindr.com/terms-of-service/"
target="_blank"
rel="noopener"
>https://www.grindr.com/terms-of-service/</a
>
and will govern Your use of the Grindr Services. Grindr may revise this
Agreement from time to time. If Grindr determines, in its sole discretion,
that the changes We make to this Agreement are material, We will notify
You in advance (e.g., within the App or via email).
</li>
<li>
Notices. Grindr may provide You with notices, including those
regarding changes to this Agreement, by email or postings on the Grindr
Services. You hereby consent to the use of electronic communications. To
give Grindr notice, You may do so through the physical and email addresses
provided in Section 27.8 and such notice will be effective upon receipt.
</li>
<li>
You May Not Assign, But Grindr May. This Agreement, and any rights
and licenses granted hereunder, may not be transferred or assigned by You.
However, Grindr may at any time and for any reason transfer or assign
without restriction this Agreement and the obligations contained in the
Agreement to a third party. You hereby acknowledge and agree that if
another company acquires Our company, business, or Our assets, that
transaction may include a sale or transfer of Your User Content, and You
agree to such transfer without further action or confirmation.
</li>
<li>
Survival of Provisions. The following Sections will survive any
termination of this Agreement or any termination of Your use of or
subscription to the Grindr Services: 1-4, 5.3, 5.4, 6-8, 10.6, 10.7, 11,
13-15, 16 (excluding 16.2), 17-24, and 27.
</li>
<li>
No Third-Party Beneficiaries. Grindr’s past, present, and future
affiliates (i.e., companies controlling, controlled by, or under common
control with Grindr) are third-party beneficiaries of all the rights,
protections, and benefits afforded Grindr under this Agreement, including
Section 22. Otherwise, there are no third-party beneficiaries to this
Agreement.
</li>
<li>
Headings; Entire Agreement. The heading references herein are for
convenience purposes only, do not constitute a part of this Agreement and
shall not be deemed to limit or affect any of the provisions hereof. The
word “including” means “including without limitation.” This Agreement is
the entire agreement between You and Us relating to the subject matter
herein and shall not be modified except in writing, agreed to by both
parties.
</li>
<li>
Our Disclosures; Your Inquiries. The services hereunder are offered
by Grindr LLC, PO Box 69176, West Hollywood, CA 90069. If You have a
question or complaint, You may reach Us at the address above or at:
<a href="mailto:[email protected]">[email protected]</a>. California residents
may reach the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs by mail at 1625
North Market Blvd., Sacramento, CA 95834, or by telephone at (916)
445-1254 or (800) 952-5210.
</li>
</ol>
</ol>

Special Terms for International Users
<ol>
<li>
UNITED KINGDOM. The following terms apply to You, and supersede
conflicting terms in this Agreement, if You are a UK resident to the extent
required by applicable law:
<ol>
<li>
Cancellation within 14-day cancellation period. You have the
right to cancel Your Premium Services within fourteen (14) days without
giving any reason. The cancellation period will expire after fourteen
(14) days from Your purchase of the Premium Services. If You have
benefitted from a free trial, the cancellation period will expire
fourteen (14) days from the beginning of Your free trial. To exercise
the right to cancel Your Premium Services during the fourteen (14) day
cancellation period, You must inform Us at
<a href="mailto:[email protected]">[email protected]</a> of Your decision to
cancel by a clear statement. You may use the Model Withdrawal Form found
in Annex I(B) of the Directive on Consumer Rights. We will communicate
to You an acknowledgment of receipt of such cancellation by email
without delay. To meet the cancellation deadline, it is sufficient for
You to send Your communication concerning Your exercise of the right to
cancel before the cancellation period has expired. There are no separate
cancellation fees but there are no refunds except as provided herein. We
will refund You a pro-rata amount of the Premium fee for the unused
period of Your Premium Services. You will still be required to pay a
Premium Service fee for the period of Your Premium Services until You
communicated to Us Your cancellation, (excluding any free trial period
where no payment was taken) and We will therefore not refund You for
that portion of Your Premium Services. We will make the refund without
undue delay and not later than fourteen (14) days after the day on which
We are informed about Your decision to cancel Your Premium Services. We
will issue the refund using the same means of payment as You used for
the initial transaction, unless You have expressly agreed otherwise.
