|Company Name (“Company”)||FUSE APP CORP|
|Company Address||124 Plymouth Rd. Ambler PA, 19002|
|Last Revision Date||October 2023|
|User, you||Shall mean the user or viewer of the App.|
|Territory||The United States, and [elsewhere]|
FUSE is a dating App that hones in on humans’ social nature, FUSE allows everyone to join in on what is now a part of modern-day culture: dating apps. Existing dating apps are primarily designed for single people seeking relationships. We’re on a mission to make every user feel connected, supported, and ready to conquer the world of dating.
Please be aware that if you subscribe to services for a term, then the terms of your subscription will be automatically renewed while you still using the App.
SECTION 1: INTRODUCTION
1.3 These Terms set forth the legally binding terms and conditions that govern the User’s use of the App. By accessing or using the App, the User is accepting these Terms (on behalf of the User and the entity that the User represents), and the User represents and warrants that the User has the right, authority, and capacity to enter these Terms (on behalf of the User and the entity the User represents). If the User does not agree with all the provisions of these Terms, the User should not access or use the App.
1.4 The App is not to be used by minors (persons under 18). Use of the App constitutes confirmation by the User that the User is 18 years or older.
1.5 The Company will bear no liability whatsoever arising out of any unauthorized use of the App.
SECTION 2: ACCOUNTS
2.1 In order to use certain features of the App, the User must register for an account (“Account”) and provide certain information about the User as prompted by the account registration form. The User represents and warrants that: (1) all required registration information provided is truthful and accurate, and (2) the User will maintain the accuracy of such information. The User may delete its Account at any time, for any reason, by following the instructions on the App. The Company may suspend or terminate the Account by these Terms.
2.2 Account Responsibilities. The User is responsible for maintaining the confidentiality of their Account login information and is fully responsible for all activities that occur under the Account. The User agrees to immediately notify the Company of any unauthorized use, or suspected unauthorized use of the Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from the User’s failure to comply with the above requirements.
2.3 Notifications. We may provide you with emails, text messages, push notifications, alerts, and other messages related to the App and/or the Fuse services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt-out by changing your notification settings on your mobile device.
2.4 Access. The App may allow access to or make available opportunities for you to view certain content and receive other products, services, and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials.
SECTION 3: ACCESS TO THE APPLICATION
3.1 Subject to these Terms, the Company grants the User a non-transferable, non-exclusive, revocable, limited license to use and access the App.
3.2 The rights granted to the User herein are subject to the following restrictions: (1) the User shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, whether in whole or in part, or any content displayed on the App; (2) the User shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (3) the User shall not access the App in order to build a similar or competitive App, product, or service; and (4) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the App shall be subject to these Terms. All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.
3.3 The Company reserves the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to the User. The User agrees that the Company will not be liable to the User or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.
3.4 The User acknowledges and agrees that the Company will have no obligation to provide the User with any support or maintenance in connection with the App.
3.5 Excluding any User Content that the User may provide (defined below), the User acknowledges that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the App and its content, are owned by Company or Company’s suppliers. Neither these Terms (nor the User’s access to the App) transfers to the User or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. The Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3.6 The basic version of the App is free; however, the User may choose to be in the PRO version for certain fees which shall be notified to you in the Application. If the User chooses to make a subscription in the App, the User acknowledges and agrees that additional terms, disclosed to you at the point of purchase, may apply. You will be given notice of changes in the pricing of the subscription to which you have subscribed and an opportunity to cancel. If the App changes these prices and you do not cancel your subscription, you agree that you will be charged at the App’s then-current pricing for the subscription.
SECTION 4: USER CONTENT
4.1 “User Content” means all information and content that a user submits to, or uses with, the App (e.g., content in the user’s profile or postings). The User is solely responsible for its User Content. The User assumes all risks associated with the use of its User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of its User Content that personally identifies the User or any third party. The User hereby represents and warrants that the User Content does not violate the Company’s Acceptable Use Policy (defined below). The User may not represent or imply to others that its User Content is in any way provided, sponsored, or endorsed by the Company. Since the User is solely responsible for its User Content, the User may be exposed to liability if, for example, the User Content violates the Acceptable Use Policy. The Company is not obligated to back up any User Content, and any User Content may be deleted from the App at any time without prior notice. The User is solely responsible for creating and maintaining its own backup copies of any User Content.
4.2 The User hereby grants and the User represents and warrants that it has the right to grant to the Company an irrevocable, nonexclusive, 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 and exploit the User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including User Content in the App. The User hereby irrevocably waives (and agrees to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.
4.3 The following terms constitute the Company’s “Acceptable Use Policy”:
4.3.1 The User agrees not to use the App to collect, upload, transmit, display, or distribute any User Content: (1) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (3) that is harmful to minors in any way; or (4) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
4.3.2 In addition, the User agrees not to: (1) upload, transmit, or distribute to or through the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (2) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (3) use the App to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (4) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (5) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (6) harass or interfere with any other user’s use and enjoyment of the App; or (7) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App (provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
4.4 The Company reserves the right to review any User Content, and to investigate and/or take appropriate action against the User in the Company’s sole discretion if the User violates the Acceptable Use Policy or any other provision of these Terms or otherwise creates liability for the Company or any other person. Such action may include removing or modifying any User Content, terminating the User’s Account by these Terms, and/or reporting the User to law enforcement authorities.
4.5 If the User provides the Company with any feedback or suggestions regarding the App (“Feedback”), the User hereby assigns to the Company all rights in such Feedback and agrees that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that the User provides to the Company as non-confidential and non-proprietary. The User agrees that the User will not submit to the Company any information or ideas that the User considers to be confidential or proprietary.
