TheHottestSingles License Agreement
Effective Date: June 1, 2024
This TheHottestSingles License Agreement (the "Agreement" or "Terms") is entered into between THS_App, Inc. ("THS_App," "we," "us," or "our"), a corporation organized under the laws of the United States, and you ("User," "you," or "your"). This Agreement governs your access to and use of TheHottestSingles mobile application, website, and related services (collectively, the "Service").
Please read this agreement carefully before accessing or using the service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, which are incorporated into this Agreement by reference. If you do not agree to these Terms, you may not access or use the Service.
Introduction
1.1 Binding Agreement
By accessing or using TheHottestSingles Service, you agree to be bound by this Agreement. This Agreement applies to anyone who accesses or uses our Service, regardless of registration or subscription status.
1.2 Updates to the Agreement
THS_App reserves the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on our website with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking for any changes. Your continued access or use of our Service constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Service immediately.
1.3 Dispute Resolution
Please carefully review the dispute resolution provisions in Section 15 below. These govern the manner in which disputes will be addressed between you and THS_App. These provisions include a mandatory pre-arbitration informal dispute resolution process, an arbitration agreement, small claims court election, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is typically less discovery and appellate review than in court.
Account Eligibility and Your Responsibilities
2.1 Eligibility Requirements
You are not authorized to create an account or use the Service unless all of the following are true, and by using our Service, you represent and warrant that:
- You are an individual (i.e., not any body corporate, partnership, or other business entity) at least 18 years old;
- You are legally qualified to enter a binding contract with THS_App;
- 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;
- You are not on any list of individuals prohibited from conducting business with the United States;
- You are not prohibited by law from using our Service;
- You have not committed, been convicted of, or pled no contest to a felony or indictable offense, a sex crime, or any crime involving violence or a threat of violence;
- You are not required to register as a sex offender with any state, federal, or local sex offender registry;
- You do not have more than one account on our Service; and
- You have not previously been removed from our Service, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, all authorization to access our Service is automatically revoked, and you must immediately delete your account. THS_App retains the right to remove your access to our Service without warning.
2.2 User Responsibilities
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Use the latest version of the Website and/or App;
- Review the Safety Tips;
- Review and comply with the Community Guidelines, as updated from time to time; and
- Take reasonable measures to protect the security of your login information.
2.3 Prohibited Activities
You agree that you will not:
- Misrepresent your identity, age, or affiliations with a person or entity;
- Use the Service in a way that damages the Service or prevents its use by other users;
- Use our Service in a way to interfere with, disrupt, or negatively affect the platform, the servers, or our Service's networks;
- Use our Service for any harmful, illegal, or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise abuse or cause psychological harm;
- Post or share Prohibited Content (see Section 2.4);
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without their permission;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
- Use another user's account;
- Use our Service in relation to fraud, a pyramid scheme, or other similar practice;
- Violate the terms of the license granted to you by THS_App;
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Service without THS_App's prior written consent;
- Express or imply that any statements you make are endorsed by THS_App;
- Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Service;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Service;
- "Frame" or "mirror" any part of our Service without THS_App's prior written authorization;
- Use meta tags or code or other devices containing any reference to THS_App or the platform to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Service, or cause others to do so;
- Use or develop any third-party applications that interact with our Service or Member Content or information without our written consent;
- Use, access, or publish the TheHottestSingles application programming interface without our written consent;
- Probe, scan, or test the vulnerability of our Service or any system or network;
- Encourage, promote, or agree to engage in any activity that violates these Terms;
- Create a new account after we suspend or terminate your account, unless you receive our express permission; or
- Submit a report about a member's behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any TheHottestSingles reporting or appeals request system made available.
The license granted to you under these Terms and any authorization to access the Service is automatically revoked in the event that you do any of the above.
2.4 Prohibited Content
TheHottestSingles prohibits uploading or sharing content that:
- Could reasonably be deemed to be offensive or to harass, abuse, or cause psychological distress to another person;
- Is obscene, pornographic, violent, or contains nudity;
- Is abusive, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
- Encourages or facilitates any illegal activity;
- Encourages or facilitates any activity that may result in harm to the user or another person;
- Is defamatory, libelous, or untrue;
- Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites, or premium line telephone numbers);
- Involves or facilitates the transmission of spam;
- Contains any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment;
- Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you, unless expressly authorized by THS_App;
- Includes the image or likeness of another person without that person's consent;
- Includes an image or likeness of a minor who is unaccompanied by the minor's parent or guardian or not fully clothed;
- Is inconsistent with the intended use of the Service; or
- May harm the reputation of THS_App or its affiliates.
