Updated October 5, 2022
Welcome to Fourplay!
Fourplay is a downloadable App which provides a double dating experience that allows Members to Team up with friends to create two person Teams (“Team(s)”) to match with another Team. A match generates a fourplay chat, where the four of you can discuss meeting in person for a double date (together the “Services”).
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
DO NOT USE OUR PLATFORM IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE PLATFORM OR ANY OF ITS CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS HEREIN, THEN YOU MAY NOT USE THE PLATFORM.
We provide our Services to Visitors and Members (as defined below) subject to the following Terms, which may be updated, modified, or changed by us from time to time. Any new features or tools, which are added to the Platform, shall also be subject to the Terms outlined herein. Please refer to the date at the top of this document which provides that most updated time that our Terms have been modified, amended, or changed. Your continued use of our Services establishes that you accept our Terms, including any and all changes, and that you will be legally bound by the updated Terms. If you do not accept a change that is made to our Terms, you should stop using our Platform immediately.
2. DESCRIPTION AND USE OF SERVICES
Fourplay is a free mobile application that allows Members to Team up with friends and meet twice the singles in half the time! We provide Visitors and Members with access to the Services as described in these Terms. Let us define some terms for you...
Visitors: Visitors (“Visitors”) are people who don’t create an account on Fourplay, but want to view all publicly accessible content, browse through the introduction of the App, and email or contact us for any reason.
Members: Members (“Members”) are users that have signed up to join our Platform. Members can do all the things that Visitors can do, as well as: (a) create an account on the Platform, which includes answering required and optional demographic and lifestyle questions (“Stats”); (b) upload an individual thumbnail photo of themselves; (c) create an unlimited number of Teams with other Fourplay Members (one Team equals the Member plus a person that Member knows personally); (d) browse through other Teams on Fourplay looking for prospective matches (a match equals all four Members from both Teams, two from each Team, “liking” each other’s team); (e) and message and communicate with Teams in a group chat once a match has occurred. In order to subscribe to the Platform, Members must register and enter a verification code, which is sent via SMS to that person’s mobile phone.
We are under no obligation to accept any individual or Team as a Member, and may accept or reject any registration at any time at our sole and complete discretion.
3. RESTRICTIONS AND MEMBER ELIGIBILITY
Before creating an account on Fourplay, it is essential that you read this Section and ensure you are eligible to use our Platform and access our Services.
Fourplay is absolutely not to be used by any individual under the age of 18. If you are under 18 years of age you shall not create an account on our Platform. Feel free to come back to us when you are the appropriate age!
You are not authorized to create an account or use the Platform unless all the following are true, and by using our Platform, you represent and warrant that:
You are at least 18 years of age;
You agree to only use Fourplay to create Teams with people you know in real life in order to match, communicate and meet other people;
You are able to enter a binding contract with Fourplay;
You are located in the United States;
You are not on any list of persons prohibited by law from using Fourplay or other social networking services, dating sites and/or mobile applications;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You have never been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You do not have more than one account on Fourplay;
You will not use the Platform for any unlawful purpose;
You will comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; and
You have not been removed from our Platform in the past unless you have our expressed written permission to create a new account.
If, at any time you no longer meet these requirements, all authorization to access our Platform shall be automatically revoked and you must immediately delete your account. If you do not, we retain the right to remove your access to our Platform without warning. Please understand that our Members’ safety is of the utmost importance to us, and we do not take violations of these Terms lightly.
4. YOUR RESPONSIBILITIES
By accessing and/or using the Platform, you hereby agree to:
Comply with these Terms and check this page occasionally to ensure awareness of any changes;
Comply with all applicable laws, including and without limitation to, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Present yourself respectfully and use an accurate photo of yourself, clearly showing your face, as your thumbnail photo (in case you haven’t heard...catfishing does not fly on Fourplay);
Use the latest version of the Platform; and
Treat other Members in a courteous and respectful manner, both on and off our Platform.