4.6 The User agrees to indemnify the Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s: (1) use of the App; (2) violation of these Terms; (3) violation of applicable laws or regulations; or (4) the User Content. The Company reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Company, and the User agrees to cooperate with the Company’s defense of these claims. The User agrees not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify the User of any such claim, action, or proceeding upon becoming aware of it.
4.7 We retain the exclusive right to settle, compromise, and pay all claims or causes of action that are brought against us without your prior consent. If we ask, and we have the right to ask you about what we had paid, and you must co-operate with us to settle this dispute.
SECTION 5: THIRD-PARTY LINKS; OTHER USERS
5.1 The App may contain links to third-party applications and services, and/or display advertisements for third parties (collectively, “Third Party Links”). Such Third-Party Links are not under the control of the Company, and the Company is not responsible for any Third-Party Links. The Company provides access to these Third-Party Links only as a convenience to the User and does not review, approve, monitor, endorse, warrant, or make any representations concerning such Third-Party Links. The User shall use Third-Party Links at the User’s own risk and should apply a suitable level of caution and discretion in doing so. When the User clicks on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. The User should make whatever investigation the User believes is necessary or appropriate before proceeding with any transaction in connection with such third-party Links.
5.2 Each User is solely responsible for all its own User Content. Because the Company does not control User Content, the User acknowledges and agrees that the Company is not responsible for any User Content, whether provided by the User or by others. The Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. The User’s interactions with other App users are solely between the User and such users. The User agrees that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between the User and any other App user, the Company is under no obligation to become involved.
5.3 Subject to applicable law, the User hereby releases and forever discharges the Company (and the Company’s officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the App (including any interactions with, or act or omission of, other App users or any Third Party Links).
SECTION 6: DISCLAIMERS
6.1 The App is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, the Company expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company makes no warranty that the App will meet the User’s requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, and free of viruses or other harmful code, complete, legal, or safe. You are solely responsible for your interactions with other users. The Company is not responsible for the conduct of any user. The Company does not conduct criminal background checks on its users.
6.2 In no event shall the Company be liable to the User or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or the User’s use of, or inability to use, the App, even if the Company has been advised of the possibility of such damages. Access to, and use of, the App is at the User’s own discretion and risk, and the User will be solely responsible for any damage to the User’s device or computer system, or loss of data resulting therefrom.
6.3 These Terms will remain in full force and effect throughout the User’s use of the App. The Company may suspend or terminate the User’s rights to use the App (including the Account) at any time for any reason in the Company’s sole discretion, including for any use of the App in violation of these Terms. Upon termination of the User’s rights under these Terms, the Account, and the right to access and use the App will terminate immediately. The User understands that any termination of the Account may involve the deletion of some, or all User Content associated with the Account from the Company’s live databases. The Company will not have any liability whatsoever to the User for any termination of the User’s rights under these Terms, including for termination of the Account or deletion of some or all User Content.
SECTION 7: GENERAL
7.1 These Terms are subject to occasional revision and if the Company makes any substantial changes, the Company may notify the User by email to the last email address provided to the Company (if any), and/or by prominently posting notice of the changes on the Company’s App. The User is responsible for providing the Company with the User’s most current email address. If the last email address that the User provided the Company is not valid, or for any reason is not capable of transmitting the notice described above, the Company’s dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of (1) thirty (30) calendar days following the Company’s dispatch of an email notice to the User (if applicable); or (2) thirty (30) calendar days following the Company’s posting of notice of the changes on the App. These changes will be effective immediately for new users of the App. Continued use of the App following notice of such changes shall indicate the User’s acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
7.2 All communications between the User and the Company shall be conducted electronically. For contractual purposes, the User: (1) consents to receive communications from the Company in electronic form; and (2) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
7.3 These Terms constitute the entire agreement between the User and the Company regarding the use of the App.
7.4 A waiver by the Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of the Company, and shall apply only to the circumstances for which it is given. The Company’s failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
7.5 The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
7.6 If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
7.7 The User confirms that it is acting on its own behalf and not for the benefit of any other person. The User’s relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other.
7.8 These Terms, and the User’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the User without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
7.9 These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Territory. The User agrees that the courts of the Territory shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
7.10 All trademarks, logos, and service marks (“Marks”) displayed on the App are the property of the Company or the property of other third parties. The User is not permitted to use these Marks without the Company’s prior written consent or the consent of such third parties that may own the Marks.
7.11 The User may contact the Company at any time at the email and address listed above.
7.12 The Terms constitute a binding legal agreement between you as user (“you”) and the Company (“we” or “us”).
7.13 The interpretation and enforcement of these terms and conditions shall be governed by and construed in accordance with the laws of the United States of America. Any disputes, controversies, or claims arising out of or relating to these terms and conditions, or the breach thereof, shall be subject to the federal and state courts’ exclusive jurisdiction in the United States.
SECTION 8: TERM & TERMINATION
8.1 These Terms commence on the date you accept them and continue until terminated in accordance with the terms herein.
8.2 You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account.
8.3 In the event that Fuse determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the Fuse regards as inappropriate or unlawful (whether on or off the App), the Application shall reserve the right to: (a) warn you via email (to any email addresses you have provided to us) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which we deem to be appropriate. You agree that all terminations for cause shall be made in Fuse’s sole discretion and that Fuse shall not be liable to you or any third party for any termination of your Account. Termination of these Terms or your Account includes the removal of access to your Account and all related information and content associated with or inside your Account.
SECTION 9: LIMITATION OF LIABILITY
9.1 Fuse will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the App, App, our content, or any member content, however, caused. The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the App or website, your sole and exclusive remedy is to stop your use of the App and website.