The DILF APP is a social networking service that allows members to create unique personal profiles online in order to find and communicate with others. The service is operated by Man Upp Productions, LLC.
TERMS OF SERVICE
Last revised August 27, 2019
THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE DILF APP SERVICES (AS DEFINED BELOW), AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 18 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE DILF APP SERVICES.
Thank you for using THE DILF APP. By accessing, browsing and/or using the THE DILF APP website ("Site"), downloading, installing and/or using any mobile device software application owned, controlled or offered by Man Upp Productions (each a “THE DILF APP App” and collectively, the "THE DILF APP(s)"), or accessing, browsing and/or using any other mobile or web services owned, controlled or offered by Man Upp Productions (the Site, THE DILF APP(s) and any such other services (collectively, THE DILF APP Services")), you acknowledge that you have read and understood and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, then please cease using the THE DILF APP Services immediately and you must uninstall the THE DILF APP(s) from any device owned or controlled by you.
2. RIGHTS TO USE THE DILF APP SERVICES
Subject to your compliance with these Terms in all material respects, Man Upp Productions grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and view pages from THE DILF APP Services for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only. Your access to and use of the THE DILF APP Services must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on the Site and/or communicated through the THE DILF APP(s).
Subject to your compliance with these Terms in all material respects, Man Upp Productions further grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use THE DILF APP App(s), in machine executable object code form only, on a single compatible personal mobile device that you own and control, solely for personal, non-commercial purposes. We may make THE DILF APP(s) available for download through the iTunes App Store at https://itunes.apple.com, the Google Play Store at https://play.google.com/store/apps, or other third party app stores (each, an “App Store”). Your license to any THE DILF APP(s) is also governed by the applicable terms of service, policies and procedures of the App Store through which you download THE DILF APP(s) (the “App Store Terms”).
These Terms amend and supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with the applicable App Store Terms, these Terms control and prevail. You are authorized to download THE DILF APP(s) solely via the App Stores, if any, through which we make them available for download.
You acknowledge that by downloading a THE DILF APP(s) via an App Store, you are subject to the applicable App Store Terms.
Man Upp Productions reserves the right to terminate or suspend your license to use all or any portion of the THE DILF APP Services and your other rights under these Terms at any time and for any reason, including, but not limited to, violation of these Terms, the Guidelines and/or any applicable App Store Terms. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. You will immediately cease all use of the THE DILF APP and any associated account(s) with THE DILF APP and remove and destroy all copies of THE DILF APP App(s) from your mobile devices.
We may further bar access to the THE DILF APP Services and your account(s) and delete any and all information associated with your account(s).
3. ELIGIBILITY TO USE THE DILF APP SERVICES
You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the THE DILF APP Services. By accessing or using the THE DILF APP Services, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the THE DILF APP Services in violation of these Terms will be banned from using the THE DILF APP Services and may be the subject of additional action by Man Upp Productions. It is your responsibility to confirm that use of THE DILF APP Services is permissible under the applicable laws and regulations where you make use of THE DILF APP. If any applicable laws and regulations prohibit your use of the THE DILF APP, you may not use THE DILF APP` Services.
4. NO WARRANTY AND LIMITATION OF LIABILITY
MAN UPP PRODUCTIONS PROVIDES THE SITE, THE DILF APP(S) AND THE OTHER THE DILF APP SERVICES ON AN "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. MAN UPP PRODUCTIONS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “MAN UPP PRODUCTIONS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT.
THE MAN UPP PRODUCTION PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, CURRENCY, OR NON-INFRINGEMENT OF THE DILF APP SERVICES OR OF THE INFORMATION OR OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE DILF APP.
THE MAN UPP PRODUCTIONS PARTIES DO NOT WARRANT THAT THE FUNCTIONS OF THE DILF APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DILF APP SERVICES OR THE SERVERS THAT MAKE THE DILF APP SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT YOU USE THE DILF APP SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE.
UNDER NO CIRCUMSTANCES SHALL THE MAN UPP PRODUCTIONS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE DILF APP SERVICES AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT THE MAN UPP PRODUCTIONS PARTIES HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE DILF APP SERVICES SHALL BE TO TERMINATE YOUR USE OF SUCH SERVICES.