By accessing and/or using the Platform, you hereby agree you will not:
Use the Platform to raise or solicit money from other Members; advertise or promote a product, service, or company; or engage in any pyramid or multi-tiered marketing scheme;
Access or use the Platform to collect any market research;
Intimidate, harass, bully, stalk, assault, harm, defame, or otherwise mistreat any Member or user of our Platform, as well as our customer care representatives and other Fourplay representatives;
Record in any medium any live video or audio chat with another Member without that Member’s prior consent;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and you will not misrepresent your identity, age, or any other Stats (this specifically includes catfishing);
Cover, obscure, block, or in any way interfere with any advertisements and/or safety features (for example, the ability to block, avoid or report a Member) on the Platform;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure including uploading of large files;
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
Use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals;
Interfere with or attempt to interrupt the proper operation of the Platform using any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
Use the Platform in any way that (a) may damage the Platform and/or the Services; (b) prevent other Members from using the Platform; or (c) use our Platform in any way that would interfere with, disrupt, or negatively affect our Platform’s servers, networks, or platforms;
Copy, transmit, modify, distribute, or create any derivative works from any other Member Content (defined in Section 8), Our Content (defined in Section 9), or any images, copyrighted material, service marks, trademarks, trade names, or other intellectual property, content or proprietary information accessible through our Services without our prior written consent;
Probe, scan, or test the vulnerability of our Platform or any system or network;
Use, access, or publish the Platform’s programming interface without our prior written consent;
Use or develop any third party applications that interact with our Platform, Member Content, or any information without our prior written consent;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted on or through Fourplay or our Platform;
Use code, meta tags or other devices that contain any reference to our Platform or any of our trademarks, trade names, service marks, logos, or slogans to direct any person to any other website for any purpose;
Modify, adapt, sell, reverse engineer, sublicense, translate, decompile or otherwise disassemble any portion of our Platform, or cause others to do so;
Solicit other Members’ log-in credentials or other Members’ personal identifying information for commercial or unlawful purposes or disseminate another person’s personal information; or
Use another Member’s account.
Fourplay’s community, like any community, functions best when its Members follow a few simple rules.
(Member Content, Your Content, and Our Content will be collectively referred to as “Content”). We reserve the right, in our sole and absolute discretion, to deny you access to our Platform, or any portion of the Services, without notice, and to remove any Content.
While using our Platform and/or accessing our Services, you will have access to the following:
“Your Content” is anything you have uploaded or posted to the Platform and includes, but is not limited to, photos and/or videos of you, photos and/or videos of you and your Team, your Stats, and messages you post in your Team and Fourplay chats. Please maintain a copy of Your Content as we do not have an obligation to provide it to you upon removal or deletion of your account.
“Member Content” belongs to the Member who posted the content and is subject to these Terms including those provided in Section 8. This content is stored on our servers and displayed at the direction of that Member.
“Our Content” is any content on our Platform that is not Member Content or Your Content. Please read Sections 6 -10 for more information regarding Content.
6. PROHIBITED CONTENT
Fourplay prohibits uploading or sharing content that:
Is false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch” offer (once again, catfishing still does not fly on Fourplay);
Advertises or promotes any illegal services or activity including, without limitation, terrorism, inciting racial hatred, sexism, bigotry, or other hatred or the submission of which in itself constitutes committing a criminal offense;
Implies or expresses that any statement you make is endorsed by Fourplay;
Was not written by you, unless Fourplay expressly authorizes it;
Includes images or likeness of another person without that person’s consent (or, if a minor, the minor’s parent or guardian’s consent);
Is not consistent with the intended use of our Platform;
May harm our reputation or the reputation of any of our affiliates;
Discloses private or proprietary information that you do not have the right to disclose;
Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
Is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence;
Is abusive, threatening, insulting or discriminatory;
Relates to commercial activity including, without limitation, competitions, promotions, sales, soliciting for services, “sugar baby” or “sugar daddy” relationships, or links to other websites;
Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
Encourages, promotes, or agrees to engage in any activity that violates these Terms; or
Contains viruses, corrupt files, spyware, and anything of the like that is designed to interrupt or damage functionality of software, hardware, etc.
The uploading or sharing of Content that violates these Terms may result in the immediate suspension or termination of your account. If you come across Content that violates our community guidelines please contact us at firstname.lastname@example.org and we will review as soon as possible. We love when our Members play an active role in keeping their community safe.
7. YOUR CONTENT
You are solely responsible for Your Content. Your Content includes, but is not limited to, photos and/or videos of you, photos and/or videos of your or your Team, your Stats, your messages in Fourplay and your messages in private chats. Do not share anything that you would not want others to see, that violates these Terms, or that may expose you or us to legal liability.