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
Content
3.1 Types of Content
While using our Service, you will have access to: (i) content that you upload or provide while using our Service ("Your Content"); (ii) content that other users upload or provide while using our Service ("Member Content"); and (iii) content that THS_App provides on and through our Service ("Our Content").
In this Agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Service, including information on users' profiles and in direct messages between users.
3.2 Your Content
You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Service. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person. If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3.3 Member Content
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Service. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by THS_App, you may only use Member Content to the extent that your use is consistent with our Service's purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
3.4 Our Content
THS_App owns or licenses all other content on our Service.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Service is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
Inappropriate Content and Misconduct; Reporting
THS_App does not tolerate inappropriate content or behavior on our Service.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Service. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile or in the messaging experience. You may also contact Customer Support.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Service and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Privacy
Privacy is important to us. We have a separate policy about it that you should read.
For information about how THS_App collects, uses, and shares your personal data, please read our Privacy Policy. By using our Service, you agree that we may use your personal data in accordance with our Privacy Policy.
Rights You Are Granted by THS_App
THS_App grants you the right to use and enjoy our Service, subject to these Terms.
For as long as you comply with these Terms, THS_App grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Service for purposes as intended by THS_App and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
Rights You Grant THS_App
You own all of the content you provide to THS_App, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to THS_App a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public Your Content, including any information you authorize us to access from third-party sources, in whole or in part, and in any way and in any format or medium currently known or developed in the future. THS_App's license to Your Content shall be non-exclusive, except that THS_App's license shall be exclusive with respect to derivative works created through use of our Service.
In addition, so that THS_App can prevent the use of Your Content outside of our Service, you authorize THS_App to act on your behalf with respect to infringing uses of Your Content taken from our Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Service. THS_App is not obligated to take any action with regard to use of Your Content by other users or third parties. THS_App's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for THS_App allowing you to use our Service, you agree that we, our affiliates, and our third-party partners may place advertising on our Service. By submitting suggestions or feedback to THS_App regarding our Service, you agree that THS_App may use and share such feedback for any purpose without compensating you.
You agree that THS_App may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property, or personal safety of the Company or any other person; or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.
Purchases and Automatically Renewing Subscriptions
8.1 Purchases
You will have the opportunity to purchase products and services from THS_App. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.
THS_App may offer products and services for purchase through iTunes, Google Play, or other external services authorized by THS_App (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). THS_App may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Service may be utilized without a subscription, canceling your subscription does not remove your profile from our Service. If you wish to fully terminate your account, you must terminate your account as set forth in Section 9.
THS_App operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size, past purchases, account activity, and more. We also regularly test new features and payment options. If you do not timely cancel your subscription, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorize us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service, or other offering; to impose conditions on the honoring of any coupon, discount, offer, or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service, or other offering.
8.2 External Service Purchases and Subscriptions
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not THS_App. To cancel a purchase made with your Apple ID, go to Settings within the app, and follow the instructions to cancel. You can also request assistance at Apple Support.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, THS_App may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a THS_App subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. THS_App will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8.4 below for more information.
8.3 Internal Purchases and Subscriptions
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize THS_App to charge the payment method you provide (your "Payment Method"). THS_App may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, THS_App may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a THS_App subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8.4 below for more information.
8.4 Refunds
Generally, all purchases are nonrefundable. Special terms for refunds apply in certain states and jurisdictions.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate 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 death. In the event that you become disabled (such that you are unable to use our Service) before the end of your 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 the Company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not THS_App. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at Apple Support. For any other purchase, please contact THS_App Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to:
THS_App, Inc.
Attn: Cancellations
P.O. Box 25472
Dallas, Texas 75225, USA
Referral Program
9.1 Referral Program Overview
TheHottestSingles offers a referral program that allows members to earn rewards for referring new members who subscribe to a paid membership.
9.2 Referral Rewards
For each new member you refer who subscribes to a paid membership of $19.95 per month or more, you will receive a referral reward of $5.00 per month for as long as the referred member maintains their paid membership at the qualifying level.
