Currently in private beta. Access is invitation only on iOS.
Raya App, Inc. (the “Company,” “we,” “us,” “our”) provides its “Places” mobile application (the “App”) and related mobile applications and services (collectively, the “Service”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). By signing up for the App, creating an account on the App, or otherwise using the Service in any manner whatsoever, whether by mobile device, mobile application, or computer, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and available at https://www.placestheapp.com/privacy
We reserve the right to, in our sole discretion, change or modify these Terms of Use at any time. Each time we do so, we will indicate at the top of this page the date of the most recent version. Our Terms of Use may always be found at https://www.placestheapp.com/terms. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use and you will be legally bound by such Terms of Use. You should regularly check this page for updates. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, YOU SHOULD IMMEDIATELY STOP USING THE SERVICE.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN THE “DISPUTE RESOLUTION” SECTION BELOW. THESE GOVERN THE MANNER IN WHICH CLAIMS WILL BE ADDRESSED BETWEEN YOU AND THE COMPANY.
Access to the App is made available exclusively by referral from other users of our Service. In order to gain access to the App, prospective users must (i) be a user of another mobile application included in the Service, such as Raya, or (ii) have received a referral from a user of the Service. Upon downloading the app, users will be asked to submit certain personal information in order to request an account. By requesting an account or otherwise using the Service, you agree to receive non-promotional, transactional text messages and emails from us regarding, among other things, the status of your account and customer support.
Upon being granted access to an account, you will be required to register with the App and provide certain information in order to activate a membership or otherwise access and use certain features of the Service. If you choose to register with the App, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted or requested. Registration data and certain other information about you are governed by our Privacy Policy.
In setting up an account, you will be required to select a subscription option from among one or more prices and durations. Payments automatically renew until canceled and are subject to the terms and conditions applicable to the payment method. In addition to membership subscription fees, users may have the ability to make in-app purchases. Any such in-app purchases will be paid via the user’s Apple account and are subject to the terms and conditions thereof. We reserve the right to raise or lower the cost of our membership subscription fees, in-app purchases and other charges, and to create additional tiers or types of membership, at any time. As we use third-party services for payment processing, we do not have access to or store your payment information and we do not offer refunds for any reason other than as set forth in the Terms of Use. Unused in-app purchases and any unused portion of a subscription will not be refunded upon the expiration or termination of a user’s membership.
Upon joining the Service, you will be responsible for maintaining the confidentiality of your password and account, the accuracy of your information, and will be fully responsible for all activities that occur through your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) keep your information current and accurate at all times, (c) ensure that you exit from your account at the end of each session when accessing the Service, and (d) implement the necessary security safeguards on any device you use to access the service. In addition to the disclaimers and limitations set forth below, we will not be liable for any loss, injury or other damage arising from your failure to comply with this Section.
Legally Binding Agreement. These Terms of Use constitute an agreement establishing the legally binding terms you must accept to use the Service.
Eligibility. You must be at least 18 years of age to use the Service. By creating an account, or otherwise using the Service, you represent and warrant that you can form a binding contract with the Company, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction – meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals, you are not located in a country that is subject to a U.S. Government embargo or has been designated as a “terrorist supporting” country, and you do not face any other similar prohibition - and you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. By using the Service, you represent and warrant that you are legally permitted to use the Service by the laws of your county, that nothing required of you in these Terms of Use conflicts with the laws of your country, that you have never been convicted of, or pled no contest to, a felony (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, that you are not required to register as a sex offender with any state, federal or local sex offender registry, and that you have not previously had your membership to the App terminated by the Company or otherwise been removed from the Service. If at any time you cease to meet the above requirements, all authorization the Service is automatically revoked, you must immediately delete your account, and we retain the right to remove you from the Service without warning.
Term and Termination. These Terms of Use will remain in full force and effect while you have an account on the App or otherwise use the Service in any capacity. You may terminate your account at any time, for any reason, by following the instructions provided in the App. Likewise, NOTWITHSTANDING ANYTHING THAT MIGHT BE INTERPRETED TO THE CONTRARY WITHIN THESE TERMS OF USE, THE APP, OR ELSEWHERE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCOUNT, OR YOUR ACCESS TO ANY PART OF THE SERVICE, WITHOUT NOTICE, AND REMOVE AND DISCARD ANY CONTENT WITHIN THE SERVICE, FOR ANY REASON OR NO REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (I) FOR LACK OF USE, (II) IF WE BELIEVE IN OUR SOLE DISCRETION THAT YOU MAY HAVE BREACHED THESE TERMS OF USE OR OTHERWISE FAILED TO UPHOLD THE COMMUNITY’S MEMBERSHIP IDEALS, OR (III) FOR ANY OTHER REASON AS WE MAY DETERMINE FROM TIME TO TIME, INCLUDING TERMINATIONS IN CONNECTION PERIODIC MEMBERSHIP REVIEWS AND MEMBERSHIP COUNT ADJUSTMENTS. We may also, in our sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination we may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. Further, you agree that payment of all membership subscription fees and in-app purchases is final and non-refundable. We will not provide any refunds for prepaid membership fees or unused in-app purchases and will not be liable to you or any third party in connection with any such termination. By using the Service, you acknowledge and agree that certain features, products, services and other aspects of the App and, more generally, the Service, are not available to all users. Further, certain features and updates within the App are frequently beta tested among a small portion of our users and other more permanent features are made available only to certain segments of our users based on their location, preferences, use of the App, unique privacy requirements, and other factors.