You are entirely and exclusively liable for Your Content and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that Your Content is accurate, including any information submitted through Facebook or other third party sources (if applicable), and that you will update your account as necessary to ensure its accuracy.
By uploading Your Content, you acknowledge and agree that Your Content may be viewed by other Members and, notwithstanding these Terms other Members may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all of the necessary rights and licenses to do so and automatically grant us a license to use Your Content.
You expressly acknowledge and agree that once you submit Your Content for inclusion into the Platform, it will be accessible by others, and there is no confidentiality or privacy with respect to Your Content, including, without limitation, any personally identifying information that you may make available.
YOU, AND NOT FOURPLAY, ARE ENTIRELY RESPONSIBLE FOR ALL OF YOUR CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.
As a Member of Fourplay’s community, you understand and agree that we may monitor and review Your Content at any time and reserve all rights to remove, delete, limit, block, edit, or prevent access to any of Your Content at any time at our sole discretion. You also understand that we have no obligation to display or review Your Content.
Please exercise extreme caution and discretion before adding Your Content to our Platform. Every one of our Member’s privacy and safety is important to us. If you are unsure if Your Content violates these Terms, please contact us at email@example.com with the subject line: My Content.
8. MEMBER CONTENT
While using the Platform and/or accessing the Services, you will have access to Member Content. Such Member Content is owned by the Member who posted it and may not be copied, downloaded, or used outside of the Platform as contemplated by these Terms. Member Content is stored on our servers and displayed at the direction of that Member. Member Content includes, but is not limited to, photos and/or videos of that Member, that Member’s Stats, and messages that Member posts in private and Fourplay chats. We reserve the right to terminate your account if you misuse Member Content.
A quick word on the Digital Millennium Copyright Act 1998: Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. Please see Section 28 for more information regarding this Act.
9. OUR CONTENT
Fourplay owns all other content on our Platform. Our Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Fourplay. Our Content may be owned by us or by third parties. Our Content is protected under both United States and foreign laws. Unauthorized use of Our Content may violate copyright, trademark, and other laws. You have no rights in or to Our Content, and you will not use Our Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of Our Content. You may not sell, transfer, assign, license, sublicense, or modify Our Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Our Content in any way for any public or commercial purpose. The use or posting of Our Content on any other website or in a networked computer environment for any purpose is expressly prohibited. Fourplay grants Members a non-exclusive, limited, personal, revocable, and non-transferrable right to Our Content while using the Platform.
If you violate any part of these Terms, your access and/or use Our Content and the Platform automatically terminates, and you must immediately destroy any copies you have made of Our Content.
The trademarks, service marks, and logos of Fourplay (“Fourplay Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Fourplay. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third Party Trademarks”, and, collectively with Fourplay Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited. All goodwill generated from the use of Fourplay Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of Our Content may be retransmitted without our express, written consent.
10. INAPPROPRIATE CONTENT, MISCONDUCT, AND REPORTING
We mean it when we say Fourplay has a zero-tolerance policy for inappropriate content or behavior both on and off of our Platform. We will not tolerate any person who does not abide by these Terms. We encourage and ask you to please report any inappropriate Member Content or misconduct by other Members. You can report a Member or a Team by going into the App and tapping “Account” >>>> “Settings” >>>> “Report” under the Cold Shoulder section. You can also email us at firstname.lastname@example.org with the subject line: Report.
For the avoidance of doubt, Fourplay shall not be held liable for any action or inaction by any Member in connection with inappropriate content, as outlined in this Section.
11. SIGN-IN AND UNIQUE IDENTIFIERS
During the registration process, we will ask you to create an account, which includes your phone number and certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each email address and phone number can be used by only one Member. You are solely responsible for the confidentiality and use of your sign-in credentials, email address, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate your account or change any Unique Identifier. We reserve the right to delete or change your sign-in credentials or Unique Identifier at any time and for any reason. Fourplay will not be liable for any loss or damage caused by any unauthorized use of your account.
12. PAYMENT AND EXTERNAL SERVICE PURCHASES
Fourplay is a free downloadable mobile application. Fourplay may offer other products and services for purchase through iTunes, Google Play, or other external services authorized by us (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). External Service Purchases may be processed through the External Services.
If you have a question about any charge on your credit card or PayPal statement, please contact customer service for the applicable External Service. Please note that if you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Fourplay may terminate your account immediately in its sole discretion.
