Effective Date: September 18, 2018
These TERMS OF SERVICE govern your access to and use of the Filter App (hereinafter referred to as the “App” or “Filter”). As such, PLEASE READ THESE TERMS CAREFULLY.
WELCOME to Filter! WE’RE HAPPY THAT YOU’VE JOINED US! We look forward to helping you connect with new friends and find the type of relationship you’re looking for.
THESE TERMS ARE LEGALLY BINDING
You agree to comply with these Terms of Service. If you access or use Filter, you confirm that you have read, understand and agree to be bound by them.
AMENDMENTS TO TERMS OF SERVICE; ADDITIONAL THIRD PARTY TERMS
ALSO, we may make amendments to these Terms of Service from time to time. We will provide a notification of these changed terms upon your subsequent use of the App. Such notification may only appear one time and will provide a link to the revised Terms of Service. Whether or not you elect to read the revised terms, your continued use of the App constitutes your acceptance of these updated and/or revised terms.
FURTHER, your use of, or participation in, certain Services available on the App may be subject to additional terms, and such terms will be either listed in this Agreement or you will receive notification when you sign up to use such Services.
Filter is owned by Filter Inc. Any references herein to “Filter, Inc.” or “Us” or “We” refers to Filter, Inc., the owner.
BEFORE WE GET STARTED, HERE ARE A FEW SIMPLE RULES
You Must be at Least 18 years of Age.
The App may not be used by anyone under the age of eighteen (18). By continuing to use this App you represent that you are at least eighteen years of age. You may not access or use the App if this is not true.
You MUST be a resident of the United States or Canada.
Due to data privacy and other considerations, all users must reside within the United States or Canada.
You have NOT been convicted of a violent felony or a sexual crime.
You represent and warrant that you have never been convicted of a violent felony or sexual crime.
*PLEASE NOTE THAT FILTER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS BUT RELIES ON VOLUNTARY USER INFORMATION.
You are NOT a registered sex offender.
You represent and warrant that you are not required to register with any government entity as a sex offender.
*AGAIN, PLEASE NOTE THAT FILTER, INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS BUT RELIES ON VOLUNTARY USER INFORMATION. FILTER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. THIS DISCLAIMER IS FURTHER DETAILED BELOW.
Further, you are NOT located in or reside in a country subject to a US Government embargo. And you are NOT located in or reside in a country that is designated a “terrorist supporting” country by the US Government.
Also you are NOT listed on any U.S. Government list of prohibited or restricted parties.
HOW THE APP WORKS
Our App allows you to create one (1) unique profile and to upload, store, and share your personal information and other content to your account. You retain ownership in any intellectual property rights that you already possessed in that content.
When you upload, store, or share your personal information and other content to or through our App, you grant to Us, Filter, Inc., and our service providers a worldwide license to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display and distribute such personal information and content.
The rights you grant in this license are for the limited purpose of operating, promoting, and improving the App and any related Services and to develop new ones related to the App.
You also grant users of the App the right to access such personal information and content that you upload to your account.
VERIFICATION OF IDENTITY
We give you the option to create your Filter account using your Facebook account login. We also request that you verify your identity by logging into your LinkedIn account or by entering your phone number and receiving a code via text message which you then enter into the App. We automatically store this information for verification purposes.
We may also require you to provide additional information to verify your identity. In addition, we may use additional information in your profile on these third-party platforms (i.e. Facebook and LinkedIn) in order to exclude connections for the sake of privacy.
By using the App, you agree to comply with all terms and conditions of use of these third-party websites, apps, services, and/or platforms.
We are not liable or responsible for the goods or services provided by these third-party websites, apps, services, and/or platforms or the violation of any privacy rights or their use of your personal data and content. Please familiarize yourself with their usage terms and privacy policies. Also we are not responsible and have no liability for any loss or damages caused by use of and interaction with and on these third-party websites, apps, services, and/or platforms.