IN NO EVENT SHALL THE MAN UPP PRODUCTIONS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR YOUR USE OF THE DILF APP SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO MAN UPP PRODUCTIONS FOR USE OF THE DILF APP SERVICES DURING ANY ONE MONTH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND THAT YOUR USE OF THE DILF APP SERVICES MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING, BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OF OTHER USERS OR OTHER THIRD PARTIES, OR OCCURRENCES BEYOND THE CONTROL OF THE MAN UPP PRODUCTIONS PARTIES.
BY USING THE DILF APP, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS THE MAN UPP PRODUCTION PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE DILF APP.
THE DILF APP IS INTENDED ONLY AS PERSONAL, GEOGRAPHIC LOCATION-BASED SERVICES FOR INDIVIDUAL USE. YOU ACKNOWLEDGE AND AGREE MAN UPP PRODUCTIONS HAS OFFERED THE THE DILF APP, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MAN UPP PRODUCTIONS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE DILF APP.
MAN UPP PRODUCTIONS WOULD NOT BE ABLE TO PROVIDE THE DILF APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
5. CHANGES TO THE DILF APP
MAN UPP PRODUCTIONS reserves the right at any time to modify or discontinue, temporarily or permanently, the DILF APP (or any portion thereof) with or without notice and without liability to you. You agree that MAN UPP PRODUCTIONS parties shall not be liable to you or any third party for any modification, suspension or discontinuance of the DILF APP (or any portion thereof).
6. THE DILF APP CONTENT
MAN UPP PRODUCTIONS or its licensors and suppliers own all rights, title and interest in the DILF App(s) and the software and other technology used to provide the DILF APP Services and all associated intellectual property rights (the DILF Technology”), and the DILF Technology is protected by U.S. and international copyright and other intellectual property laws and treaties.
The DILF Technology is licensed, not sold, to you for use only under the terms and conditions of these Terms. MAN UPP PRODUCTIONS reserves all rights not expressly granted to you.
DILF, the DILF logo, DILF product screen shots and the DILF App Icon design are trademarks or the subject of other intellectual property rights of MAN UPP PRODUCTIONS, and may not be used without prior, express written permission from MAN UPP PRODUCTIONS.
All other trademarks not owned by MAN UPP PRODUCTIONS that appear on the DILF Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MAN UPP PRODUCTIONS.
All content included on the DILF APP, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through THE DILF APP, including all associated intellectual property rights, (the “DILF Content”) is the property of MAN UPP PRODUCTIONS and/or its licensors, as applicable, and protected by United States and international intellectual property and other laws and treaties.
Except as expressly permitted under these Terms, no reproduction, transmission, modification or display of any DILF APP Content is permitted without our prior, express written permission.
7. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
MAN UPP PRODUCTIONS, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to THE DILF App(s).
If you believe that your content or work has been made available through THE DILF APP in a way that constitutes copyright infringement, please provide MAN UPP PRODUCTION’S Agent for Notice of Copyright Claims with the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of the material that you claim is infringing and where that material may be accessed within the THE DILF APP; (iv) your address, telephone number and e-mail address; (v) a statement by you 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; and (vi) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Agent for Notice of Copyright Claims can be reached by submitting a support request at [email protected] You aren’t you may also submit a written Statement to:
Agent for Notice of Copyright Claims
969 Market Street Unit 1601; San Diego, CA 92101
8. FEES AND SUBSCRIPTIONS
While the Standard Service on DILF is free for use, additional data charges may apply to you for mobile use of the DILF APP Services through your mobile device. Additional fees may also apply for use of the Pro Version or other aspects of THE DILF APP. If there is a charge associated with a portion of THE DILF APP, you agree to pay that charge by accessing or using it.
The price stated for THE DILF APP may be denominated in your local currency by iTunes App Store at https://itunes.apple.com, Google Play Store at https://play.google.com/store/apps, or any other applicable App Store through which you download THE DILF APP(s) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. Additionally, you are welcome to contact [email protected] with any questions regarding taxes, currency exchange settlements or other billing related issues. You are solely responsible for paying such taxes or other charges.
MAN UPP PRODUCTIONS relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the THE DILF APP may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of THE DILF APP for non-payment could result in a loss of access to and use of your account and its content. If you would like to buy the Pro Version of THE DILF APP, you do this with in-app subscriptions from the App Store on your device. You will be advised of the charge for the Pro Version of THE DILF APP before making payment and being billed. You must make all payments through a charge through the applicable App Store.