9.3 Eligibility Requirements
To be eligible to receive referral rewards:
- You must have an active account on TheHottestSingles;
- The person you refer must be a new member who has not previously had an account on TheHottestSingles;
- The referred member must subscribe to a paid membership of $19.95 per month or more;
- The referred member must maintain their paid membership at the qualifying level; and
- The referred member must acknowledge you as their referrer during the registration process.
9.4 Payment of Referral Rewards
Referral rewards will be paid on a monthly basis, on or around the same date that the referred member pays their monthly membership fee. Payments will be made to the payment method you have designated in your account settings.
9.5 Termination of Referral Rewards
You will stop receiving the $5.00 per month referral reward if:
- The referred member cancels their subscription or otherwise does not pay their monthly membership fee of $19.95 or more, for any reason;
- The referred member's account is suspended or terminated for violation of these Terms;
- Your account is suspended or terminated for violation of these Terms;
- THS_App determines, in its sole discretion, that the referral was fraudulent or violated these Terms; or
- THS_App discontinues the referral program.
9.6 Modifications to the Referral Program
THS_App reserves the right to modify, suspend, or terminate the referral program at any time, with or without notice. Any changes to the referral program will not affect referral rewards earned prior to the effective date of such changes, but may affect future referral rewards.
9.7 Taxes
You are solely responsible for any tax implications related to receiving referral rewards. THS_App may be required to report referral rewards to tax authorities and/or withhold taxes from referral rewards, as required by applicable law.
Account Termination
If you no longer wish to use our Service, or if we terminate your account for any reason, here's what you need to know.
You can delete your account at any time by logging into the Website or App, going to "Settings", clicking "Delete Account", and following the instructions to complete the deletion process. However, you will need to cancel/manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
THS_App reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if THS_App believes that you have violated these Terms, misused our Service, or behaved in a way that THS_App regards as inappropriate or unlawful, on or off our Service. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Service.
If your account is terminated by you or by THS_App for any reason, these Terms continue and remain enforceable between you and THS_App, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
No Criminal Background or Identity Verification Checks
THS_App does not conduct criminal background or identity verification checks on its users. Though THS_App strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Tips.
You understand that THS_App does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. THS_App makes no representations or warranties as to the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of users. THS_App reserves the right to conduct - and you authorize THS_App to conduct - any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the Company decides to conduct any screening through a consumer reporting agency, you hereby authorize the Company to obtain and use a consumer report about you to determine your eligibility under these Terms.
You are solely responsible for your interactions with other users. We cannot and do not guarantee your safety and are not a substitute for following the Safety Tips and other sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Service, including automatic notifications sent by THS_App, may result from users engaging with the Service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
Though THS_App strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
Disclaimer
THS_App's Service is provided "as is" and we do not make, and cannot make, any representations about the content or features of our Service or Member Content.
THS_App provides our Service on an "as is" and "as available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our Service (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. THS_App does not represent or warrant that (a) our Service will be uninterrupted, secure, or error free, (b) any defects or errors in our Service will be discovered or corrected, or (c) that any content or information you obtain on or through our Service will be accurate, complete, current or appropriate for your purposes. Furthermore, THS_App makes no guarantees as to the number of active users at any time; users' ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the Service.
THS_App assumes no responsibility for any content that you or another user or third party posts, sends, receives, or acts on through our Service, nor does THS_App assume any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through THS_App. Any material downloaded or otherwise obtained through the use of our Service is accessed at your own discretion and risk. THS_App 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, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.
Digital Millennium Copyright Act
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
THS_App has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to copyright@thehottestsingles.com, by phone to 214-576-3272 or via mail to the following address: Copyright Compliance Department c/o THS_App Legal, 8750 N. Central Expressway, Dallas, Texas 75231.
THS_App will terminate the accounts of repeat infringers.
Ads and Third-Party Content
You may see ads and third-party promotions on our Service. THS_App does not endorse and isn't responsible for your interactions with those products or services.
Our Service may contain advertisements and promotions offered by third parties and links to other websites or resources. THS_App is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, THS_App is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. THS_App is not responsible or liable for such third parties' terms or actions.
Limitation of Liability
THS_App's liability is limited to the maximum extent allowed by applicable law.