</li>
<li>
Exceptions to Liability Limitations. Nothing in this Agreement
excludes or limits Grindr’s (or its affiliated companies’, contractors’,
subcontractors’, directors’, officers’, employees’, agents’, third party
suppliers’ or licensors’) liability for death or personal injury arising
from Our negligence, or fraud or fraudulent misrepresentation, or any
other liability that cannot be excluded or limited by applicable law.
</li>
<li>
ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE
UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION
DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU
524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE
EU), THE AGREEMENT TO ARBITRATE IN SECTION 22 WILL NOT APPLY TO YOU BUT
THE PROVISIONS OF SECTION 22.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL
APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 22.11
CAREFULLY. The European Commission Online Dispute Resolution Platform is
available at the following link
<a
href="https://ec.europa.eu/consumers/odr/main/?event=main.home2.show"
target="_blank"
rel="noopener"
>ODR Platform</a
>.
</li>
<li>
No Prejudice to Consumer Law. As a consumer, You will benefit
from any mandatory provisions of the law of the country in which You are
a resident. Nothing in these terms and conditions, including, without
limitation, Section 22, affects Your rights as a consumer to rely on
such mandatory provisions of local law.
</li>
<li>
Local Jurisdiction. The local law of Your jurisdiction may
entitle You to have a dispute relating to this Agreement heard by Your
local courts, regardless of the terms of Section 22, in which We agree
that all disputes not subject to the terms of Section 22 will be heard
in courts located in Los Angeles, California, USA. This Agreement does
not limit any such rights that You have that apply regardless of the
terms of an agreement that You have entered into. But by entering into
this Agreement or otherwise, Grindr does not consent to the jurisdiction
of any courts other than those referenced in Section 22 and reserves the
right to contest that it is not subject to the jurisdiction of any other
court.
</li>
</ol>
</li><li>
EUROPEAN UNION. The following terms apply to You, and supersede
conflicting terms in this Agreement, if You are an EU resident to the extent
required by applicable law.
<ol>
<li>
Cancellation within 14-day cancellation period. You have the
right to cancel Your Premium Services within fourteen (14) days without
giving any reason. The cancellation period will expire after fourteen
(14) days from Your purchase of the Premium Services. If You have
benefitted from a free trial, the cancellation period will expire
fourteen (14) days from the beginning of Your free trial. To exercise
the right to cancel Your Premium Services during the fourteen (14) day
cancellation period, You must inform Us at
<a href="mailto:[email protected]">[email protected]</a> of Your decision to
cancel by a clear statement. You may use the Model Withdrawal Form found
in Annex I(B) of the Directive on Consumer Rights. We will communicate
to You an acknowledgment of receipt of such cancellation by email
without delay. To meet the cancellation deadline, it is sufficient for
You to send Your communication concerning Your exercise of the right to
cancel before the cancellation period has expired. There are no separate
cancellation fees but there are no refunds except as provided herein. We
will refund You a pro-rata amount of the Premium fee for the unused
period of Your Premium Services. You will still be required to pay a
Premium Service fee for the period of Your Premium Services until You
communicated to Us Your cancellation, (excluding any free trial period
where no payment was taken) and We will therefore not refund You for
that portion of Your Premium Services. We will make the refund without
undue delay and not later than fourteen (14) days after the day on which
We are informed about Your decision to cancel Your Premium Services. We
will issue the refund using the same means of payment as You used for
the initial transaction, unless You have expressly agreed otherwise.
</li>
<li>
Exceptions to Liability Limitations. Nothing in this Agreement
excludes or limits Grindr’s (or its affiliated companies’, contractors’,
subcontractors’, directors’, officers’, employees’, agents’, third party
suppliers’ or licensors’) liability to the extent that it cannot be
excluded or limited by applicable law.