The following content is not permitted on the App. Upon discovery, Filter, Inc. reserves the right to immediately suspend and/or terminate the account of any user who posts the following content:
- Content that promotes or encourages discrimination or promotes or encourages any illegal activity;
- Offensive, harassing, threatening, defamatory, or libelous content;
- Obscene, pornographic or degrading content;
- Content depicting minors in an inappropriate, compromised, romantic, or otherwise offensive or obscene manner;
- Junk mail or spam, including any links to such content;
- Malicious code, programs, or content, including but not limited to any viruses, malware, spy ware, adware, scrapers, bots, data miners, corrupted files or other malicious code or content designed to damage, disrupt, co-opt, control, limit, harass, or otherwise impede the intended functioning of the App, and its related and/or affiliated or third party contractors’ and/or service providers’ infrastructure, software, hardware, telecommunications, networks, servers or other equipment, or to expropriate without proper permission any data from the App, its related and/or affiliated parties, third party contractor’s or service provider’s, and/or the App’s users;
- Content promoting commercial products or services or otherwise engaging in any commercial activity or enterprise using the App, including but not limited to links to other websites or telephone numbers or other sources of information for a commercial purpose;
- Content that infringes the rights of any third parties, including, but not limited to privacy and intellectual property rights;
Filter, Inc. does not actively scan for such content, but upon being made aware of such content, Filter Inc. will take appropriate action.
YOUR USE OF THE APP
By using the App, as mentioned above, you grant to us the right to make your content available to the general public, as required by the App in any format or medium now known or developed in the future, this includes a non-exclusive, worldwide, perpetual royalty-free license to use your content in the operation and promotion of the App, including without limitation editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, and distribution of such content. We endeavor to limit use of your content solely to the proper functioning of the App and related content, but our lawyer requires us to obtain this broad license to cover us for all potential legal scenarios.
As businesses grow and change, we may have to assign and/or sub-license these rights to an affiliate or successor entity, such as an entity who buys our company. You grant us the right to do this without approval from you.
Further, again at the behest of our lawyer, we retain the right to remove, edit, or limit any of your content without review or without advance notice to you.
You also agree that you will not share, assign, or transfer your account. It is for your own personal use only. You are only granted one (1) account and one (1) profile for that account. You also agree to keep your login credentials safe. We are not responsible for damage or access to your account because of misappropriated login info that is not our fault.
Also, you acknowledge and agree that you do not have any rights to the content posted by other users of the App and are only granted permission to access such content as provided rightfully by the App and the user(s) who posted such content.
You also agree that you will not provide misleading or false information to Filter, Inc. or to any other use. After all, who wants to connect with someone who is not telling the truth. If you notice information in your account that is inaccurate please let us know so that we can update it and provide accurate information to all users of the App!
Please be aware that we want everyone to enjoy their use of the App, as such we have created some ratings mechanisms to make people aware of every potential match’s activity level and quality of interaction with other users of the App. As such we highly encourage our users to abide by the Code of Conduct found on our website (www.go-filter.com/code-of-conduct/) and on the App. Users who violate the Code of Conduct may have their ratings negatively affected. For example, a user who sends inappropriate messages may have their profile conduct rating lowered significantly. However, additional positive and appropriate messages and interactions by the previously penalized user will allow their ratings to begin to go back up. These ratings are calculated on an automated basis.
By using the App, you consent to Filter, Inc. developing rating mechanisms to rate you and other users of the App and you acknowledge that Filter, Inc. may take into account the feedback of other users at face value and without opportunity for response, rebuttal, or clarification by you or anyone else and that consequently your ratings may be affected without your having any control, feedback, input or opportunity to respond or dispute any feedback or allegations and to consequently raise your ratings.
You agree that Filter, Inc. may alter your ratings in its sole and absolute discretion at any time and without notice to you. You agree that you will not seek remedies or restitution, legal or otherwise, from Filter, Inc. or users of the App because of such ratings. You agree that such ratings may be completely arbitrary and without merit and consent to use the App despite any potential or actual damage to your reputation, relationship(s), social standing, opportunities whether personal or professional or otherwise, income, earning potential, or any other personal or collective harm. You acknowledge that ratings are intended in good faith to foster a more congenial, positive, and beneficial community for all Filter users. You agree to submit to such a ratings system and its potential and unforeseeable consequences. For more information on the ratings system employed on the App, please visit our website: https://www.go-filter.com.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you own all rights, including but not limited to all intellectual property rights in and to any information or content that you upload, submit, and/or store on the App. You further agree that you will not post any content that violates the rights of any third party, nor any confidential information without the content of the owner of that confidential information.
You represent and warrant that you will abide by the ‘Prohibited Content’ restrictions above and not post or facilitate the posting of any such content on the App.
We, as our lawyer has advised us, cannot and do not warrant or represent that you will find matches or find matches that fit your criteria and/or interests. We strive to make excellent matches possible, but again, constrained by legal counsel, cannot guarantee such matches nor that a certain quantity or frequency of matches will be provided to you the user. We cannot guarantee, explicitly or implicitly, that you will ultimately enjoy or find the App compatible with your pursuit of connections and relationships or expectations. What we can do is promise to work hard to try and help make that happen. We hope that you find it to be an excellent connecting tool.
