Terms

Last updated: 5th September 2015

 

Accessing the Temptr application (the “Service”) you agree to be bound by these Terms of Use (this “Agreement”). You should also read the Privacy Policy which is incorporated by reference into this Agreement and available in the Service.

1. Acceptance 

This agreement is a contract that establishes the legally binding terms you must accept to use the service.  It includes the company’s privacy policy, safety and terms of use. 

By accessing or using the service, you accept this agreement and agree to the terms, conditions and notices contained or referenced herein. To withdraw this consent, you must cease using the service and terminate your account. 

2. Eligibility

You must be at least 17 years of age to access and use the service. Any use of the service is void where prohibited. By accessing and using the service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement. 

3. Creating an Account

To use Temptr, you must sign in using your Facebook log-in.  

If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Temptr users. For more information regarding the information we collect from you and how we use it, please consult our privacy policy. 

4. Term

This agreement will remain in full force and effect while you use the service.

The company may terminate or suspend your account at any time without notice if the company believes that you have breached this agreement, or for any other reason, with or without cause, in its sole discretion. You may disable your account at any time, for any reason, by following the instructions in “Settings” in the service. 

5. Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the company of any disclosure or unauthorized use of your username or password or any other breach of security.

6. Other Users

You are solely responsible for your interactions with other users. you understand that the company currently does not conduct criminal background checks or screenings on its users. Ahe company also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. the company makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. The Company is not responsible for the conduct of any user.  The Company, its affiliates or its partners shall not be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service including, without limitation, death, bodily injury, emotional distress, and any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user.

7. Proprietary Rights

The company owns and retains all proprietary rights in the service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The service contains the copyrighted material, trademarks, and other proprietary information of the company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the service, without first obtaining the prior written consent of the company or, if such property is not owned by the company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

8. Content 

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available on the service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted. You may not post as part of the service, or transmit to the company or any other user, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the content on the service and grant the licenses set forth below.

You understand and agree that the company may, but is not obligated to, monitor or review any content you post as part of a service. The company may delete any content, in whole or in part, that in the sole judgment of the company violates this agreement or may harm the reputation of the service or the company.

Posting content as part of the service, you automatically grant to the company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by the company will not infringe or violate the rights of any third party.

You agree that any content you place on the service may be viewed by other users and may be viewed by any person visiting or participating in the service.

9. Prohibited Activities

The company reserves the right to investigate, suspend and/or terminate your account if you have misused the service or behaved in a way the company regards as inappropriate or unlawful, including actions or communications the occur off the service but involve users you meet through the service.

10. Disclaimers

You acknowledge and agree that neither the company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the service, whether caused by users or any of the equipment or programming associated with or utilised in the service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalisation settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorised access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. 

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorised to download or obtain any material through the service.

The company may make third party opinions, advice, statements, offers, or other third party information or content available through the service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. The company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.

In addition to the preceding paragraph and other provisions of this agreement, any advice that may be posted in the service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the service. 

11. Indemnity

You agree to indemnify and hold the company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including legal fees, made by any third party due to or arising out of your breach of or failure to comply with this agreement, any postings or content you post in the service, and the violation of any law or regulation by you. 

12. Amendment

This agreement is subject to change by the company at any time. 

 

13. Contact 

If you have any questions about these terms of use please contact us by email on hello@itstemptr.com or mail at Terms of Use, Relevant Mix Limited, The Barn, Northfield, Birmingham, B31 2LX, U.K.