Welcome to Fumble! These Terms of Service (“Terms”) constitute a legally binding agreement between you, the user (“you” or “User”), and All Friends LLC (“we,” “us,” “our,” or “Fumble”) concerning your access to and use of the Fumble mobile application (the “App”) and our related services (collectively, the “Services”).
By creating a Fumble account or by using our Services, you agree to be bound by these Terms, our Privacy Policy, and any terms disclosed to you for in-app purchases. If you do not agree to these Terms, you may not use the Services.
1. Eligibility
You must be at least 18 years of age to create an account on Fumble and use the Services. By creating an account, you represent and warrant that:
- You are at least 18 years old.
- You are legally qualified to enter into a binding contract.
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country.
- You are not on any list of prohibited or restricted parties by the U.S. Government.
- You have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local sex offender registry.
2. Your Account
To use Fumble, you must create an account. You are responsible for maintaining the confidentiality of your login credentials, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately at dateappfornow@gmail.com.
3. In-App Purchases and Subscriptions
- Payment: All in-app purchases are processed through the Apple App Store, from which you originally downloaded the application. All purchases are managed through your Apple ID account and are subject to the terms and conditions of Apple.
- Automatic Renewal: Your weekly subscription will automatically renew for subsequent weekly periods unless you cancel it at least 24 hours before the end of the current subscription period.
- Cancellation: To cancel your subscription, you must do so through your Apple ID account settings. Deleting your Fumble account or the Fumble app from your device does not cancel your subscription.
- Refunds: All purchases are final and non-refundable. Any refund requests are subject to Apple's refund policies.
4. User Conduct and Content
You are solely responsible for the content and information you post, upload, or otherwise make available on our Services (“Content”).
You agree not to post Content that:
- Is hateful, threatening, sexually explicit, or pornographic.
- Incites violence or contains nudity or graphic or gratuitous violence.
- Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
- Is abusive, harassing, defamatory, or libelous.
- Constitutes commercial activities, such as advertising, solicitations, or "spam."
- Is illegal or promotes any illegal activities.
We reserve the right to investigate and/or terminate your account without a refund of any purchases if you have violated these Terms, misused the Service, or behaved in a way that we regard as inappropriate or unlawful.
5. User Safety & Disclaimer
FUMBLE AND ALL FRIENDS LLC DO NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS. You are solely responsible for your interactions with other users. Use your best judgment when interacting with others and review our safety tips.
YOU UNDERSTAND THAT FUMBLE DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. FUMBLE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.
6. Rights You Grant Fumble
By creating an account, you grant to Fumble a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute your Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
7. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under its Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Fumble in a small claims court of competent jurisdiction.
Waiver of Class Actions. By using the Service, you agree that any arbitration shall be limited to the dispute between us and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other, (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Opt-Out. You may opt out of this arbitration agreement. If you do so, neither you nor Fumble can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first become subject to this arbitration provision. You must use this address to opt out: All Friends LLC, Attn: Arbitration Opt-Out, [Your Company's Physical Address, City, State, Zip Code].
8. Governing Law
These Terms and any dispute between you and Fumble shall be governed by the laws of the State of California, without regard to principles of conflicts of law.
9. Disclaimers
FUMBLE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN).
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUMBLE, ITS AFFILIATES, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
11. Contact Us
If you have any questions about these Terms, please contact us at dateappfornow@gmail.com.
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