DURATION, TERMINATION OF ACCOUNT
We do not anticipate having to suspend or terminate anyone’s account who is behaving in good faith and building positive relationships through the App, but for legal reasons and to protect the App and its sustainability, we retain this flexibility. We may similarly remove any of your content or personal data from our App and servers, again for any reason or no reason at all, without notice and in our sole discretion. Further, we cannot refund any funds previously paid to Filter, Inc., nor be responsible for funds paid to a third party, because of the termination or suspension of your account or the removal of any content, whether initiated by Filter, Inc. or by yourself.
Filter, Inc. reserves the right to use any legal and/or technological means to enforce these Terms of Service, including but not limited to blocking specific IP addresses at any time, without liability, and without advance notice.
We own all content on the App that is not posted by another user or by yourself. All such content is protected by intellectual rights including but not limited to copyright and trademark rights. You may not use it, modify it, edit, disassemble, create derivative works from it, transfer, or share any of it without our express written consent. These rights at all times remain with us. Our content includes but is not limited to any interface, graphics, icons, font use, logos, or other elements of the App.
Even though we own such content out right, we grant you a non-exclusive, revocable, non-sublicensable, limited personal license to our content while using the App.
Further, to assist in providing matches, connections, and other helpful information and services on the App and related products, including but not limited to localized events, restaurants, or other relevant venues, we may track your geographic location using GPS, WIFI, Bluetooth, or a similar technology in your device. Such information is especially helpful in connecting you to local events and venues. We may share this geo-location data with third party applications that aggregate and provide information about events, as well as restaurants and venues in specific geographic locations. To make use of this feature, please enable the App to access your location data.
THIRD PARTY PLATFORMS
Sometimes we provide links to the third party owned and operated sites and platforms for non-verification purposes, such as providing information about nearby events and opportunities. For example, we may provide a link to StubHub or a similar online ticket or events based service in re: a concert or other event that we think might interest you. By providing links to these websites on the App we may receive compensation, however we will not provide any personal information to these third party owned and operated sites and platforms. Any personal information provided to these sites and platforms will be limited to the information and data that you provide them when you create an account on their site or platform and when you provide any payment or other information that they may request. Filter, Inc, its affiliates, representatives, agents, and service providers will not provide any personal information regarding any users to these third party owned and operated sites and platforms.
Further, Filter, Inc. does not guarantee the accuracy of any events, products, or service descriptions on any third-party sites or platforms.
These third party owned and operated sites and platforms are not controlled by Filter, Inc. and Filter, Inc. has no control, influence, or input in regard to their content, operations, or policies. Filter, Inc. provides these links as a convenience and does not endorse or accept any responsibility for the content.
Again, we are not liable or responsible for the goods or services provided by these third-party platforms or the violation of any privacy rights of any user or their use of your personal data. Please familiarize yourself with their usage terms and privacy policies. We are not responsible and have no liability for any loss or damages caused by use of and interaction with these third-party sites and platforms, including but not limited to any loss or damage involving any payment processing, personal data collection and usage, privacy, delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings. You agree that Filter, Inc. will not be liable for any loss or damage incurred as a result of your accessing and interacting with these sites and platforms.
THIRD PARTY PLATFORM IN-APP PURCHASES; PROCESSING OF PAYMENT
We may offer additional, supplementary products and/or services available to users in the future (“In-App Purchase”), such as reviving an expired match or the ability to ‘super like’ someone. If you choose to make an In-App Purchase, available through a third party owned and operated app store (e.g. Apple App Store or Google Play) you acknowledge and agree that additional terms may apply and that such terms are herein incorporated by reference. Paying via a third party owned and operated app store (e.g. Apple App Store or Google Play) will be according to their payment terms.
Your payment is non-refundable. Until Filter, Inc. receives payment the In-App Purchase may be unavailable. Additionally, some third party owned and operated app stores may charge you sales tax.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account (“IAP Account”) with these third party owned and operated app stores (e.g. Apple App Store or Google Play), and your IAP Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In App Purchases that apply to your IAP Account.
In the event of a conflict between a third-party owned and operated app stores’ terms of service and general terms for In App Purchases (e.g. Apple App Store Terms of Services and related agreements; and Google Play Terms of Service and related agreements) and these Terms of Service, the third-party owned and operated app stores’ terms of service and general terms for In App Purchases will control.
We are not responsible and have no liability whatsoever for goods or services you obtain through the third party owned and operated app stores. Please be familiar with their operating terms and privacy policies prior to commencing any transaction.
