(B) Services. Statiq Dating is a dating app and “night planner” for single women and men. Unlike other dating apps, Statiq uses your current location to connect users to others that are in the same geofenced area (also called “zones”). These areas encompass a popular street, bar scene, or even a custom temporarily fenced location. Each zone landing page highlights “Statiq Recommended” bars or venues to help the user decide where to go. Statiq assists in deciding the plans for the user’s night as it will alert you to zones that have a large amount of Statiq user activity. “Statiq Threads” will show user conversations (between users already in that zone) about what is happening in a particular zone. This social thread is intended to be a conversation about which bars are fun, and which are busy or crowded. Users can see these threads from home but cannot interact with them until they are in the zone. Users cannot see “active users” (only how many users there are in a zone) until they are in a particular zone and on the app. Once in the same zone, Statiq allows users to see other available singles and facilitates an icebreaker (or “STATIQ”) to alert them of your interest in chatting face to face, then and there.
(D) The Services are offered and available to users and guests who are 18 years of age or older. By using Statiq, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
3. Accessing the Services and Account Security.
(A) We reserve the right to withdraw or amend Statiq and any of the Services (including any Support Services) provided on Statiq. Further, we reserve the right to revise, update, modify, and close down any of the Services provided herein. We will not be liable, if for any reason, all or any part of Statiq or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of Statiq, restrict access to some part of the Services, or Statiq, to users, including registered users.
(C) To use certain features of Statiq or Services, you must register for an account with Statiq by registering as a member on Statiq (“Statiq Account”) and providing certain information about yourself as prompted by the Statiq registration form, including your first and last name, a valid telephone number, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, a valid billing address, and a valid phone number. On the Company’s behalf, a payment processor (e.g. PayPal) will process your payment for Services and you are required to provide your applicable credit card number, expiration date, and CVV code (unless you are paying for the Services using your payment processor account). We will not receive or store your credit card information in that case.
(D) You represent and warrant that: (i) all required registration information you submit is truthful and accurate, and (ii) you will maintain the accuracy of such information. You may not create more than one Statiq Account, and you may delete your Statiq Account at any time, for any reason, by following the instructions on Statiq. Statiq may suspend or terminate your Statiq Account for any reason at any time in its sole discretion.
(F) When you sign in through your Social Media credentials (as may be available), or any other information as part of our security procedures, you must hereby agree to treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Statiq Account is personal to you and agree not to provide any other person with access to Statiq, Services, or portions of either using your username, password or other security information, including your Social Media login credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
(H) Please note that you may only use the Statiq Account for personal purposes only and not for any business or commercial uses without written consent of the Company.
4. Services Transaction Terms.
(A) You can upload and use the app free of charge. However, in the future, a fee may be charged to use or access certain features.
(B) All transactions for Services are subject to sales tax and VAT, including by way of any jurisdiction in which we are legally obligated to collect a sales tax.
(C) All transactions for Services are final and non-refundable; once a transaction has been submitted, it may not be canceled or reversed except with the written consent of the Company. The Company, at all times, reserves the right to review, cancel, and reverse any transaction in the event of fraud, a charge-back of any transaction fee paid by credit card or other payment method accepted by the Company, or an error or mistake by the Company.
(D) The Company regularly adjusts prices for Services based on a variety of factors.
(E) The Company strives to provide current and accurate information on Statiq about the Services or from merchants offering goods and services on Statiq, or regarding the offers and transactions available to you. Nevertheless, errors and misprints occur, and accordingly, the Company reserves the right to reject, correct, cancel, or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. The Company reserves the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances is the Company obligated to process or complete any transaction based on any error, misprint, or otherwise.
5. Communications with the Company.
The Company may provide you with use of email and chat support services, instant messaging services, chat areas, calendars, or other message designed to enable you to communicate with the Company (“Communication Services”). You hereby consent to the following communications from the Company:
(A) telephone calls, text messages, and/or email from the Company regarding the Services, and
(B) information about the Company’s upcoming Services.
(C) In addition, you agree that you will not:
(D) use Communication Services to conduct surveys, contests, pyramid schemes, chain letters, spam email, or any unsolicited messages (commercial or otherwise),
(E) defame, abuse, harass, threaten, or otherwise violate the legal rights of others,
(F) upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material, virus or information,
(G) upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same,
(H) falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or labels of the origin of source of service that is uploaded,
(I) violate any code of conduct or other guidelines which may be applicable for any particular Communication Service,
(J) create a false identity for the purpose of misleading the Company or others.
(K) The Company has no obligation to monitor the Communication Services, but reserves the right to review materials posted to the Communication Services and to remove or censor any material in its sole discretion.