</li>
<li>
ARBITRATION MAY NOT APPLY TO YOU.
<ol>
<li>
IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE
ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE
DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING
REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO
ARBITRATE IN SECTION 22 WILL NOT APPLY TO YOU BUT THE PROVISIONS OF
SECTION 22.11 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY, EXCEPT
AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 22.11 CAREFULLY.
The European Commission Online Dispute Resolution Platform is
available at the following link
<a
href="https://ec.europa.eu/consumers/odr/main/?event=main.home2.show"
target="_blank"
rel="noopener"
>ODR Platform</a
>.
</li>
<li>
OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE: OUT-OF-COURT
DISPUTE SETTLEMENTS UNDER THE DIGITAL SERVICE ACT (“DSA”) MAY APPLY
TO YOU IN CERTAIN CIRCUMSTANCES IF YOU ARE A RECIPIENT OF THE GRINDR
SERVICES AND ARE LOCATED IN THE EUROPEAN UNION. TO VIEW OUR
OUT-OF-COURT DISPUTE SETTLEMENT PROCEDURE, PLEASE
<a
href="https://help.grindr.com/hc/en-us/articles/32671319639827-DSA-Out-Of-Court-Dispute-Settlements"
>CLICK HERE</a
>.
</li>
</ol>
</li>
<li>
No Prejudice to Consumer Law. As a consumer, You will benefit
from any mandatory provisions of the law of the country in which You are
a resident. Nothing in these terms and conditions, including, without
limitation, Section 22, affects Your rights as a consumer to rely on
such mandatory provisions of local law.
</li>
<li>
Local Jurisdiction. The local law of Your jurisdiction may
entitle You to have a dispute relating to this Agreement heard by Your
local courts, regardless of the terms of Section 22, in which We agree
that all disputes not subject to the terms of Section 22 will be heard
in courts located in Los Angeles, California, USA. This Agreement does
not limit any such rights that You have that apply regardless of the
terms of an agreement that You have entered into. But by entering into
this Agreement or otherwise, Grindr does not consent to the jurisdiction
of any courts other than those referenced in Section 22 and reserves the
right to contest that it is not subject to the jurisdiction of any other
court.
</li>
</ol>
</li>
<li>
SPAIN. In addition to the terms set forth above for EU residents, and
superseding conflicting terms in this Agreement, the following terms apply
to You if You are a Spanish resident to the extent required by applicable
law:
<ol>
<li>
Language. The Spanish version of this Agreement will control.
</li>
<li>
Modifications. Grindr will inform You of any relevant
modification of the Services and/or Guidelines as well as of any changes
to these terms and conditions.
</li>
<li>
Renewals. Grindr (either directly or through an App Store) will
provide You advance notice of the renewal date of the Premium Services
subscription and of the trial subscription before charging Your credit
or debit card.
</li>
<li>
Moral Rights. Your moral rights over Your User Content will not
be assigned or waived.
</li>
</ol>
</li>
<li>
PORTUGAL. In addition to the terms set forth above for EU residents,
the following terms apply to You, and supersede conflicting terms in this
Agreement, if You are a Portuguese resident to the extent required by
applicable law:
<ol>
<li>
Language. The Portuguese version of this Agreement will control.
</li>
<li>
Modifications. Grindr will inform You of any relevant
modification of the Services and/or Guidelines as well as of any changes
to these terms and conditions.
</li>
<li>
Renewals. Grindr (either directly or through an App Store) will
provide You advance notice of the renewal date of the Premium Services
subscription and of the trial subscription before charging Your credit
or debit card.
</li>
<li>
Moral Rights. Your moral rights over Your User Content will not
be assigned or waived.
</li>
</ol>
</li>
<li>
GERMANY. The following terms apply to You, and supersede conflicting
terms in this Agreement, if You are a German resident to the extent required
by applicable law:
<ol>
<li>
Consent to Deletion of Data. You understand that through Your use
of the Grindr Services, You consent to the deletion of Your data, (e.g.
Your chat messages) to other users as soon as they are delivered.