You agree to pay all fees and charges incurred in connection with your use of the THE DILF APP (including any applicable taxes) at the rates in effect when the charges were incurred. YOU, NOT MAN UPP PRODUCTIONS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR MOBILE DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU.
If you are an iOS user via Apple’s App Store, MAN UPP PRODUCTIONS does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase.
No cancellation of the current subscription is allowed during active subscription period. For step-by-step information on how to manage subscriptions, including information on canceling subscriptions, visit your App Store.
You should be aware that cancelling your subscription and/or deleting the DILF App(s) may not terminate your user account on the THE DILF APP. If you cancel your subscription and/or delete the DILF App(s) but do not take steps to deactivate your user account or take other appropriate steps, your profile may continue to be accessible to others on the DILF App.
By sending us any ideas, suggestions, comments, improvements, documents, proposals or other feedback, including without limitation, concerning the DILF App(s) ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, fully sub-licensable and transferable, worldwide license to use, disclose, reproduce, modify, publish, distribute, transfer and otherwise utilize your Feedback in any manner and for any purpose.
10. EXTERNAL MATERIALS
THE DILF APP or users of THE DILF APP may provide links to other websites, mobile device software applications, services or resources. You acknowledge and agree that the MAN UPP PRODUCTIONS Parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”).
External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the MAN UPP PRODUCTIONS Parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on or through THE DILF APP, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party.
You agree that MAN UPP PRODUCTIONS Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
11. PROHIBITED USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
- Use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to any DILF App Technologies, or any copy thereof, in whole or in part, except as expressly permitted under these Terms;
- Reverse engineer, disassemble, decompile or translate any DILF APP Technologies, or otherwise attempt to derive the source code, structural framework or the data records of any DILF APP Technology, or authorize any third party to do any of the foregoing;
- Loan, resell or distribute any DILF APP Technology, or any part thereof, in any way;
- Use the THE DILF APP or any geographic location information displayed within THE DILF APP to stalk, harass, abuse, defame, threaten or defraud users of THE DILF APP, or to collect, attempt to collect, or store geographic location or other personal information about other users;
- Include offensive or pornographic materials in your DILF APP personal profile page;
- Use THE DILF APP for any commercial or non-private use, it being understood that THE DILF APP are for personal, non-commercial use only;
- Use THE DILF APP for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- Make unsolicited offers, advertisements or proposals, or send junk mail, to other users of THE DILF APP This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other users of THE DILF APP;
- Misrepresent the source, identity or content of information transmitted via THE DILF APP;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of THE DILF APP, features that prevent or restrict use or copying of any content accessible through THE DILF APP, or features that enforce limitations on use of THE DILF APP;
- Intentionally interfere with or damage operation of THE DILF APP or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful on THE DILF APP;
- Post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights on THE DILF APP;
- Use THE DILF APP with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
- Attempt to gain unauthorized access to THE DILF APP, or any part of these, other accounts, computer systems or networks connected to THE DILF APP, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of THE DILF APP or any activities conducted on THE DILF APP;
- Use any robot, spider, scraper or other automated means to access THE DILF APP for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to THE DILF APP or modify THE DILF APP in any manner or form, or use modified versions of THE DILF APP, including (without limitation) for the purpose of obtaining unauthorized access to THE DILF APP.
THE DILF APP allow the submission of information, content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions or questions) by you and other users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them.
In connection with your content, you affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize MAN UPP PRODUCTIONS to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by THE DILF APP and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by THE DILF APP and these Terms.
For clarity, you shall retain all of your ownership rights in Your Content. MAN UPP PRODUCTIONS assumes no responsibility whatsoever in connection with or arising from User Submissions.
MAN UPP PRODUCTIONS assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time MAN UPP PRODUCTIONS chooses, in its sole discretion, to monitor User Submissions, MAN UPP PRODUCTIONS nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting User Submissions.
Further, MAN UPP PRODUCTIONS does not endorse and has no control over the content of User Submissions submitted by other users.
MAN UPP PRODUCTIONS makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.
*RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit.
You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by MAN UPP PRODUCTIONS.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
*OUR RIGHT TO USE YOUR CONTENT
You understand that the technical processing and transmission of data associated with Your Content may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of servers, connecting networks or devices.