6. Intellectual Property Rights.
(A) Statiq, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
(i) your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively,
(ii) you may store files that are automatically cached by your Web browser for display enhancement purposes,
(iii) you may not authorize any organizations, companies, or businesses to use the Services for any purpose, except for with the written consent of the Company, and
(iv) when we provide Social Media features with certain content, you may take such actions as are enabled by such features.
(C) You must not:
(i) modify copies of any materials from this site,
(ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site, and
(iii) you must not nor permit access or use for any commercial purposes any part of Statiq.
If you wish to make any use of material on Statiq other than that set out in this section, please address your request to email@example.com.
The Company name, the term “Statiq” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Statiq are the trademarks of their respective owners, where applicable.
8. Prohibited Uses.
(i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
(ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise,
(iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
(v) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing), or
(vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Statiq, or which, as determined by us, may harm the Company or users of Statiq or expose them to liability.
(B) Additionally, you agree not to:
(i) use Statiq in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Statiq or Services, including their ability to engage in real time activities through Statiq or Services,
(ii) use any robot, spider or other automatic device, process, or means to access Statiq or Services for any purpose, including monitoring or copying any of the material presented thereon including any information contained in your Social Media,
(iii) use any manual process to monitor or copy any of the material on Statiq or Services, or for any other unauthorized purpose without our prior written consent,
(iv) use any device, software or routine that interferes with the proper working of the and delivery of the Services,
(v) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
(vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Statiq or Services, the server on which Statiq or Services is stored, or any server, computer or database connected to the Services,
(vii) attack Statiq or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack, or
(viii) otherwise attempt to interfere with the proper working of Statiq or Services.
9. User Uploads.
(A) Statiq may contain message boards, chat rooms, personal and commercial web pages and profiles, our proprietary review portals, and other interactive features (collectively, “User Services”) that allow users to post, submit, publish, display, review, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Uploads”) on or through Statiq.
(C) Any User Upload you post to the site will be considered non-confidential and non-proprietary. By providing any User Upload on Statiq, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
(D) You represent and warrant that:
(i) you own or control all rights to, including intellectual property rights, the User Uploads and have the right to grant the license granted above to us and our licensees, successors and assigns,
(iii) you understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Uploads posted by you or any other user of Statiq.
10. Monitoring and Enforcement; Termination.
(A) We have the right to:
(i) remove or refuse to post any User Uploads for any or no reason in our sole discretion,
(iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy,
(iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Statiq or the Services, including any stalking or harassment, or
(B) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Statiq or the Services.
(C) YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
(D) However, we do not undertake to review material before it is posted on Statiq or the Services, we do not and cannot ensure the accuracy of the information posted, and cannot ensure prompt removal of objectionable material (and its impact) after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, subject to any applicable law.
(E) You hereby grant, and you represent and warrant that you have the right to grant, to Statiq an irrevocable, non-exclusive, 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 your User Uploads, and to grant sublicenses of the foregoing, solely for the purposes of including your User Uploads in Statiq and Services. You agree to irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Uploads.
11. Content Standards.
These content standards (“Content Standards”) apply to any and all User Uploads and use of User Services. User Uploads must in their entirety comply with all applicable federal, state, local and international laws, including intellectual property laws, and regulations.
(A) Without limiting the foregoing, User Uploads must not:
(i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable,
(ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
(iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
(v) be likely to deceive any person,
(vi) promote any illegal activity, or advocate, promote or assist any unlawful act,
(vii) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person,
(viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization,
(ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, or
(x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
(B) If you post reviews on Statiq, the Services, or any of Statiq’s social media pages or channels, you agree not to post reviews that are not based upon your personal experience or are otherwise designed for any purpose other than providing other users, both guests and registrants with Statiq Accounts, with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions in these Content Standards, reviews posted on Statiq, the Services, or any of Statiq’s social media pages or channels must not:
(i) be written exclusively in capital letters,
(ii) be plagiarized,
(iii) contain spam or advertisements,
(iv) contain personally identifying information about any Statiq user or account holder;
(v) contain personally identifying information about any Company executives, owners, offices, employees, or agents, including any contact persons listed on Statiq, or other persons,
(vi) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals;
(vii) contain personal grievances.
(C) If you have any concerns or complaints regarding the Services, please do not hesitate to contact Statiq directly at firstname.lastname@example.org.