In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain.
Further, Filter, Inc. does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates’ endorsement of such products or services.
Moreover, Filter, Inc. and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change In-App Purchases, limiting, altering, eliminating, or modifying products, as well as barring certain users from accessing or making In-App Purchases, in our sole discretion. Further, users with deleted or terminated accounts, whether voluntarily or at the sole action and decision of Filter, Inc. will not be entitled to a refund of any fees, payments or other consideration.
Apple App Store
If you download the App from the Apple App Store, you agree to abide by the Apple App Store Terms of Service as amended and supplemented from time to time for the use of and downloading of apps from the Apple App Store.
The license granted to you for the App downloaded from the Apple App Store is a limited, non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You acknowledge and agree that Apple will not provide any maintenance and/or support services with respect to the App.
Apple is not responsible for any product warranties, whether express or implied by law. However, in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, who will refund any purchase price paid for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty should be addressed to Filter, Inc. according to the terms of these Terms of Service.
Filter, Inc. and not Apple, is responsible for addressing any claims relating to the App regarding: (i) product liability; (ii) that the App fails to conform to any applicable legal or regulatory requirements; and (iii) consumer protection or similar legislation. Such claims will be addressed according to these Terms of Service.
In the event of any third-party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Filter, Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Google Play Store
If you download the App from the Google Play Store, you agree to abide by the Google Play Terms of Services as amended and supplemented from time to time for the use of and downloading of apps from the Apple App Store.
The license granted to you for the App downloaded from the Google Play Store is a limited, non-transferable license to use the App that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
You acknowledge and agree that Google will not provide any maintenance and/or support services with respect to the App.
Google is not responsible for any product warranties, whether express or implied by law. However, in the event of any failure of the App to conform to any applicable warranty, you may notify Google, who will refund any purchase price paid for the App. To the maximum extent permitted by law, Google has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty should be addressed to Filter, Inc. according to the terms of these Terms of Service.
Filter, Inc. and not Google, is responsible for addressing any claims relating to the App regarding: (i) product liability or (ii) that the App fails to conform to any applicable legal or regulatory requirements. Such claims will be addressed according to these Terms of Service.
In the event of any third party claim that the App or your possession or use of the App infringes that third party’s intellectual property rights, Filter, Inc., not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
DELETE YOUR ACCOUNT
You may also deactivate your account through your account settings. We will store your data and content when you deactivate it until you decide to reactivate it. You may delete your account through your account settings as well.
Again, we cannot refund any funds previously paid to Filter, Inc. nor be responsible for funds paid to a third party, because of your account deletion or deactivation.
LIMITATION OF LIABILITY
THE APP AND ITS CONTENT, INCLUDING ANY USER’S CONTENT ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
ADDITIONALLY, FILTER, INC. MAKES NO WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, OUR CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP AND/OR ANY RELATED SERVICE(S), INCLUDING ANY IN-APP PURCHASES. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
FILTER, INC. TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
FILTER, INC. DISCLAIMS AND TAKES NO RESPONSIBILITY FOR YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER, ON OR OFF THE APP. AS SUCH FILTER, INC. WILL NOT BE LIABLE DIRECTLY OR INDIRECTLY, FOR ANY LOSSES OR DAMAGES WHATSOEVER, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH USE OF THE APP, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APP OR THEIR RELATIONS OR ACQUAINTANCES, WHETHER OR NOT INITIATED, FURTHERED, TERMINATED, OR OTHERWISE INFLUENCED DIRECTLY OR INDIRECTLY BY THE APP.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND ANY RELATED SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION OF LIABILITY AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
WARNINGS ABOUT POSTINGS
Be careful about what you post to your account in the App. Some of your information, including but not limited to your photo and first name, occupation, and college, age, height, distance away, what you have in common with a match, will be publicly visible on your profile. Once a match is made, additional information and media that you have submitted about yourself will be visible to that individual. Upon matching, your match’s access to your extended profile will permit them to further share your information or media with their friends or other third parties privately or publicly via the internet or otherwise. AS SUCH, WE URGE USERS TO EXERCISE DISCRETION AND CAUTION IN WHAT CONTENT THEY POST TO THEIR PROFILE AS WELL AS WHEN DISCLOSING PERSONAL INFORMATION AND/OR MEDIA DIRECTLY TO OTHER USERS OF THE APP. We do not recommend sharing email addresses, websites, phone numbers, residence or work addresses, or other means of direct communication with individuals until you have built sufficient rapport and trust with them. Also do not provide financial details, government ID (e.g. drivers license, passport) information, or other sensitive information until sufficient trust is established. Any sensitive information that you post about yourself, friend(s), loved one(s), or other individual(s) is at your own risk and potentially the risk of others and could readily become public information via internet search engine, social media, or otherwise. FILTER, INC. DOES NOT PROVIDE ANY PROTECTION OR GUARANTEE OF PRIVACY OF PERSONAL OR SENSITIVE INFORMATION.