To the fullest extent permitted by applicable law, in no event will THS_App, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service, (ii) the conduct or content of any users or third parties on or through any of our affiliates' service or in connection with the Service; or (iii) any unauthorized access, use, or alteration of your content, even if THS_App has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event will THS_App's aggregate liability to you for all claims relating to the Service exceed the greater of (a) $100 USD or (b) the amount paid, if any, by you to THS_App for the Service during the twenty-four (24) month period immediately preceding the date that you first file a lawsuit, arbitration or any other legal proceeding against THS_App, whether statutory, in law or in equity, in any tribunal. The damages limitation set forth in the immediately preceding sentence applies (i) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise), (ii) irrespective of the type of breach of rights, privileges, or obligations, and (iii) with respect to all events, the Service, and this Agreement.
The limitation of liability provisions set forth in this Section 15 shall apply even if your remedies under this Agreement fail with respect to their essential purpose.
Some jurisdictions do not allow the limitation of certain damages, so some or all of the limitations in this section may not apply to you.
Dispute Resolution Section
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction.
16.1 Informal Dispute Resolution Process
If you are dissatisfied with our Service for any reason, please contact THS_App Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against THS_App, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 16, "THS_App" shall include our affiliates, employees, licensors, and service providers.
THS_App values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. "Dispute" is any dispute, claim, or controversy between you and THS_App that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. "Dispute" as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement.
If you have a Dispute with THS_App ("Your Dispute"), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice ("Notice") to THS_App, Inc., at its principal place of business. Your Notice must contain all of the following information: (1) your full name; (2) information that enables THS_App to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective.
If THS_App has a Dispute with you ("THS_App's Dispute"), THS_App agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. THS_App's Dispute Notice must likewise set forth a detailed description of THS_App's Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any).
You and THS_App agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, THS_App may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you're represented by counsel. Likewise, you may request a telephone conference to discuss THS_App's Dispute with you, and THS_App agrees to have one representative participate.
This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or THS_App may initiate an arbitration (subject to a Party's right to elect small claims court as provided below).
16.2 Individual Relief: Class Action and Jury Trial Waiver
To the fullest extent allowable by law, you and THS_App each waive the right to a jury trial and the right to litigate disputes in court in favor of individual arbitration (except for small claims court as provided herein). You and THS_App each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis. To the fullest extent allowable by law, there shall be no right or authority for any claims to be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis. The arbitrator can award the same relief available in court provided that the arbitrator may only award final relief (including injunctive or declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide final relief warranted by that individual party's claim. The arbitrator may not award final relief for, against, or on behalf of anyone who is not a party to the arbitration on a class, collective, representative, or private attorney general basis.
16.3 Dispute Resolution Through Arbitration or Small Claims Court
Any Dispute (that is not resolved informally by THS_App Customer Service or as provided under subsection 16.1 above) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or THS_App may elect to have an individual claim heard in small claims court.
16.4 Governing Law
The laws of the state where THS_App, Inc. is headquartered, without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Service, and the Dispute Resolution Process set forth in Section 16 shall be governed by the Federal Arbitration Act.
Indemnity by You
You agree to indemnify THS_App if a claim is made against THS_App due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless THS_App, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of our Service, Your Content, your conduct toward other users, or your breach of this Agreement.
Acceptance of Terms
By using our Service, you accept the Terms of this Agreement.
By using our Service, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Service.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
Entire Agreement
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips and any Additional Terms Upon Purchase, contain the entire agreement between you and THS_App regarding the use of our Service. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your TheHottestSingles account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind THS_App in any manner.
Special Terms for Residents of Certain Locations
Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For subscribers residing in New York:
- The Service does not guarantee any number of "referrals" - rather, the functionality of the Service is such that the subscriber can view as many profiles as he/she would like;
- Upon notice in writing and delivered to THS_App Legal, P.O. Box 25472, Dallas, Texas 75225, USA, subscribers may place their subscription on hold for up to one year;
- How your information is used and how you may access your information is set forth in Section 5 and our Privacy Policy;
- You may review the New York Dating Service Consumer Bill of Rights.
For subscribers residing in North Carolina:
- You may review the North Carolina Buyer's Rights.
For subscribers residing in Illinois, New York, North Carolina and Ohio:
- Our Service is widely available in the United States - if you believe that you have moved outside a location where we provide the Service, please contact us in writing delivered to THS_App Legal, P.O. Box 25472, Dallas, Texas 75225, USA, and we will work with you to provide alternative services or a refund.
For subscribers residing in Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin:
Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate 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 death. In the event that you become disabled (such that you are unable to use our Service) before the end of your 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 the Company notice in the same manner as you request a refund as described above in Section 8.4.
