Grindr Terms and Conditions of Service

<div class="page-body">
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 target="_blank" rel="noopener" href="https://www.grindr.com/privacy-policy/">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
<a target="_blank" rel="noopener" href="https://www.grindr.com/privacy-policy/">Our Privacy Policy</a>.


<a href="#section22">SECTION 22</a> OF THIS AGREEMENT CONTAINS
PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED.
IN PARTICULAR, THE ARBITRATION PROVISION IN THAT SECTION WILL, WITH
LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE
SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN
ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US
ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A
COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. 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 9 below and the
instructions <a target="_blank" rel="noopener" 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">here.</a>


A notice to California subscribers: 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 customer support.


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:he[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) MAY 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 class="bulleted-list">
<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 ON ANY LIST OF U.S. GOVERNMENT LIST OF
PROHIBITED OR RESTRICTED LISTS.
</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 USER-GENERATED CONTENT THAT COULD BE
CONSIDERED OBJECTIONABLE IN CERTAIN CONTEXTS.
</li>
<li>
YOU UNDERSTAND THAT GRINDR IS NOT RESPONSIBLE FOR ACTIVITIES OR
LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH 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 target="_blank" rel="noopener" href="https://www.grindr.com/privacy-policy/">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 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 and, regardless of Your place of
residence, Your use of them is governed by the law 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 target="_blank" rel="noopener" href="https://www.grindr.com/privacy-policy/">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 of any
unauthorized use of Your account or any other breach of
security.
<ul class="bulleted-list">
<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 such notice 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>
</ul>
<ul>
<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 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 USER PROFILE GUIDELINES, located at <a href="https://www.grindr.com/community-guidelines/">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 underage profiles on the
Grindr Services;
</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, 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 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 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 or her
express permission;
</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.
</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. 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.
</li>
<li>
CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES
AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO
CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE GRINDR
SERVICES. THERE ARE NO CANCELLATION FEES. INSTRUCTIONS FOR
CANCELLING PREMIUM SERVICES ARE SET FORTH HEREIN OR BY
EMAILING <a href="mailto:[email protected]">[email protected]</a>.
</li>
<li>
Trial Premiums. Access to Grindr Premium Services may
from time to time be made available on a time-limited free 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. In such event, Your credit or debit card will only be
charged if You do not cancel Your Trial before the end of the
Trial period. 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 may be converted into a paid
subscription and Your credit or debit card may be charged the
subscription fee in effect at the time Your Trial first began.
Trial Premiums are not available to former Users of Premium
Services or Users who have previously received a free trial and
cancelled it prior to paying for Premium Services.
</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), any and all payments made to Grindr are final and
all charges are nonrefundable. 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 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 a mobile 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 or illegal
activity that may be grounds for termination of Your use of the
Grindr Services 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.
<ol>
<li>
The Grindr Services allow the submission of content and
materials (such as pictures, ideas, notes, concepts, or creative
suggestions) by You and other Users to Grindr and other Users
(“User Content”), and the hosting, sharing and/or publishing of
such User Content with Grindr and other Users.
</li>
<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 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 User 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 User
Content. You further understand and acknowledge that You may be
exposed to User Content that is inaccurate, offensive, indecent,
or objectionable.
</li>
<li>
Grindr assumes no responsibility whatsoever in connection with
or arising from User Content. Grindr assumes no responsibility
for actively monitoring User Content for inappropriate content.
If at any time Grindr chooses, in its sole discretion, to
monitor User Content, Grindr nonetheless assumes no
responsibility for the content of the User Content, no
obligation to modify or remove any inappropriate User Content,
and no responsibility for the conduct of the User submitting
User 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 of User Content or the accuracy and reliability of any
User 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, nonexclusive,
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, (through unlimited tiers of
sublicenses), solely for the purposes of including Your User
Content in the 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 target="_blank" rel="noopener" href="https://www.grindr.com/privacy-policy/">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 web sites 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 Out 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>
Mobile Device. To use the Grindr Software You must have a
mobile device that is compatible with the Grindr Services.
Grindr does not warrant that the Grindr Services will be
compatible with Your mobile device. You are responsible for any
mobile charges that You may incur for using the Grindr Services,
including text-messaging, roaming charges, and data charges. If
You are unsure about the charges that will apply, please contact
Your mobile 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
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; or (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, 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>
</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 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>

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 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>
<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, OR
EXEMPLARY DAMAGES 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 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>
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>

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>
<li id="section22">
RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE. Please read the following arbitration provision in this carefully.
Unless you opt out in the manner described in subsections 12 and 13
below, this arbitration provision requires you to arbitrate disputes
with Grindr and limits the manner in which you seek relief from us.
<ol>
<li>
You and Grindr agree that any dispute that has arisen or may
arise between us relating in any way to Your use of or access to
the Grindr Services, any validity, 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.
</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), we will personally meet and
confer telephonically or via videoconference, in a good faith
effort to resolve informally any Dispute covered by this
arbitration provision (“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 provision 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 target="_blank" rel="noopener" href="https://www.adr.org/sites/default/files/Consumer%20Rules.pdf">https://www.adr.org/sites/default/files/Consumer%20Rules.pdf</a>.
 
