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Tingle 2 Terms of Service

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Acknowledgment

This Tingle 2 INC (“Tingle 2”) Terms of Service (Terms of Service) is a legal agreement between you and Tingle 2 only, and not Apple, Inc. (“Apple”). Tingle 2 is solely responsible for the Chances - Imagine if ... App (“App”) and the content thereof. 

 

Scope of License

Tingle 2 grants you a limited, non-exclusive, not-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the Vimeo iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service." Apps made available through the App Store are licensed, not sold, to you. Your license is subject to your prior acceptance of this Tingle 2 Terms of Service.

 

The Terms of Service will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Licensor that replace or supplements the original App. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App) You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the App from the Apple Device before doing so.

 

App Usage

The App is intended for users age 18 and above to provide features so that you can connect with other people in a respectful and mutually desirable way. By using the App, you certify that you will agree to and abide by the guidelines set forth in Registration, and will adhere to the following rules:

 

  • The App will only be used to attempt to connect respectfully with other people

  • Intentions will be used to express your own intentions and for no other purpose

  • Chat will be used to communicate with another person once you have made a connection in ways you mutually agree to with the other person - ask permission before sending anything controversial

  • When using any feature of the App, do so respectfully and honestly

  • You agree not to use the App to harass, abuse, stalk, threaten or defame any person or entity

  • You agree to respect the intentions and wishes of the other person as it pertains to entering any type of connection with you, and to not undertake any inappropriate behavior that would compromise them

 

Tingle 2 has zero tolerance for objectionable content of any kind or abusive users using the App. Abuse will be defined in a broad way that includes any types of threats or implied threats, any dishonest behavior intended to compromise another user, or any actions on the App that is unwanted by the other person. Tingle 2 will closely monitor App usage, content, and reports of bad behavior. In addition to users having the ability to block a user, Tingle 2 reserves the right to warn or deactivate users’ accounts on its own determination of a single case of abusive behavior or any pattern of inappropriate behavior.

 

Tingle 2 actively monitors user reports and will act within 24 hours to remove the objectionable content and warn and/or deactivate the user who provided the offending content.

 

Safety

The App provides tools to allow you to connect other people and for them to attempt to connect with you. Tingle 2 highly recommends you consider safety first and foremost when entering into any conversation or attempted connection with another user. Tingle 2 does not perform background checks or safety checks on its users and it’s up to you to make good decisions. 

 

Tingle 2 provides a number of features in the App to allow you to manage your communications with other people. You may remove or ignore other users at any time. You may Block & Report users that have demonstrated abusive behavior, used offensive language or content, or have made you feel uncomfortable with them or with using the App. Only interact with people you feel comfortable with, only send messages you stand behind, and only select intentions you are comfortable communicating to the other user if they choose the same intention.

 

Consent to Use of Data

Tingle 2 may collect and use technical data and related information -- including but not limited to technical information about your device, settings, system, and App usage that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Tingle 2 may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

 

Intellectual Property

Tingle 2 owns the App and all associated backend services provided by Tingle 2. This ownership covers the App as originally downloaded and all subsequent updates. The App shall remain the property of Tingle 2.

 

You agree not to copy or reproduce, reengineer, modify, transmit, create derivative works, make use of any intellectual property including code, user interface, user experience patterns, copyrighted material, images, trademarks, trade names, or service marks. You also agree that the content and proprietary information available through the App is the property of Tingle 2.

 

By agreeing to the Terms of Service you agree not to use the App or any content contained in the App for any commercial reasons without our written consent.

 

Maintenance and Support

Tingle 2 is solely responsible for providing any maintenance and support services with respect to the App, as specified in the Terms of Service, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Tingle 2 is under no obligation to provide support for the App but will attempt to answer any questions submitted to support@thechancesapp.com or submitted through any feedback or suggestion features within the App.

 

Termination

The Terms of Service document is effective until terminated by you or Tingle 2. Your rights under the Terms of Service will terminate automatically if you fail to comply with any of its terms.

 

External Services

The Licensed Application may enable access to Tingle 2 and third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Tingle 2 is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Tingle 2 or its agents.

 

You will not use the External Services in any manner that is inconsistent with the Terms of Service or that infringes the intellectual property rights of Tingle 2 or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. Tingle 2 or its third-party service owners reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

 

Third Party Beneficiary

Tingle 2 and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Service and that, upon the End-User’s acceptance of the terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against the End-User as a third party beneficiary thereof.

 

Third Party Intellectual Property Rights

To the extent that Tingle 2 is required to provide indemnification by applicable law, Tingle 2, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property right."

 

License Restrictions

By agreeing to this Agreement, the user represents and warrants that (i) he/she is 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; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

 

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application.

 

You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

 

Warranty

The App is provided on an "as is" basis. As such, Tingle 2 disclaims all warranties about the App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Tingle 2, not Apple, shall be solely responsible for such warranty.

 

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Product Claims Limitation of Liability

Tingle 2 and you acknowledge that Tingle 2, not Apple, is responsible for addressing any claims of you or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks.

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TINGLE 2 BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

Jurisdiction

This Agreement and the relationship between Tingle 2 and you shall be governed by the laws of the State of Washington, excluding its conflicts of law provisions. for any legal proceedings involving Apple, you, Tingle 2, and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

 

Tingle 2 INC

1752 NW Market St #4639

Seattle, Washington 98107

 

We can be reached via email at inquiry@thechancesapp.com. We monitor this email and will respond promptly to any direct questions, complaints, or claims.

 

Effective as of October 30, 2022

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