12. Copyright Infringement.
We do not condone copyright infringement, and will terminate the user accounts of infringers. You may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied or posted on Statiq or the Services in a way that constitutes copyright infringement, please provide our Copyright Agent (provided in this Section 12), in writing, with the information as follows:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or of interest in the copyright;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the allegedly infringing material is located on Statiq, or in the provision of the Services, with reasonably sufficient detail to enable the Company to find the allegedly infringing material, including a URL;
(iv) your address, telephone number to reach you, and email address;
(v) a written statement by you representing that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a written statement by you, made under penalty of perjury, that all of 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 the Company’s Copyright Agent at email@example.com, or at the following address:
Carbon Law Group, P.C., US Bank Tower, 633 W. 5th Street, Suite 2600, Los Angeles, California 90071, (323) 543-4453
13. Reliance on Information Posted.
(A) The information presented on or through Statiq or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Statiq or Services, or by anyone who may be informed of any of its contents.
(B) Statiq may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinion and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
14. Changes to Statiq.
(A) We may update the content on Statiq, including with regard to the Services (and Support Services) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Statiq may be out of date at any given time, and we are under no obligation to update such material.
15. Information About You.
16. Linking to Statiq.
(A) You may link to Statiq, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
(B) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
(i) establish a link from any website that is not owned by you,
(ii) cause Statiq or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, nor
(C) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
(D) We may disable all or any Social Media features and any links at any time without notice in our discretion.
17. Links from Statiq.
If Statiq may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to Statiq, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps, where applicable.
18. Third Party Materials; Promotions.
(A) Third Party Materials. Statiq or the Services might display, include or make available third-party content (including data, information, articles, applications, or other products, services or materials) or contain links to third party websites, services, and advertisements for third parties such as Promotions (defined below) (collectively, the “Third Party Materials”). You agree that Statiq is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Statiq does not assume nor and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience.
(B) Promotions. Statiq or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed retailers (collectively, the “Promotions”). Promotions are treated as Third Party Materials under this Agreement. Statiq displays Promotions on Statiq and Services, as well as direct user text messaging, as a form of advertisement for the listing retailer only (the “Offeror”). All Promotions are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on Statiq or Services. The Offeror, and not Statiq, is solely responsible for:
(i) compliance with all aspects of the Promotion and applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto),
(ii) all goods and services it provides to you in connection with the Promotion, and
(iii) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Promotion or not.
19. Geographic Restrictions.
The owner of Statiq is based in California. We provide Statiq for use only by persons located in jurisdictions in which the Company’s operations are legal. We make no claims that Statiq or any of its content is accessible or appropriate outside of such jurisdictions. Access to Statiq may not be legal by certain persons or in certain countries. If you access Statiq from outside a legal jurisdiction, you do so on your own initiative and are responsible for compliance with local and regional laws, including intellectual property laws.
20. Disclaimer of Warranties.
(A) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Statiq, or the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
(B) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of statiq or any services or items obtained through the statiq or to your downloading of any material posted on it, or on any website or app linked to it.
(C) Your use of statiq, its content and any services or items obtained through statiq is at your own risk. Statiq, its content and any services or items obtained through statiq are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of statiq. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that statiq, its content or any services or items obtained through statiq will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that statiq or any services or items obtained through statiq will otherwise meet your needs or expectations.
(D) The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
(E) The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
(F) Please use your best judgment using Statiq. We care about you and we want you to enjoy using Statiq safely and responsibly. However, you understand there are people out there who may not always have the best intentions (this is a fact of life), therefore, we ask you to be vigilant with your safety. Before, during, or after a meeting with a Statiq user, please take reasonable precautions, such as:
· let at least one other person know where you are going, with whom, and when you will be back;
· select a safe meeting location;
· set clear boundaries with your date;
· if you do not feel 100% comfortable before meeting someone, politely decline the date; and
· notify the authorities if someone is harassing you.
21. Limitation on Liability.
(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, STATIQ, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON STATIQ OR SUCH OTHER WEBSITES OR APPS ANY SERVICES OR ITEMS OBTAINED THROUGH STATIQ OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF STATIQ ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE STATIQ SERVICES AND STATIQ EXCEED THE LESSER OF (I) THE AMOUNT PAID, IF ANY BY YOU TO US FOR ANY SERVICES OR (II) $100.00.
(C) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Governing Law and Jurisdiction.
(B) IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
24. Dispute Resolution.
25. Limitation on Time to File Claims.
26. Waiver; Severability.
27. Entire Agreement.
28. Your Comments and Concerns.
(A) You may contact us at 12016 Washington Place, Unit 106, Los Angeles, CA 90066
(B) All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
(C) All other feedback, comments, requests for technical support and other communications relating to Statiq should be directed to firstname.lastname@example.org.