Generally, all purchases are final and nonrefundable. However, there may be special terms that apply in Arizona, California, Connecticut, Illinois, Iowa, Maryland, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
14. RIGHTS GRANTED
As a Member of the Fourplay community, you are granted rights by us and, in return, you grant us rights.
Rights Fourplay Grants You: If you comply with these Terms, Fourplay grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Platform and Services for the purposes as intended by Fourplay and permitted by these Terms and applicable laws.
Rights You Grant Fourplay: Although you retain all copyrights and other intellectual property rights in and to Your Content, you do hereby grant us and our sublicensees a non-exclusive, perpetual, royalty-free, freely sublicensable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) Your Content, including the information you authorize us to access from Facebook or another third party source (if applicable), in whole or in part, and all intellectual property and moral rights therein via the Platform throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Fourplay’s license to Your Content shall be non-exclusive, except that Fourplay’s license shall be exclusive with respect to any derivative works created through use of our Platform. As an example, Fourplay would have exclusive license to screenshots of our Platform that include Your Content. Without limiting the foregoing, you acknowledge and agree that uses of Your Content permitted by the foregoing rights and licenses may include the display of Your Content adjacent to advertising and other material or content, including for profit. By allowing you to use our Platform, you agree that we, our affiliates, and/or our third party partners may place advertising on our Platform. Please note that if you submit suggestions or feedback to us, regarding our Platform, you agree that Fourplay may use and share that feedback, for any reason or purpose, without compensating you.
You authorize Fourplay to act on your behalf with respect to infringing uses of Your Content taken from our Platform by other Members or third parties so that we can prevent the use of Your Content outside of our Platform. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Platform. Fourplay is not obligated to take any action with regard to use of Your Content by other Members or third parties. Fourplay’s license to Your Content is subject to your rights under applicable law (such as laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
16. TERMINATING YOUR FOURPLAY ACCOUNT
You may terminate your Fourplay account at any time by:
Logging into the App
Tapping “Account” at the bottom of your screen
Scrolling down to the bottom and tapping “DELETE ACCOUNT”
Please remember that you will need to cancel or manage any External Service Purchases through your External Service Account to avoid additional billing.
Please note that Fourplay reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you violate our Terms, misuse our Platform and/or Services, or demonstrate, in any way, inappropriate or unlawful behavior on or off our Platform. We reserve the right to use any personal, technological, legal, or other means available to enforce these Terms. We may do so at any time and without obligation to give you prior notice, including, but not limited to, preventing you from accessing the Platform and/or the Services.
17. CHANGES TO THE SERVICES
We may change or discontinue, temporarily or permanently, any feature, component, or content at any time without notice. Fourplay is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Platform and/or the Services.
18. COMMUNICATIONS TO US; USER CONTENT
Please do not email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
19. COMMUNICATIONS TO YOU; SMS, EMAILS, & CALLS
20. COMMENTS, RATINGS, AND REVIEWS
You may have the option to provide a rating and/or comment on the Platform (“Feedback”). Any Feedback you leave must reflect your honest experience with the Platform for its intended purpose and must comply with any Fourplay community guidelines. Fourplay may remove Feedback for any reason, at any time, without notice. Fourplay may also deny to you permission to leave future Feedback or deactivate your account for Feedback violations at our sole discretion. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (whether written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Fourplay, including any of its employees or contractors, of the Platform, or of the Services.
21. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
FOURPLAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ACTION OR INACTION ADVERTISED OR OFFERED BY ANY MEMBER, TEAM, OR ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOURPLAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION AS APPROPRIATE. FOR THE AVOIDANCE OF DOUBT, FOUPLAY IS A THIRD PARTY FACILITATOR AND SHALL NOT BE HELD LIABLE FOR ANY ACTIONS OR INACTIONS OF ANY MEMBERS ON OR OFF THE PLATFORM.
IN THE EVENT ANY HARMFUL OR CRIMINAL ACTIVITY OCCURS BETWEEN MEMBERS OR TEAMS ON OR OFF THE PLATFORM, SUBJECT TO CONFIDENTIALITY RESTRICTIONS, FOURPLAY WILL PROVIDE AS MUCH PERSONAL INFORMATION TO COMPLY WITH APPLICABLE LAWS OR COURT PROCEEDINGS, BUT IN NO EVENT WILL FOUREPLAY BE HELD LIABLE.