</li>
<li>
Liability Limitations. The following applies in lieu of any
conflicting or inconsistent language in the Terms and Conditions of
Service:
<ol>
<li>
Wir sind ausschließlich wie folgt haftbar: Wir haften unbeschränkt
gemäß den gesetzlichen Bestimmungen (i) für Schäden die aus der
Verletzung von Leben, Körper oder Gesundheit entstehen; (ii) bei
Vorsatz; (iii) bei grober Fahrlässigkeit; und (iv) gemäß dem
Produkthaftungsgesetz. Ohne dass dies das Vorstehende einschränkt
haften wir für leichte Fahrlässigkeit nur im Falle der Verletzung
einer „wesentlichen” Pflicht aus diesem Vertrag. „Wesentliche”
Pflichten in diesem Sinne sind Pflichten, die für die Erfüllung des
Vertrags nötig sind, deren Verletzung die Erreichung des
Vertragszwecks in Frage stellen würde, und auf deren Einhaltung Du
daher regelmäßig vertrauen darfst. In diesen Fällen ist die Haftung
beschränkt auf vertragstypische und vorhersehbare Schäden; in
sonstigen Fällen besteht keine Haftung für leichte Fahrlässigkeit.
</li>
<li>
Soweit die Haftung von Grindr nach den vorstehenden Vorschriften
ausgeschlossen oder beschränkt ist, gilt dies auch für die Haftung
von Grindr für seine gesetzlichen Vertreter, Mitarbeiter und
Erfüllungsgehilfen.
</li>
<li>
Diese Haftungsbegrenzungen bleibt über das Ende des
Vertragsverhältnisses mit Dir und Grindr sowie über die Dauer Deiner
Nutzung der Grindr Services hinaus wirksam.
</li>
</ol>
</li>
<li>
Price Increases. Notwithstanding Section 7, We will only increase
prices and modify the Service as permitted by German law.
</li>
<li>No Indemnity. Section 18 does not apply to You.</li>
<li>
Termination. Grindr may only terminate Your account if You breach
this Agreement or violate the law. Grindr will issue any refunds
required by German law in the event of termination. We will issue the
refund using the same means of payment as You used for the initial
transaction, unless You have expressly agreed otherwise.
</li>
<li>
Moral Rights. Your moral rights over Your User Content will not
be assigned or waived.
</li>
</ol>
</li><li>
CANADA. The following terms apply to You, and supersede conflicting
terms in this Agreement, if You are a Canadian resident to the extent
required by applicable law:
<ol>
<li>
Dispute Resolution. Sections 22 (Arbitration) and/or 22.15 (Class
Action Waiver) will not apply to You if any such provision is
unenforceable under the laws of Your Province of residence. Section
22.11 will continue to apply in all such cases.
</li>
<li>
Cancellation Rights. Residents of certain Provinces may have the
right to cancel Premium Services as required by local law. Grindr will
honor such cancellation rights.
</li>
</ol>
</li>
<li>
AUSTRALIA. The following terms apply to You, and supersede
conflicting terms in this Agreement, if You are an Australian resident to
the extent required by applicable law:
<ol>
<li>
Transmission of Personal Information Overseas. In consenting to
the transfer to and processing of Your data in the United States of
America and any other jurisdiction throughout the world, You acknowledge
that other jurisdictions (including the United States of America) may
not have privacy protections equivalent to the
Privacy Act 1988 (Cth). You may not have a remedy against Grindr
as neither the Australian Privacy Principle 8.1 nor Section 16C of the
Privacy Act will apply.
</li>
<li>
Reverse Engineering. The restriction on the modification,
disassembly, decompilation or reverse engineering of the Grindr Services
is subject to Your rights under Part III Div 4A (“Acts not constituting
infringement of copyright in computer programs”) of the Copyright Act
1968 (Cth).