MAN UPP PRODUCTIONS and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
WARNING NOT FOR MEDICAL USE
If responses to your questions about certain sexual health topics are critical to your health, you need to consult with a medical professional, not a chatbot. A chatbot is neither intended for use in the diagnosis, cure, mitigation, treatment or prevention of any condition, nor intended to be a substitute for professional medical care. Responses you receive from a chatbot are intended for informational and educational purposes only, to support general health and wellness.
A chatbot and any information provided through a chatbot have not been tested with individuals with health conditions and have not been cleared, approved or otherwise evaluated by the U.S. Food and Drug Administration.
THE DILF APP is designed to use the geographic location of the device through which you are accessing THE DILF APP Services so that a chatbot or chatbots (which are not natural persons) that respond to questions that you ask them (each, a “Chatbot”) may appear in the specific geographic location or geographic locations within the United States for which MAN UPP PRODUCTIONS makes it available.
You may access and use a Chatbot only in such specific geographic location or geographic locations within the United States for which MAN UPP PRODUCTIONS makes it available. If you disable the ability of THE DILF APP Services to access the geographic location of your device, you may be unable to access or use a Chatbot.
However, disabling our ability to access the geographic location from your device may not prevent us from deriving your approximate geographic location in a different manner.
The questions that you ask a Chatbot, including without limitation, questions relating to certain sexual health topics, and any other information that you provide in connection with your use of a Chatbot, is Your Content.
You acknowledge and agree that neither we nor any other MAN UPP PRODUCTIONS Party wishes to receive information that you wish to keep private, including without limitation, any protected health information or any other health details.
Your Content may not be protected under the Health Insurance Portability and Accountability Act and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The information that you receive through your use of a Chatbot is THE DILF APP content.
The responses that you receive from a Chatbot are programmed to use software and other technology and to use information provided by third party specialists. Such responses are intended for informational and educational purposes only, to support general health and wellness.
Due to various factors, including the inherent possibility of human or mechanical error, the MAN UPP PRODUCTIONS Parties cannot and do not guarantee, the quality, accuracy, completeness, timeliness, integrity, or currency of any such information, or that such information is free from defects or harmful elements or is not objectionable.
The MAN UPP PRODUCTIONS Parties do not represent and warrant that your use of such information will not infringe rights of third parties not owned by or affiliated with the MAN UPP PRODUCTIONS Parties.
You acknowledge that a Chatbot and any information provided through a Chatbot, including any information relating to treatments or treatment regiments, have not been tested with individuals with health conditions and have not been cleared, approved or otherwise evaluated by the U.S. Food and Drug Administration and are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or to be a substitute for professional medical care, and should not be used for such purposes.
While a Chatbot may provide you with information about available treatments, names or addresses of nearby professionals or organizations specializing in the applicable health topic, or similar information, neither MAN UPP PRODUCTIONS nor any other MAN UPP PRODUCTIONS Party recommends or endorses any specific treatments, professionals, organizations or other information that may be suggested to you through a Chatbot, and neither MAN UPP PRODUCTIONS nor any other MAN UPP PRODUCTIONS Party guarantees that a Chatbot or any information provided through a Chatbot will meet your needs or allow you to achieve any particular results.
The use of a Chatbot does not create a doctor-patient relationship, and you acknowledge that a Chatbot and any information provided to you through your use thereof are not intended to provide any medical advice, and that we are not authorized to render, or engaged in rendering, any such medical advice.
A CHATBOT AND THE INFORMATION PROVIDED THROUGH A CHATBOT ARE NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, CURE, MITIGATION, TREATMENT, PREVENTION OR CARE. YOU AGREE TO CONSULT WITH YOUR MEDICAL PROFESSIONAL IF YOU ARE SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER ASSISTANCE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT OR PREVENTION OF ANY DISEASE OR CONDITION.
YOU FURTHER AGREE NOT TO DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, CURE, MITIGATION, TREATMENT, PREVENTION OR CARE BECAUSE OF ANY INFORMATION PROVIDED THROUGH A CHATBOT OR ANYTHING YOU LEARN FROM USING A CHATBOT. RELIANCE ON A CHATBOT, ANY INFORMATION PROVIDED THROUGH A CHATBOT OR ANYTHING YOU LEARN FROM USING A CHATBOT IS SOLELY AT YOUR OWN RISK.
