TERMS OF USE

Date of last revision: February 17, 2016

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY

Welcome to Avec, a mobile app owned and operated by Silver App Development LLC (“Silver App” “we,” or “us”).  By downloading or using Avec, you agree to these Terms and our privacy policy. (together, the “User Agreement”).  If you do not wish to be bound by the User Agreement, please do not use Avec.

We may update these Terms from time to time.  If a material change is made, we will post a notice through Avec or send you a notification.  Read through any changes, and if you don’t agree to them, please stop using Avec.  If you continue to use Avec after we notify you of changes, you will be deemed to have accepted the updated Terms.

  1. Who May Use Avec
  • You must be at least 18 years old or the age of majority in your jurisdiction to use Avec. 
  • By using Avec, you represent and warrant that you have the right, authority and capacity to enter into the User Agreement and to abide by its terms and conditions. 
  • If you use Avec, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
  1. Creating a Profile and Uploading Content 

You may register and create a profile on Avec directly or you may register and sign-in using your Facebook account.  If you register or sign-in using Facebook, you authorize us to access and use certain information from your Facebook account, including your Facebook profile information and friend lists.    

Our collection and use of this information is governed by our privacy policy

When you create a profile on Avec, you must:

  • Provide accurate and current information.  If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Avec (or any portion thereof).  We may also – although we are not obligated to – contact any or all matches or other users of your potentially inaccurate, non-current, incomplete, identity or information.
  • Keep your username, password and other login credentials secure and do not allow anyone else to use your account. 
  • Inform us immediately of any unauthorized use of your account.  You are responsible for anything that happens through your account – with or without your permission.  Do not register for more than one account, register an account on behalf of someone else, or transfer your account.  We are not responsible for any loss or activity that results from the unauthorized use of your account. 

Do not register if you’ve previously been banned. You agree not to create an account or use Avec if your account has previously been terminated by us or if you have otherwise been banned from using Avec.

User Content. You may post photos, videos, comments, and other content to your Avec profile or date listings, all of which we refer to as your “User Content.”  User Content is owned by you or whoever created it, but licensed to us for use as described below:

  • You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, perform, reproduce, and distribute any of the User Content that you post on or in connection with Avec, including the likeness of any person that appears in the User Content, for any purpose, including commercial use, which includes the right to sublicense and assign these rights.
  • This license ends when you delete your User Content or your account.  You understand that deleted content may persist in our systems and on Avec to the extent your User Content has been publicly posted or shared with others who have not deleted it. 

Content Restrictions.  Your activity in connection with Avec and User Content must not:

  • Be defamatory, abusive, obscene, offensive, threatening, harassing, or racially offensive.
  • Infringe or violate another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). 
    • Hint: If you don’t have permission to post a picture of a person, either don’t post the picture or block out their face(s).  If you didn’t take the picture or create the content you post, you don’t own it and need permission from the person who did.
  • Promote illegal activities or conduct.
  • Contain nudity or sexually explicit content.
  • Be commercial in nature, such as advertising or promoting products or services, or soliciting others to attend events for commercial or improper purposes.
    • Hint: Avec is for individuals looking for dates to events, not for businesses looking to promote their own events.  We may take any available legal action against any unauthorized use of Avec.
  1. Using Avec / Changes / Additional Features

Don’t misuse Avec.  This means interfering with the proper use of Avec or acting in any way that interferes with anybody else’s proper enjoyment of Avec. 

Interacting with Other Users.  In using Avec, you must behave in a civil, respectful, and appropriate manner at all times.  We may provide additional guidelines about appropriate activity on Avec, and these will be our rules of the road for interacting with other Avec Users.

Changes.  We may change, update, suspend or discontinue all or part of Avec at any time without notice, obligation, or liability to you.  Avec may not be available during maintenance and other times. 

Additional Features.  In addition, certain features of Avec may be subject to additional terms that we will present to you through the app.  While Avec is currently free to use, we may offer subscriptions or other paid features in the future and those will also be subject to additional terms, including with respect to payment. 

  1. IMPORTANT DISCLAIMERS

USER INTERACTIONS.  We are not responsible for your interactions with other users of Avec, for the actions of any Avec user, or for any damage or harm you may experience because of your use of Avec or your interactions with another Avec user. 

  • YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS AND WE DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR PROFILE INFORMATION USERS PROVIDE. HOWEVER, WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES), AT ANY TIME.
  • WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER.
  • Take reasonable precautions when interacting with other users on the Platform, including bringing a friend or informing others of your plans before you meet another person face-to-face.  We are under no obligation to become involved with any user dispute, but may do so in our own discretion.

WARRANTY DISCLAIMER.  We are not responsible or liable for any User Content posted on Avec.  *Some states do not permit limitations or exclusions on warranties, so the below limitations may not apply to you.

  • Avec is provided “AS IS.” We aren’t making any promises of any kind, including about Avec’s accuracy, adequacy, usefulness, reliability or otherwise. 
  • We do not guarantee that Avec will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful. 
  • To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • You are solely responsible for any damage to the laptop, mobile or other device you use to access the Avec, which results from accessing Avec.

LIMITATION OF LIABILITY.  NONE OF THE SILVER APP PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, AVEC OR THE CONDUCT OF OTHER AVEC USERS (WHETHER ONLINE OR OFFLINE), OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF AVEC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF AVEC.  YOUR ONLY REMEDY AGAINST US IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF AVEC OR ANY CONTENT IS TO STOP USING THE AVEC. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF AVEC OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

FOR IOS AND ANDROID USERS: You acknowledge that this agreement is between you and Silver App only, and not with the app store where you downloaded Avec (for iOS users, the App Store operated by Apple Inc. (“Apple”) or for Android users, the Google Play store operated by Google Inc. (“Google”)).  Apple or Google are not liable for any damages related to Avec.  Apple and Google shall each be a third-party beneficiary of this agreement with respect to this paragraph. 

  1. Indemnification

You agree to indemnify, defend, hold harmless, and release Silver App, its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Silver App Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Avec, your conduct in connection with Avec or with the actions of other Avec users, or any violation of these Terms, any law or the rights of any third party. 

  1. Your Representations and Warranties

You represent and warrant that all of your activity in connection with Avec will comply with all laws and standards of decency and appropriateness.  For each piece of content that you submit, you represent and warrant that:

  • You have the right to submit the User Content to us and grant the licenses set forth above.
  • The User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights.
  • Your User Content complies with the User Agreement and all applicable laws.

Your account and ability to use Avec may be suspended immediately in the event of any violation or suspected violation of these representations. 

  1. Copyright Infringement

If you believe that your work has been posted without your permission to Avec, such that it constitutes infringement, please provide us with the following information:

  • name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where on Avec the content that you claim is infringing is located;
  • a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send copyright infringement complaints to:

Nathan J. Hole / Avec Copyright Agent

Loeb & Loeb LLP

321 North Clark St.

Suite 2300

Chicago, IL 60654

(312) 464-3100

dmcanotices@loeb.com

  1. Proprietary Rights

Silver App owns and retains all proprietary rights in Avec, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto.  Avec contains the copyrighted material, trademarks, and other proprietary information of Silver App 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 Avec, without first obtaining the prior written consent of Silver App or, if such property is not owned by Silver App, the owner of such intellectual property or proprietary rights.
  • remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  1. Termination

We may terminate your account for any reason at any time and without any liability. 

  • You understand and agree that some of your User Content may continue to appear even after your User Content is removed or your account is terminated.
  • These Terms remain in effect even after your account is terminated or you have stopped using Avec.
  1. Disputes / Additional Terms

Choice of Law/Jurisdiction

  • You agree that Avec is a passive platform solely based in New York, which does not give rise to personal jurisdiction over us in jurisdictions other than New York.
  • You agree that Avec, these Terms, Privacy Policy and any dispute between you and Silver App shall be governed in all respects by New York law, without regard to choice of law provisions.
  • Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to Avec shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York. You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of New York, New York.
  • All claims shall be brought within a year after the claim arises.

Right to Assign, No Waivers, Severability

  • Silver App may assign its rights and duties under these Terms to any party at any time without notice to you. 
  • Our failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or our rights.
  • If any provision in these Terms is found invalid, the rest of these Terms will continue to be enforceable.

Thanks for reading.  Please enjoy Avec!