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
process under subsection 9 is triggered, the AAA will appoint
the arbitrator for each batch.
 
 
Unless you and Grindr otherwise agree, or the Batch Arbitration
process discussed in subsection 9 below is triggered, the
arbitration will be conducted in the county where you
reside.  You and We agree that the arbitrator, and not any
federal, international, state, or local court or agency, shall
have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of
this Agreement, including any claim that all or any part of this
Agreement is void or voidable or a particular claim is subject
to arbitration, except for the following: (1) all disputes
arising out of or relating to subsection 14 of this Section
including any claim that all or part of that same subsection is
unenforceable, illegal, void or voidable, or that that same
subsection has been breached, shall be decided by a court of
competent jurisdiction and not by an arbitrator; (2) except as
expressly contemplated in subsection 9, all disputes about the
payment of arbitration fees shall be decided only by a court of
competent jurisdiction and not by an arbitrator; (3) all
disputes about whether either party has satisfied any condition
precedent to arbitration shall be decided only by a court of
competent jurisdiction and not by an arbitrator; and (4) all
disputes about which version of the arbitration provision
applies shall be decided only by a court of competent
jurisdiction and not by an arbitrator.
</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 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 provision, 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.”
Notwithstanding anything to the contrary in this Arbitration
Agreement, if a court decides by means of a final decision, not
subject to any further appeal or recourse, that the limitations
of this subsection, “Waiver of Class and Other
Non-Individualized Relief,” 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>
Exceptions To Our Agreement To Arbitrate Disputes. There
are only two 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>
</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 one hundred (100) 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
thirty (30) day period (or as soon as possible thereafter), the
AAA shall (1) administer the arbitration demands in batches of
100 requests per batch (plus, to the extent there are less than
100 requests left over 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 amendment to this
agreement to arbitrate in the future, 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 Agreement and did not validly opt out of
arbitration.
</li>
<li>
Venue for Arbitration.
Any arbitration instituted pursuant to these Terms shall be held
in Los Angeles County or such other place as the Parties may
mutually agree, including via video conference.
</li>
<li>
Judicial Forum for Legal Disputes. Unless You and We
agree otherwise and except as described in Section 22.2 (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, 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.  If any part or parts of
this Arbitration Provision 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:arbitrationo[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 THE NEW
TERMS 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, 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. YOU ALSO 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 provision, 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. 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 26.7 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 STATE TERMS REGARDING YOUR RIGHT TO CANCEL. The following provisions are added to this Agreement for paid
subscription Users residing in Arizona, California, Connecticut,
Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina,
Ohio, Rhode Island, Wisconsin, or any other state with laws which
may require notice of cancellation rights: You, the buyer, may
cancel this Agreement, 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 contract, excluding Sundays
and holidays. To cancel this Agreement, mail or deliver a signed and
dated notice which states that You, the buyer, are canceling this
Agreement, 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 
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.


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>
MISCELLANEOUS PROVISIONS.
<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
will always be available at
<a target="_blank" rel="noopener" href="https://www.grindr.com/terms-of-service/">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
26.7 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
26.
</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 21.
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>
</li>
</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 Grindr Premium Services within fourteen
(14) days without giving any reason. The cancellation period
will expire after fourteen (14) days from Your purchase of the
Grindr 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 Grindr 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 22.8 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY,
EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 21.8
CAREFULLY. The European Commission Online Dispute Resolution
Platform is available at the following link <a target="_blank" rel="noopener" href="https://ec.europa.eu/consumers/odr/main/?event=main.home2.show">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 21, 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
21, in which We agree that all disputes not subject to the terms
of Section 21 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 21 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 Grindr Premium Services within fourteen
(14) days without giving any reason. The cancellation period
will expire after fourteen (14) days from Your purchase of the
Grindr 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 Grindr 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. 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 22.8 (JUDICIAL FORUM FOR LEGAL DISPUTES) WILL APPLY,
EXCEPT AS OTHERWISE REQUIRED BY LAW. PLEASE READ SECTION 22.8
CAREFULLY. The European Commission Online Dispute Resolution
Platform is available at the following link <a target="_blank" rel="noopener" href="https://ec.europa.eu/consumers/odr/main/?event=main.home2.show">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 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:
<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 22.6
(Class Action Waiver) will not apply to You if any such
provision is unenforceable under the laws of Your Province of
residence. Section 22.8 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 Grindr Premium Services within ten (10)
days without giving any reason. The cancellation period will
expire after ten (10) days from Your purchase of the Grindr
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 Grindr
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 on Your mobile screen, 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 by posting them on the website. If
You have registered with Grindr, we will describe the
modifications to these Terms in an email and will send to the
email address associated with Your account.
</li>
</ol>
</li>
</ol>

Effective Date: The earlier of April 30, 2023, or user
acceptance.

</div>

‍