FOURPLAY’S PLATFORM, ALL SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT YOU USE THE PLATFORM, THE SERVICES, AND THE CONTENT AT YOUR OWN RISK. WITHOUT LIMITING THE FORGOING, WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, THAT ANY CONTENT OR INFORMATION OBTAINED THROUGH FOURPLAY’S PLATFORM WILL BE ACCURATE, OR THAT THE PLATFORM, THE SERVICES, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM, THE SERVICES, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE AND/OR PURCHASE OF THE PRODUCTS AND SERVICES OR YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, OR THE CONTENT, INCURRED DIRECTLY OR INDIRECTLY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT SHALL FOURPLAY, ITS AFFILIATES, ITS EMPLOYEES, ITS LICENSORS, OR ITS PROVIDERS BE LIABLE FOR ANY LOSS OF DATA, USE, GOODWILL, OR ANY OTHER INTANGIBLE LOSS RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO USE OR ACCESS THE SERVICES, THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING THE USE OF THE SERVICES, OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FOURPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL FOURPLAY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM AND/OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO FOURPLAY FOR THE PLATFORM WHILE YOU HAVE AN ACCOUNT WITH US. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 21 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
22. DEALINGS WITH OTHER MEMBERS; NO IDENTITY VERIFICATION OR CRIMINAL BACKGROUND CHECKS
BY USING OUR PLATFORM AND/OR SERVICES YOU UNDERSTAND AND ACCEPT THAT FOURPLAY DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OR IDENTITY VERIFICATION CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE ABOUT THE BACKGROUND OF ITS MEMBERS. WHEN MEMBERS USE OUR PLATFORM, THEY MUST ENTER A VERIFICATION CODE SENT TO THEIR MOBILE DEVICE AS OUR WAY TO ENSURE MEMBERS ARE WHO THEY SAY THEY ARE. HOWEVER, FOURPLAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF OTHER MEMBERS ON THE SERVICES. FOURPLAY RESERVES THE RIGHT TO CONDUCT, AND YOU AUTHORIZE FOURPLAY TO CONDUCT, ANY CRIMINAL BACKGROUND SCREENING OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THIS PURPOSE. IF FOURPLAY DECIDES TO CONDUCT A SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS ON AND OFF THE PLATFORM. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. TO READ OUR TIPS ON SAFE DATING TAP “TOOLS” IN THE APP AND THEN OPEN “SAFE DATING TIPS.” ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY FOURPLAY, MAY RESULT FROM MEMBERS ENGAGING WITH THE PLATFORM FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. FOURPLAY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER ON AND OFF THE PLATFORM AND YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE PLATFORM OR MEET IN PERSON.
IMPORTANTLY, FOURPLAY MAKES NO GUARANTEES REGARDING THE NUMBER OF ACTIVE MEMBERS ON OUR PLATFORM AT ANY TIME, THAT OTHER MEMBERS WILL DESIRE OR WANT TO COMMUNICATE WITH YOU AND/OR YOUR TEAMMATE AND WILL WANT TO MEET YOU AND/OR YOUR TEAMMATE, OR THAT YOU WILL BE COMPATIBLE WITH OTHER MEMBERS ON THE PLATFORM.
FOURPLAY TAKES NO RESPONSIBILITY FOR YOUR CONTENT, OTHER MEMBER’S CONTENT, OR OTHER CONTENT THAT IS POSTED, SENT, OR RECEIVED THROUGH OUR PLATFORM. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE INTENTIONS, LEGITIMACY, IDENTITY, OR VERACITY OF ANY MEMBERS WITH WHOM YOU MAY COME ACROSS, COMMUNICATE WITH, AND MEET ON AND OFF THE PLATFORM. PLEASE USE EXTREME CAUTION WHEN ACCESSING OR DOWNLOADING ANY MATERIAL OBTAINED FROM THE PLATFORM BECAUSE YOU DO THIS AT YOUR OWN DISCRETION AND FOURPLAY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OR MOBILE DEVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
You acknowledge and agree that Fourplay shall not be liable for your interactions with any other Members or third parties through the Platform, including, without limitation, any transactions, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other Members or third parties. These dealings are solely between you and such other Members and third parties. You agree and acknowledge that Fourplay shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Members or between Members and any third party, you understand and agree that Fourplay is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other Members, you hereby release Fourplay, its officers, directors, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the Platform, the Services, and any transactions.