</li>
<li>
Consumer Guarantees. Grindr’s liability for failure to comply
with any applicable consumer guarantee arising under Part 3-2 Div 1 of
the Australian Consumer Law is limited to:
<ol>
<li>
in the case of goods supplied to You, the replacement of the goods
or the supply of equivalent goods (or the payment of the cost to You
of the replacement or supply), or the repair of the goods (or the
payment of the cost to You of the repair); and
</li>
<li>
in the case of services supplied to You, the supply of the services
again or the payment of the cost to You of having the services
supplied again.
</li>
</ol>
</li>
</ol>
</li>
<li>
ARGENTINA. The following terms apply to You, and supersede
conflicting terms in this Agreement, if You are an Argentine resident to the
extent required by applicable law:
<ol>
<li>
Cancellation Within 10-day Cancellation Period. You have the
right to cancel Your Premium Services within ten (10) days without
giving any reason. The cancellation period will expire after ten (10)
days from Your purchase of the Premium Services. If You have benefitted
from a free trial, the cancellation period will expire ten (10) days
from the beginning of Your free trial. To exercise the right to cancel
Your Premium Services during the ten (10) day cancellation period, You
must inform Us at
<a href="mailto:[email protected]">[email protected]</a> of Your decision to
cancel by a clear statement. We will communicate to You an
acknowledgment of receipt of such cancellation by email without delay.
To meet the cancellation deadline, it is sufficient for You to send Your
communication concerning Your exercise of the right to cancel before the
cancellation period has expired. There are no separate cancellation fees
but there are no refunds except as provided herein. We will refund You a
pro-rata amount of the Premium Services fee for the unused period of
Your Premium Services. You will still be required to pay a Premium
Service fee for the period of Your Premium Services until You
communicated to Us Your cancellation (excluding any free trial period
where no payment was taken), and We will therefore not refund You for
that portion of Your Premium Services. We will make the refund without
undue delay. We will issue the refund using the same means of payment as
You used for the initial transaction, unless You have expressly agreed
otherwise.
</li>
<li>
Notice and Takedown Policy. If You are a resident of Argentina,
the notice and takedown policy in section 23 will not apply to You.
Instead, in case You believe that any content hosted on any Grindr
Service produces damage to You and could be considered as manifestly
illegal, then You may submit a notification to Grindr indicating the
content in question and providing documentation that proves Your
identity as well as detailing the damage caused by the content. Grindr
will analyze the claim and if the content is manifestly illegal (i.e.
child pornography, data that facilities the commission of a crime, crime
or racism references, etc.), then Grindr will proceed with its takedown.
Any other content that causes damage but cannot be considered as
manifestly illegal shall not be taken down by Grindr unless You provide
a judicial notification ordering the takedown of the content in
question. Notifications of any sort for these purposes shall be
delivered to <a href="mailto:[email protected]">[email protected]</a>.
</li>
</ol>
</li>
<li>
BRAZIL. The following terms apply to You, and supersede conflicting
terms in this Agreement, if You are a Brazilian resident to the extent
required by applicable law:
<ol>
<li>
Right of Regret. You have the right to cancel Your Grindr
Services within seven (7) calendar days without giving any reason. The
cancellation period will expire after seven (7) calendar days from Your
purchase of the Grindr Services. To exercise the right to cancel Your
Grindr Services during the seven (7) day cancellation period, You must
inform Us at <a href="mailto:[email protected]">[email protected]</a> of
Your decision to cancel by a clear statement. We will communicate to You
an acknowledgment of receipt of such cancellation by email without
delay. To meet the cancellation deadline, it is sufficient for You to
send Your communication concerning Your exercise of the right to cancel
before the cancellation period has expired. We will refund any and all
amount paid by You. We will make the refund without undue delay and
within the shortest timeframe possible after the day on which We are
informed about Your decision to cancel. We will issue the refund using
the same means of payment as You used for the initial transaction,
unless You have expressly agreed otherwise.
</li>
<li>
Arbitration Will Not Apply to You. Any dispute procedure deriving
from this Agreement will be resolved by a competent Court of the
relevant User’s address.
