PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. DO NOT CREATE A USER PROFILE OR USE THE APP IN ANY WAY IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS. BY ACCESSING THE APP, DOWNLOADING THE APP, OR CONTINUING TO USE THE APP, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
YOU MUST AGREE TO ABIDE BY ALL PROVISIONS OF THESE TERMS IN ORDER TO REMAIN AN AUTHORIZED USER OF THE APP, AND YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ABIDE BY THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE APP AND FOR ENSURING THAT YOUR USE COMPLIES FULLY WITH THE PROVISIONS OF THESE TERMS. YOUR RIGHTS ARE PERSONAL AND NON-ASSIGNABLE. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR THE ACTS OF ANYONE ACCESSING THE APP THROUGH YOU OR USING YOUR NAME AND PASSWORD. IF YOU DO NOT AGREE TO THE PROVISIONS OF THESE TERMS OR ARE NOT SATISFIED WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE APP.
PASSWORDS AND ACCOUNT ACCESS
Every user account created for purposes of accessing the App and all related services must have one designated adult user who must be at least 18 years old. For so long as you use your account, you agree to provide true, accurate, and current information about yourself as well as to make relevant changes. You are solely responsible for all activities that occur under your account as well as for maintaining the confidentiality of your password(s). Should you believe your password or security for your account has been breached in any way, you must immediately notify us. We are in no way responsible for any loss that you may incur because of any unauthorized use of your account and password. You agree that you will not sell, transfer, or assign your account or any account rights. If we learn that an ineligible user has created an account, we may seek confirmation of the user’s status or deactivate the account.
USER ACTIVITIES AND INFORMATION ON THE APP
By using the App, you represent and warrant that you will use the App, its related services, and any tools, features, content, material, or information found on the App solely for lawful, non-commercial purposes. You will not allow any third party to access the App through your account, upload to, distribute to, or otherwise disseminate through the App any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
We do not knowingly collect information from anyone under the age of 18. Please note that ONLY PERSONS 18 YEARS OF AGE OR OVER ARE PERMITTED TO CREATE AN ACCOUNT.
When you use the App or send messages to us, you are communicating with us electronically. By using the App or any of its related services, you expressly consent to receiving electronic communications from us. We may choose to communicate with you by e-mail, text messaging, telephone, or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Ownership. The App and all related Content (including past, present and future versions) are owned, operated and controlled by Lady Green and such Content, which can be modified and removed by Lady Green any time without any notice to you, is protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), user interfaces, photographs, logos, sounds, music, artwork, educational games and all other elements of the App are owned by or licensed to Lady Green, and Lady Green reserves all rights therein and thereto not expressly granted by these Terms.
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the App are registered and unregistered Trademarks of Lady Green, its affiliates, its third-party licensors and/or others. You are not permitted to use any of the Trademarks displayed on the App, without the prior, express written consent of Lady Green, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other “hidden text” utilizing Lady Green’s or its affiliates’ name or Trademarks without the express written consent of Lady Green, its affiliates, or third-party licensors. All rights reserved.
App Materials. The App and all related services are the copyrighted works of Lady Green and contain trademarks, service marks, trade names, and other intellectual property of Lady Green. All Trademarks, and materials displayed on, or contained within the App, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, educational games, content, data, code, artwork and other graphic or digital materials, names and all derivative works of the foregoing (collectively, the “Materials”), are the property of Lady Green its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the App and the Materials are the property of Lady Green, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the App or in the Materials. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Lady Green or its affiliates without the express written consent of Lady Green.
APP STORES; COMPLIANCE WITH TERMS
If you are accessing the App via Apple Inc.’s (“Apple”) App Store, you acknowledge that Apple is not a party to and has not agreed to these Terms; that Apple is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of that App is also subject to Apple’s Usage Rules as set forth in the App Store Terms of Service.
If you are accessing the App via the Google Play Store, you acknowledge that Google is not a party to and has not agreed to these Terms; that Google is not a sponsor of, affiliated with and does not otherwise endorse any Application; and that your use of the App is also subject to Google Play Store’s Terms of Service.
You agree that you shall not use the App: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the App; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the App, other websites, or the Internet. We reserve the right to terminate your use of the App for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the App for illegal purposes.
If you are under the age of majority, you may use the App only with permission and involvement of a parent or guardian. Lady Green and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
TERMINATION / REMOVAL
DISCLAIMER OF WARRANTIES
Lady Green and its affiliates attempt to be as accurate as possible. However, Lady Green does not warrant that descriptions of services or other content on the App are accurate, complete, reliable, current, or error-free.
THE APP IS PROVIDED BY LADY GREEN AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LADY GREEN, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. LADY GREEN AND ITS AFFILIATES DO NOT WARRANT THAT THE APP, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM LADY GREEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LADY GREEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
LADY GREEN, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. LADY GREEN AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE APP AT ANY TIME WITHOUT NOTICE.
LADY GREEN AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE APP AT ANY TIME WITHOUT NOTICE. LADY GREEN AND ITS AFFILIAITES DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USE OF “COOKIES” AND TRACKING TECHNOLOGY
LADY GREEN AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY (“WEB TRACKING TECHNOLOGY”), TO ENABLE LADY GREEN TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH APP SESSION. LADY GREEN MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITES OR BY LADY GREEN’S THIRD-PARTY SERVICE PROVIDERS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE APP AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, OR OTHER PROPERTY. IN NO EVENT SHALL LADY GREEN, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR WITH THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE APP, LADY GREEN’S REMOVAL OR DELETION OF ANY MATERIALS ON THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF LADY GREEN OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LADY GREEN, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE APP.
All users of our App acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the App, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Lady Green reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our App.
LIMITATIONS ON ACTIONS
Any dispute arising from the App and your use of the App and related services will be governed by and construed and enforced in accordance with the laws of the state of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Florida and the United States, respectively, sitting in Miami-Dade County, Florida.
PLEASE NOTE THAT THIS SECTION CONTAINS A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH LADY GREEN. PLEASE READ IT CAREFULLY.
Each party hereby consents (a) to the exclusive jurisdiction of the courts in Miami-Dade County Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
APP GOVERNANCE AND SEVERABILITY