A CHATBOT AND THE RESPONSES AND ANY OTHER INFORMATION THAT A CHATBOT PROVIDES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND WE DO NOT MAKE ANY REPRESENTATION CONCERNING A CHATBOT AND THE RESPONSES AND ANY OTHER INFORMATION THAT A CHATBOT PROVIDES WHEN USED OUTSIDE OF THE UNITED STATES, WHERE SUCH CHATBOT, RESPONSES AND OTHER INFORMATION MAY BE DIFFERENT.
YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, YOUR USE OF A CHATBOT AND ANY INFORMATION PROVIDED THROUGH A CHATBOT, YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES OF ANY KIND INCURRED AS A RESULT OF YOUR INTERACTION WITH A CHATBOT, AND MAN UPP PRODUCTIONS AND MAN UPP PRODUCTIONS PARTIES DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
You agree to indemnify, defend, and hold the MAN UPP PRODUCTIONS Parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of THE DILF APP Services and/or your interactions with other users of THE DILF APP Services, including, but not limited to, (i) your use or misuse of any geographic location information or THE DILF APP Services generally, (ii) any violation of the rights of any other person or entity by you, (iii) any breach or violation by you of these Terms or any law, regulation or guidance, or (iv) your use of THE DILF APP Services to communicate with or meet another user in-person or to locate and attend any offline place or event.
MAN UPP PRODUCTIONS reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. INTERACTIONS WITH OTHER USERS
You are solely responsible for your interactions with other users using THE DILF APP Services and the MAN UPP PRODUCTIONS Parties assume no liability for these interactions. MAN UPP PRODUCTIONS does not conduct criminal or other background checks on its users, but reserves the right to do so at any time.
MAN UPP PRODUCTIONS Parties assume no liability for your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other users of THE DILF APP Services.
MAN UPP PRODUCTIONS is not responsible for monitoring any disputes between you and other users.
You will create a username and password as part of the registration process for THE DILF APP Services. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify MAN UPP PRODUCTIONS of any actual or suspected unauthorized use of your password or account or any other actual or suspected breach of security.
You agree that all information that you provide to MAN UPP PRODUCTIONS is a part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.
16. GOVERNING LAW
These Terms and your relationship with MAN UPP PRODUCTIONS under these Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of California, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE DILF APP SERVICES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (EACH, A “CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator.
For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of California or the city in the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
Before submitting a Claim to arbitration pursuant to this Section 18, you must first submit the Claim to MAN UPP PRODUCTIONS for informal resolution through [email protected] or another mechanism specified by MAN UPP PRODUCTIONS. You and MAN UPP PRODUCTIONS agree to work in good faith to resolve the Claim within sixty (60) days. If you and MAN UPP PRODUCTIONS are unable to resolve the Claim informally within sixty (60) days, then we each may submit the Claim to arbitration.
If you reject the last written settlement offer made by MAN UPP PRODUCTIONS before the arbitrator was appointed and the arbitrator awards you an amount greater than this last written settlement offer, then MAN UPP PRODUCTIONS will pay (i) the greater of the award or $500; (ii) your filing fees for the arbitration; and (iii) any fees, costs and expenses deemed appropriate by the arbitrator.
WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE DILF APP SERVICES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF SAN DIEGO COUNTY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and MAN UPP PRODUCTIONS may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
18. INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the THE DILF APP, please feel free to contact us by submitting a support request at [email protected]
California residents may reach the Complaint Assistance Unit of the of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under these Terms to another party without the express written consent of MAN UPP PRODUCTIONS.
The parties acknowledge that these Terms are concluded between you and MAN UPP PRODUCTIONS only, and not with Apple or the owner or operator of any other applicable App Store through which you may have downloaded THE DILF App(s) (the “App Store Owner”), and the App Store Owner is not responsible for THE DILF App(s) and the contents thereof. The App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to THE DILF App(s). MAN UPP PRODUCTIONS, not the App Store Owner, is responsible for addressing any claims from you or any third party relating to THE DILF App(s) or your possession and/or use of THE DILF App(s), including, but not limited to, product liability claims, any claim that THE DILF App(s)s fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation.
The App Store Owner and its subsidiaries are third party beneficiaries of these Terms, and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
These Terms constitute the complete and exclusive statement of the agreement between MAN UPP PRODUCTIONS and you with respect to the subject matter hereof and supersede any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms.
You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
YOU AND MAN UPP PRODUCTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DILF APP SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.