</li>
<li>
Notice to Remove Sensitive or Private Content. In case of any
unauthorized disclosure of Your images, videos, pictures or any other
material of Yours containing nudity or sexual private content, Grindr
undertakes to take all necessary measures, to the extent applicable to
Our technical services, in order to remove the referred content in a
diligent manner and in the shortest timeframe possible, provided that
You notify Us of the relevant infringement by identifying and specifying
the infringing content. Also, in the event You are exposed to
inaccurate, offensive, indecent or objectionable content of other Users,
You may notify Us of such content, so that We may take the appropriate
measures in order to remove it, to the extent applicable.
</li>
<li>
Application of Brazilian Law. You and We agree that Brazilian Law
will also apply to this Agreement, especially with respect to rights of
privacy, protection of personal data, and secrecy of private
communications and of logs. You and We agree to comply with all
applicable Brazilian law.
</li>
<li>
Retention of Records of Your Account. We will keep the
application logs under confidentiality, in a controlled and safe
environment, for six (6) months from Your subscription date, pursuant to
applicable Brazilian Law. We reserve the right to disclose the
application logs and/or any other records of Your account, including
private communications, in order to comply with court orders.
</li>
<li>
Charge of Fees. Anytime that We decide to charge You for a
portion or for the whole of Grindr Services, a message will be displayed
within the Grindr Services, so that You may either (i) approve the
relevant service and corresponding fees, in which case You will be
requested to provide Your credit card details; or (ii) deny the relevant
service and continue using the portion of the Grindr Services that is
free of charge.
</li>
<li>
Limitation of Liability. The provisions related to limitation of
liability established under this Agreement may, as a general rule, not
apply to You, as the obligation to indemnify is a rule of public order
in Brazil. You and We are aware that Brazilian law does not allow
indemnification for indirect damages, but solely the effective losses
and the loss of profits directly and immediately caused by it.
</li>
<li>
Statute of Limitations for Your Claims. The provisions of this
Agreement related to statute of limitations may not apply to You, if the
applicable Brazilian law establishes a different or specific statute of
limitations for a certain claim. In this case, You will be subject to
the specific statute of limitations stipulated under the applicable
Brazilian law.
</li>
<li>
Modifications to this Agreement. We reserve the right to modify,
at Our sole discretion, any of the provisions contemplated in this
Agreement at any time and for any reason whatsoever, regardless of Your
previous approval. You will be notified of such modifications.
</li>
</ol>
</li>
<li>
INDIA. The following terms apply to You, and supersede conflicting
terms in this Agreement, if You are an Indian resident to the extent
required by applicable law.
<ol>
<li>
Removal of Certain Obscene or Offensive Content. Any resident of
India, or any individual on behalf of such resident, has the right to
report and request prompt removal of any content that shows or depicts
such individual in full or partial nudity or in any sexual act or
conduct, or that in any way impersonates the individual. Any such
content may be reported to Grindr by contacting Grindr’s Grievance
Officer (Mr. Brace) via email to [email protected].
</li>
<li>
Governmental Assistance. Any personnel of the Indian government
or an authorized agency may report and request the removal of unlawful
information, or report and request Grindr’s assistance with an
investigation into cybersecurity incidents or other offenses, by
contacting Grindr’s Grievance Officer (Mr. Brace) via email to
<a href="mailto:[email protected]">[email protected]</a>.
</li>
<li>
Prohibited Conduct and Uses. In addition to the prohibited
conduct and uses set forth in Section 9.3, and for the avoidance of
doubt, You are not allowed to host, display, upload, modify, publish,
transmit, store, update or share any information that:
<ol>
<li>
Belongs to another person and is information to which the user does
not have any right; is defamatory, obscene, pornographic,
pedophilic, invasive of another’s privacy, including bodily privacy,
insulting or harassing on the basis of gender, libelous, racially or
ethnically objectionable, relating or encouraging money laundering
or gambling, or otherwise inconsistent with or contrary to any
applicable laws;
</li>
<li>Is harmful to a child;</li>
<li>
Infringes any patent, trademark, copyright or other proprietary
rights;
</li>
<li>Violates any applicable law;</li>
<li>
Deceives or misleads the addressee about the origin of the message
or knowingly and intentionally communicates any information which is
patently false or misleading in nature but may reasonably be
perceived as a fact;
</li>
<li>Impersonates another person;</li>
<li>
Threatens the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign States, or public order, or
causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting other nation;
</li>
<li>
Contains a software virus or any other computer code, file or
program designed to interrupt, destroy or limit the functionality of
any computer resource; and/or
</li>
<li>
Is patently false and untrue, and is written or published in any
form, with the intent to mislead or harass a person, entity or
agency for financial gain or to cause any injury to any person.