Commercial Use. The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, art, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with our express consent, which consent may be withheld in our sole discretion.
User and Place Interactions. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER WITHIN OR OUTSIDE OF THE APP, INCLUDING THE CONDUCT OF ANY USER YOU ELECT TO MEET IN PERSON. FURTHER, THE COMPANY IS NOT RESPONSIBLE FOR YOUR EXPERIENCE, SAFETY, WELLBEING OR SATISFACTION AT ANY PLACE, LOCATION, POINT OF INTEREST, OR ESTABLISHMENT (COLLECTIVELY, FOR PURPOSES OF THESE TERMS OF USE, “PLACES”) THAT ARE RECOMMENDED TO YOU, INCLUDED, OR THAT YOU OTHERWISE FIND, USING THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. You are solely responsible for your interactions with USERS AND PLACES YOU FIND OR ENGAGE WITH through the Service. You understand and acknowledge that the Company does not (i) conduct criminal background checks on its users or verify statements made by its users, (ii) conduct screening or in-person checks on Places, or (iii) verify the accuracy of information provide in the App regarding Places. The Company makes no representations or warranties as to the conduct, background or fitness of its users or the status, quality or fitness of any Places. While we endeavor to ensure the privacy and safety of all users’ interactions through the Service, we have no involvement, and disclaim all responsibly, with respect to in-person interactions. For the avoidance of doubt, the Company disclaims any affiliation with any Places, makes no representations or warranties as to (i) the accuracy of the information regarding Places on the App or (ii) users’ in-person experience with or at Places. As noted below, in no event shall the Company, its affiliates or its officers, directors, employees or agents be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else or your experience at Places, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons you meet through the Service, including those who may be able to find you through location-based components of the Service. You agree to take all necessary precautions in all interactions with other users AND PLACES.
User Content. You are solely responsible for the content and information that you post, add, upload, publish, link to, transmit, record, indicate, share, display or otherwise make available (collectively, “post”) on the Service or transmit to other users or the Company, including, but not limited to, photographs, saved places, notes, locations, personal information, phone contact information, place recommendations, and activity updates, whether publicly posted, privately saved on the Service, or privately transmitted (such posts by users being collectively referred to herein as “User Content”). You acknowledge and agree that your User Content may be viewable by other users of the Service, including those who use apps and aspects of the Service other than Places, and, notwithstanding these terms and our strict policies, such other users may share your User Content with third parties. You should not post any User Content that you do not want others to see. Further, you acknowledge and agree that the You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, disrespectful, distasteful, sexually explicit, exploitive, overtly and repeatedly self-promotional or commercial, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your account on Social Networking Services (as defined below), is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the User Content on the Service and grant the licenses set forth below. Although the Company does not generally monitor User Content and is not responsible for User Content within the App, we reserve the right to delete any User Content, in whole or in part, that in our sole judgment we believe violates these Terms of Use or otherwise may materially negatively impact our members’ experience on the App or harm the reputation of the Service or the Company. By posting User Content as part of the Service, you grant to the Company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute such User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service, the Company’s other apps and services, and researching and developing new services. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending User Content from the Service and terminating or suspending the account of such violators. Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that any User Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared User Content from other Places users) or any user of the Company’s other apps and services. Likewise, for as long as you comply with these Terms, we grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Service for purposes as intended by us and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that your account is terminated or you fail to comply with these Terms of Use.
Prohibited Activities. By using the Service, you agree to treat other users of the Service in a courteous and respectful manner, both on and off the Service, and to be respectful when communicating with other users and Company representatives. The Company reserves the right to investigate, suspend or terminate your account if it is believed, in the Company’s sole discretion, that you have misused the Service or acted in a way the Company regards as inappropriate, improper, distasteful, harassing, unlawful, promotional, or not in conformance with the values and mission of the Company, including actions or communications occurring outside of the Service or prior to membership on the Service. Such prohibited behavior includes, but is not limited to:
Reporting of Misconduct and Inappropriate User Content. We do not tolerate inappropriate conduct or User Content on our Service. We encourage you to report to us any inappropriate conduct or User Content that you may encounter or become aware of by sending us an email at contact@placestheapp.com. All such reports are held in strict confidence and we will never disclose your identity to the reported person, or any other third party, absent a court order or other legal requirement that we do so.