PLEASE NOTE. As previously mentioned, we do not screen users of the App nor do we perform background checks, criminal or otherwise, and are therefore unaware of users’ present, past, or likely future nature, behavior, or conduct and thus are not responsible for their behavior or actions. We make no representations or warranties as to the veracity or truthfulness of any statements or content submitted or posted by users. We do not actively police or review content or behavior of users. If, however, we become aware of dangerous or inappropriate conduct by receiving notice of such conduct from users, we will do our best to appropriately limit the accounts of such individuals, while any required or relevant investigations and/or legal proceedings take place. Again, as outlined above, Filter, Inc. disclaims and takes no responsibility for any conduct of any user of the App or any party related to or acquainted with any user.
PLEASE EXERCISE CAUTION IN YOUR SHARING OF INFORMATION WITH OTHER USERS OF THE APP.
You agree to indemnify, defend, and hold harmless us (Filter, Inc.), our directors, officers, agents, employees, representatives, affiliates, and agents from and against any and all claims, proceedings, hearings, losses, damages, liabilities, costs, and expenses arising out of, caused by, or in connection with any intentional, reckless, willful, or negligent conduct by you, whether or not related to your use of the App, as well as your breach of any of the terms of this Terms of Service, or your violation of any law or the rights of any third party.
Even though you are indemnifying us, we reserve the right to control any settlement or alternative dispute resolution (ADR), and pay any claims or causes of action, in our sole discretion, and without your consent. You agree to fully cooperate with us in these matters. Further, we may, at our own cost, assume control of any defense, at your full cost and indemnification. You likewise agree to fully cooperate and assist Filter, Inc. in asserting any available defenses.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the App, please notify us at firstname.lastname@example.org with the following information as required under the Digital Millennium Copyright Act of 1998 (DMCA).
The following information must be included when you write to notify us of infringing content:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you assert is being infringed or if multiple copyrighted works are being infringed—a list of such works;
- Identification of the material that is asserted to be infringing that is to be removed or access disabled, and sufficient information to locate it on the App;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
- 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;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please note other intellectual property violations besides copyright are not covered by the DMCA.
ARBITRATION, CLASS-ACTION and JURY WAIVER
You agree that the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), and/or your use of the App will be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. Such arbitration will be conducted by written submissions only, unless either you or Filter, Inc. elect to invoke the right to an oral hearing before the Arbitrator. You agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Filter, Inc.
By using the App and consequently agreeing to the terms of this agreement, you agree to arbitrate any claim and/or dispute with Filter, Inc. according to these terms. In doing so, you along with Filter, Inc. give up the right to go to court, as well as the right to participate in a class action or representative proceeding. Filter, Inc., however, retains the right to file for injunctive relief as outlined below.
This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the State of California, including its statutes of limitations. Los Angeles County in the State of California will serve as the venue for any legal proceedings, whether in court in pursuit of injunctive relief or for arbitration, as outlined above. You consent to personal jurisdiction and venue in Los Angeles County and waive any objections thereto including any inconvenient forum objections.
You acknowledge and agree that any violation of this Agreement could cause Filter, Inc. irreparable harm. As such Filter, Inc. will be entitled to seek preliminary and/or permanent injunctions or temporary restraining orders without the necessity of posting a bond or other security.
These terms constitute the entire understanding between you and Filter, Inc. regarding your use of the App, superseding any prior terms or agreements. You also acknowledge and accept that this Agreement will survive the cancellation or termination of your use of the App.
The failure of Filter, Inc. to enforce any provision or exercise any right under this Agreement does not constitute a waiver of such provision or right. If any provision is held to be invalid, the remainder of this Agreement will continue in full force and effect. Any clause or paragraph headings are for convenience only and have no legal effect.
NOTICE: California website users may file complaints with:
California Department of Consumer Affairs ,
Complaint Assistance Unit
Division of Consumer Services,
400 R Street, Suite 1080,
Sacramento, California, 95814
Phone: (916) 445-1254 or (800) 952-5210
To address any questions, concerns or technical issues contact us at: