JSwipe JSwipe JSwipe

Terms of Service


Please Read This Document Carefully

Smooch Labs Inc. ("Smooch Labs," "we," or "us") operates the JSwipe mobile app and related website (“JSwipe” or the “Service”). By using JSwipe in any manner, you accept these Terms of Service ("Agreement"). If you do not wish to be bound by this Agreement, do not use JSwipe.


Contents

Who May Use JSwipe

You must be 13 years old or older to use JSwipe. By using JSwipe, you represent and assume that you have the authority and capacity to enter into this agreement and to abide by all the terms listed in this Agreement. If you use JSwipe, you represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.


Ownership

Smooch Labs owns and retains all proprietary rights in the Service, and in all content (excluding content uploaded by users, which is the subject of a license set forth below), trademarks, trade names, service marks and other intellectual property related thereto. You cannot reproduce, redistribute, sell, create derivative works, or disassemble JSwipe unless expressly permitted by Smooch Labs in writing. You may also not take any action to interfere with or damage JSwipe. All rights are reserved by Smooch Labs unless expressly granted in writing.


License to Use JSwipe

Smooch Labs grants you a limited, non-exclusive license to access and use JSwipe for your own personal use and not for commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.


Privacy Policy

Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn more about:
Information we collect
How we use your information
Use of your information by others
Children's Privacy
Information from others outside the United States
Links to other websites or services
Steps we take to protect your privacy
Policy around making changes to the privacy policy


Registration

In order to register, you will be asked to sign in with your Facebook account. In doing so, you authorize us to collect relevant information necessary to enable JSwipe to access Facebook, and Facebook will provide us with access to certain information that you have provided to it. By allowing us to access your Facebook account, you understand that we will obtain and share your information, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other JSwipe users in your network or geolocation. We will use, store, and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Facebook uses, stores, and discloses information is governed by its policies, and JSwipe shall have no liability or responsibility for its privacy practices or other actions. Please contact us at [email protected] if you believe your account has been accessed by an unauthorized person.


Terms and Termination of Account

This Agreement begins on the date you use JSwipe for the first time and continues until terminated in accordance with this Agreement.

Smooch Labs may suspend, disable, or delete your account for any or no reason, including, without limitation, if Smooch Labs determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Smooch Labs' reputation or goodwill. If Smooch Labs deletes your account any reasons of misconduct, you may not re-register under a different name.

Upon termination, all licenses granted by Smooch Labs immediately terminate. In the event of account deletion for any reason, content that you submitted may no longer be available and Smooch Labs is not be responsible for the loss of such content. After your account is terminated, this Agreement will terminate except for (i) the paragraphs entitled: “Ownership”; “Terms and Termination of Account”; “Disclaimers and Limitation of Liability”; “Licenses Granted by You”; “Your Representations and Warranties”; “Indemnification”; and (ii) the Section entitled “General Provisions.”


Disclaimers and Limitation of Liability

You are solely responsible for your actions and interactions with other JSwipe users. By using JSwipe, you understand that Smooch Labs does not conduct criminal background checks and does not verify or inquire into the background of its users. Smooch Labs makes no representations or warranties as to the conduct of current or future users. Smooch Labs makes no warranties in regard to the compatibility of its users and their interactions. Smooch Labs reserves the right to conduct criminal background checks or any other screenings at any time and reserves the right to use available public records. In no event will Smooch Labs be liable for any damages, whether direct, indirect, general, special, consequential, and/or incidental, arising out or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation bodily injury, death, emotional distress, and or any other damages or otherwise resulting from communication or meeting with other users of the JSwipe service or person you meet through JSwipe. You agree to take reasonable precautions in all interactions with other users of the service, particularly if you decide to meet in person. Smooch Labs reserves the right to modify JSwipe. You are responsible for providing your own access to JSwipe. Smooch Labs has no obligation to screen or monitor any content and does not guarantee that any content available on JSwipe complies with this Agreement or is suitable for all users.

Smooch Labs provides JSwipe on an "as is" and "as available" basis. Therefore, you use JSwipe at your own risk. Smooch Labs disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Smooch Labs makes no representations or warranties:

That JSwipe will be permitted in your jurisdiction;
That JSwipe will be uninterrupted or error-free;
Concerning any content submitted by any user;
Concerning any third party's use of content that you submit;
That any content you submit will be made available on JSwipe or will be stored by Smooch Labs;
That Smooch Labs will continue to support any particular feature of JSwipe;
Concerning sites and resources outside of JSwipe, even if linked to from JSwipe.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used JSwipe, and no warranties shall apply after such period.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMOOCH LABS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.


Code of Conduct and Prohibited Activities

In using JSwipe, you must behave in a civil and respectful manner at all times. Further you will not:
Harass or stalk any other person;
Harm or exploit minors;
Act in a deceptive manner by, among other things, impersonating any person;
Collect information about others;
You will not express or imply that any statements you make are endorsed by Smooch Labs without our specific prior written consent. You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Smooch Labs has the right, but not the obligation, to monitor all conduct on and content submitted to JSwipe.


Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Smooch Labs or to any other user. If information provided to Smooch Labs or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, "submit"):

is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
contains sexually explicit content;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations. You agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of Smooch Labs or any other person.
You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.


Licenses Granted by You

You grant Smooch Labs and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free license and right to host, store, use, adapt, edit, modify, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of JSwipe permission to view your content for their personal, non-commercial purposes. If you make suggestions to Smooch Labs on improving or adding new features to JSwipe, Smooch Labs shall have the right to use your suggestions without any compensation to you.


Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Smooch Labs and grant the licenses set forth above; (ii) Smooch Labs will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.


Indemnification

You will indemnify, defend, and hold harmless Smooch Labs and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on JSwipe; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to JSwipe violates any law or infringes any third party right, including any intellectual property or privacy right. Smooch Labs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Smooch Labs in connection therewith.


Third Party Copyrights and Other Rights Copyright Policy

Smooch Labs respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to JSwipe do not infringe any third party copyright.

Smooch Labs will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Smooch Labs may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:
-an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-a description of the copyrighted work that you claim has been infringed;
-a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material, such as a url);
-your address, telephone number and email address;
-a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to our Copyright Agent [email protected] the following address: 

JSwipe Copyright Agent 
c/o Smooch Labs Inc.
PO Box 8599
New York, NY 10116


General Provisions


GOVERNING LAW:

This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.


DISPUTES:

Any action arising out of or relating to this Agreement or your use of JSwipe must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Smooch Labs and you irrevocably waive any right to a trial by jury.


INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES:

Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Smooch Labs in exercising any right hereunder will waive any further exercise of that right. Smooch Labs' rights and remedies hereunder are cumulative and not exclusive.


SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES:

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Smooch Labs' prior written consent. No third party shall have any rights hereunder.


NOTICES:

You consent to receive all communications including notices, agreements, disclosures, or other information from Smooch Labs electronically, which may include email, SMS, MMS, text message or postings on JSwipe. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us [email protected] or the following address:

Smooch Labs Inc.
PO Box 8599
New York, NY 10116


MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by Smooch Labs on JSwipe or a written amendment signed by an authorized representative of Smooch Labs. A revised Terms of Service will be effective as of the date it is posted. This Agreement, together with the Privacy Policy, constitutes the entire understanding between Smooch Labs and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.


Last Updated: 5/16/2017