Intellectual Property. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Digital Millennium Copyright Act. The Company has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any information, images, or other content, including content made available in the App regarding Places, infringes upon your intellectual property rights, please submit to contact@placestheapp.com a notification alleging such infringement ("DMCA Takedown Notice") including (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) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Third Party Material. Under no circumstances will the Company be liable in any way for any User Content or other content or materials of any third parties (including users, Places, external websites and databases), whether featured in the App or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that the Company does not pre-screen such content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, the Company and its designees will have the right to remove any content that violates these Terms of Use or is deemed by us, in our sole discretion, to be otherwise inappropriate, unauthorized or objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. We have no control over such sites and resources and the Company is not responsible for and does not endorse such sites and resources. You acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with Places or other third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
Mobile Service. The Service includes certain services that are available via mobile devices including (i) the ability to upload content to the Service, (ii) the ability to browse the Service, (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”), and (iv) the ability to receive SMS text messages. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Places and via APNS push notifications or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Places account information to ensure that your messages are not sent to the person that acquires your old number.
Push Notifications; Location-Based Features; Communications. By using the Service, including in requesting an account, you agree that we may provide you with emails, text messages, push notifications, alerts and other messages related thereto. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you decline, 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. The App may allow you to disclose your location or make available opportunities for you to determine the location of other users and/or view certain content and services based on your location. If you elect 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, your location will not be disclosed and you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy. Users of the Service may contact us at any time at contact@placestheapp.com to change notification and communication preferences.
Apple-Enabled Software Applications. The Company offers software applications such as the App that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software being “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:
The Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Disclaimers. You acknowledge and agree that neither the Company nor its officers, directors, employees, agents or affiliates are responsible for, and shall under no circumstances have, any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) the conduct, whether online or in-person, through the Service or otherwise, of any user; (ii) your visit to any Place posted, featured, recommended, listed or otherwise made available to you through the Service, (iii) the content posted in the Service, whether posted by users, by the Company, or caused by any of the equipment or programming associated with or utilized in the Service; (iv) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (v) termination or discontinuation of the Service; (vi) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (vii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service.
Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Dispute Resolution. If you are dissatisfied with our Service for any reason or have any other issue with the Service, please contact our support team at contact@placestheapp.com first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against us, these terms will apply. For purposes of this Dispute Resolution section, the “Company” shall include our affiliates, employees, licensors, and service providers. The Company values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court as set forth below, you agree to first send a detailed notice (“Notice”) to: Raya App, Inc. Legal Dept, P.O. Box 87, Palm Beach, FL 33480, with a copy by email to contact@placestheapp.com. If the Company has a Dispute with you, we agree to first send a Notice to you at your most recent email address on file with us, or, if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables the Company to identify your account; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. The Company’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and the Company agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if the Company requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss the Company’s Dispute with you, the Company agrees to have one or more representatives participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or the Company may initiate an arbitration or small claims court action as set forth below. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or a small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and the Company engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action. EXCEPT FOR USERS RESIDING WITHIN THE EUROPEAN UNION, NORWAY AND ELSEWHERE WHERE PROHIBITED BY APPLICABLE LAW, THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING ANY ALLEGED BREACH THEREOF) OR THE SERVICE SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU WAIVE YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in the State of Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and WAIVE YOUR RIGHT, IF ANY, TO A JURY TRIAL in such actions. These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. For users residing in any jurisdiction where this arbitration agreement is prohibited by law, the laws of the State of Delaware, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use or the Services but not eligible for arbitration (other than small claims actions) will be litigated exclusively in the federal or state courts located in the State of Delaware and you and the Company consent to personal jurisdiction in those courts.
Indemnification. You agree to indemnify and hold the Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any event that you promote, market, create, host or invite others to using the Service, any postings or content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Company Applications Other Than Places. The Company develops, maintains and operates mobile applications in addition to Places. By using the Service, you acknowledge and agree that the Company may use and share User Content and other data and information among its mobile applications. You further acknowledge that your access to one of the Company’s mobile applications, or any particular aspect of the Service, does not guarantee access to others.
Notice. The Company may provide you with notices, including those regarding these Terms of Use, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
Entire Agreement; Miscellaneous. These Terms of Use, together with the Privacy Policy, comprise the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms of Use is held invalid, the remainder hereof shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death or termination from the Service. No agency, partnership, joint venture or employment is created as a result of these Terms of Use and you may not make any representations or bind the Company in any manner.
State-Specific Terms. The following provisions are added to these Terms of Use for users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: you, the buyer, may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel the membership and your payment though Apple, please see the instructions in the App. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed through your Apple ID , refunds are handled by Apple, not the Company. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Questions? Concerns? Suggestions?
Please contact us at contact@placestheapp.com to report any violations of these Terms of Use or to pose any questions regarding the Company, these Terms of Use or the Service.