</li>
</ol>
</li>
<li>
Grievance Redressal Mechanism and Grievance Officer. Please note
that You or any other individual may submit a complaint or grievance
about any violation of this Agreement or the Community Guidelines,
including any prohibited conduct or uses, or any other matter related to
the Grindr Services, including a response to any alleged violation of
this Agreement or Community Guidelines, by contacting Grindr’s Grievance
Officer (Mr. Brace) via email to
<a href="mailto:[email protected]">[email protected]</a>. In
addition, You or any other individual can also submit any such complaint
or grievance directly within the Grindr Services or via email to
<a href="mailto:[email protected]">[email protected]</a>. In submitting any
complaint or grievance, please provide any details that may help Grindr
resolve the complaint or grievance. Grindr will acknowledge receipt of
the complaint or grievance and resolve it within the time periods
provided by applicable law.
</li>
<li>
Termination of account. Please note that Grindr reserves the
right, in its sole discretion, to terminate the account or access of any
user of the app, who is the subject of repeated infringement
notifications.
</li>
<li>
Changes. Grindr will inform its users of any modifications to
these Terms and Conditions of Service by posting them on the website. If
You have registered with Grindr, We will describe the modifications to
these Terms and Conditions of Service in an email and will send to the
email address associated with Your account.
</li>
</ol>
</li><li>
ISRAEL. The following terms apply to You, and supersede conflicting
terms in this Agreement, if You are a resident of Israel, to the extent
required by applicable law:
<ol>
<li>
Cancellation Rights. You have the right to cancel Your Premium Services
fourteen (14) calendar days without giving any reason. The cancellation
period will expire after fourteen (14) calendar days from Your purchase
of the Premium Services. To exercise the right to cancel Your Premium
Services during the fourteen (14) day cancellation period, You must
inform Us at [email protected] of Your decision to cancel by a clear
statement. We will communicate to You an acknowledgment of receipt of
such cancellation by email without delay. To meet the cancellation
deadline, it is sufficient for You to send Your communication concerning
Your exercise of the right to cancel before the cancellation period has
expired. We will communicate to You an acknowledgment of receipt of such
cancellation by email without delay. To meet the cancellation deadline,
it is sufficient for You to send Your communication concerning Your
exercise of the right to cancel before the cancellation period has
expired. There are no separate cancellation fees but there are no
refunds except as provided herein. We will refund You a pro-rata amount
of the Premium fee for the unused period of Your Premium Services. You
will still be required to pay a Premium Service fee for the period of
Your Premium Services until You communicated to Us Your cancellation,
(excluding any free trial period where no payment was taken) and We will
therefore not refund You for that portion of Your Premium Services. We
will make the refund without undue delay and not later than fourteen
(14) days after the day on which We are informed about Your decision to
cancel Your Premium Services. We will issue the refund using the same
means of payment as You used for the initial transaction, unless You
have expressly agreed otherwise.
</li>
</ol>
</li><li>
CERTAIN OTHER JURISDICTIONS WITH CANCELLATION RIGHTS. The following
terms apply to You, and supersede conflicting terms in this Agreement, if
You are a resident of a jurisdiction with laws which may require notice of
cancellation rights, to the extent required by applicable law:
<ol>
<li>
Cancellation Rights. Residents of certain jurisdictions may have the
right to cancel this Agreement as required by local law. Grindr will
honor such cancellation rights.
</li>
</ol>
</li>
</ol>
<h3>Effective Date: The earlier of September 15, 2024, or user acceptance.</h3>

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