23. EXTERNAL SITES
The Platform and Services may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. Framing, in-line linking, or other methods of association with the Platform are expressly prohibited without first obtaining Fourplay’s prior written approval.
24. WIRELESS AND LOCATION-BASED FEATURES; SOCIAL MEDIA PLUG-INS
Data Sharing. By using the Platform, you affirmatively consent that Fourplay may use and share your video and image viewing data with third parties until consent is withdrawn. It may track your use for research, analytics, or ad serving purposes. It may share the above information with
companies that display ads to you, collect and analyze information, or to social networks.
Wireless Features. The Platform may offer certain features that are available to you via your
wireless device. These features may include the ability to access our Platform, upload content, and receive messages on your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. We have no responsibility or liability for any fees or charges you incur when using Wireless Features.
Location-Based Features. When you use one of our location-enabled features, we may collect
Your browser and/or your phone setting features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with our Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter,
Instagram, and Google (among others) may be integrated on our Platform. If you choose to
click on one of these links on our Platform, your browser will connect directly to the servers of
the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network, the social network receives the information that the webpage was used by you. If you are not registered with the social network, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media website, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking id page, email address, photo, gender, location, the people/websites you follow, etc.).
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your negligence, gross negligence, recklessness and/or intentional actions; (b) your breach of these Terms; (c) your access to, use, or misuse of the Content, the Member Content, the Platform, or the Services; or (d) your violation of any third party right, including without limitation any legal rights not including copyright, trademark, property or privacy rights. Fourplay retains the right to settle and pay any and all claims or causes of action brought against it without your prior consent. Upon request, you agree to cooperate fully and reasonably as required in the defense of any relevant claim.
If you are displeased with our Platform and/or our Services, for any reason, whatsoever, please contact us first so that we can try and resolve your concerns amicably. Email us at email@example.com with the subject line: Dispute or write to us at PO Box 1059, 229 East 85th Street, New York, New York 10028. If a controversy or claim should arise, the parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
27. CLASS ACTION WAIVER
Any arbitration shall be conducted in each Member’s individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
CONTESTS AND GIVEAWAYS. Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Fourplay or its partners. It is your responsibility to carefully review those terms and conditions.
GOVERNING LAW, VENUE AND JURISDICTION. Except as otherwise required by applicable law, you agree that any judicial proceeding will be brought in a court of competent jurisdiction in Sussex County, Delaware. You consent to venue and personal jurisdiction in such county and waive any objections or rights as to forum non conveniens, lack of personal jurisdiction or similar grounds. Each party shall pay their own lawyer’s fees. Members agree that they will not file or participate in a class action against Fourplay.
NO JURY TRIALS. By agreeing to arbitration, you agree to waive your rights to a jury trial. Instead, you elect that all claims and disputes will be resolved by arbitration under Section 26.
GEOGRAPHICAL RESTRICTIONS. Currently Fourplay is available in limited geographies. It is possible that if you leave one of these geographies you may not be able to take advantage of our Services.
STATUE OF LIMITATIONS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
WAIVER. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
NOTICE TO CALIFORNIA CLIENTS. Under California Civil Code Section 1789.3, California Visitors and Members of our Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
NOTICE TO NEW JERSEY CLIENTS. If you are residing in New Jersey, the following provisions of
these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect,
incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to
the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products
Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b)
the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent
unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer
Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise
under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Fourplay (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
SECTION HEADINGS. The Section headings are provided merely for convenience and shall not be given any legal import. These Terms will insure to the benefit of our successors, assigns, licensees, and sublicensees.
COPYRIGHT INFRINGEMENT CLAIMS. The Digital Millennium Copyright Act of 1998 (the
“DMCA”) provides recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials
available on the Platform infringe your copyright, you (or your agent) may send to Fourplay a written notice by mail, email, or fax, requesting that Fourplay remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Fourplay a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
29. SPECIAL STATE TERMS
Special terms apply in New York and North Carolina:
For Visitors or Members Residing in New York:
You may review the New York Dating Service Consumer Bill of Rights here.
For Visitors or Members Residing in North Carolina:
You may review the North Carolina Buyer’s Rights here.
You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Fourplay in connection with your use of the Platform and the Services. If you have any questions, please feel free to contact Fourplay directly through our Platform or by email at firstname.lastname@example.org.