ACCEPTANCE OF OUR TERMS OF USE

 

Feel free to contact us with any questions, suggestions or other thoughts regarding these terms, using the feedback button on any page of this website.

 

Overview

The following terms and conditions (this "TOS") govern all use by you as a User (as defined below) or visitor of (a) the Find-and-Meet.com websites and domains (including all web pages, sub-domains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Find-and-Meet.com in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Find-and-Meet.com. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Find-and-Meet.com. 

By using or accessing any part of the services, you agree to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the site by Find-and-Meet.com. If you do not agree to any of such terms, conditions, rules, policies or procedures, do not use or access the services.

 

Please read these Terms of Use carefully before using the Services offered by Find-and-Meet.com.

Modification

Find-AND-Meet.com reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. 

Language

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control. 

 

Description of Find-and-Meet.com

Find-and-Meet.com provides a listing of events that are taking place in places across the world to individuals who access our site(s) and services (Users).  We reserve the right to modify or change our offered services at any time to any legal purpose. For more information, please see http://www.Find-and-Meet.com. This TOS applies to you and your use of the Services as a User and/or visitor of the Services. 

 

Your Use of the Services

The Services

Find-and-Meet.com hereby grants you a non-exclusive, non-transferable, non-sub licensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, and viewing, events that are registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud. 

 

Software

If you are allowed to download or use any Software in connection with the Services, 

Find-and-Meet.com hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions and/or directions (if any) provided by Find-and-Meet.com in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Find-and-Meet.com, including without limitation Find-and-Meet.com-mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder. 

The Software and the transmission of applicable data are subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies. 

The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS. 

 

Fees and Payments

General

Access to our websites and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer, and we will notify you of those charges at the time that we offer you the premium features or services for a fee. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.). 

 

Fees Assessed by Organizers or Creators or Hosts; Payments to Organizers or Creators or Hosts

Some Organizers or Creators or Hosts may require or request fees for membership, attendance or participation in their group or events listed on Find-and-Meet.com.  These fees are at the discretion of each Organizer or Creator or Host, who decides whether such fees are required, the amount frequency, payment options, refund policies, and how such fees are spent. Fees assessed by Organizers or Creators or Hosts should be remitted to the Organizer or Creator or Host and not to Find-and-Meet.com. To the extent that you use Amazon Payments, PayPal or another payment mechanism (e.g., check or cash), to pay fees assessed by an Organizer or Creator or Host, you acknowledge that Find-and-Meet.com does not control the transaction, and that you bear all risk in connection with the transaction. 

Refunds of any payment you make to any Organizer or Creator or Host are subject to that Organizer's or Creator's or Host's policies and applicable law. If you believe any payment to an Organizer or Creator or Host is in error, you must contact the Organizer or Creator or Host to seek resolution. You should use common sense and be careful in deciding whether to make a payment to an Organizer or Creator or Host. Organizers or Creators or Hosts have full discretion whether and how to spend money in connection with their events or services. We cannot ensure that an Organizer or Creator or Host is legitimate and truthful, that he or she will use payments as promised, or that you will be happy with how your payment is spent. Your correspondence or business dealings with event Organizers or Creators or Hosts, including payment and related services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the applicable Organizer or Creator or Host.

 

 

Your Information

Information obtained through Third Parties APIs

Some information used on Find-and-Meet.com may be provided to Find-and-Meet.com by Third Parties. This Information includes data obtained through use of Third Party APIs.  Any information that is obtained through APIs will be treated in a manner consistent with the API Agreements and Privacy Policies of those Third Parties.  Third Party information is subject to the following terms of this section only to the extent that it is not in violation with the API Agreements or Privacy Policies of the Third Parties.

 

Consent to Disclosure

You acknowledge and agree that Find-and-Meet.com may disclose Your Information (as defined in this Section) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Find-and-Meet.com, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

 

Definition

 "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process or through the use of our Platform, in any public message board or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).

Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public. You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.

 

Restrictions

In consideration of your use of our Platform, you agree that your Information:

• shall not be fraudulent;
• shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• shall not violate any law, statute, ordinance or regulation;
• shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
• shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
• In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.

License

We do not claim ownership of Your Information. We will use Your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Find-and-Meet.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.

Restriction on Use of Your Information

Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

 

 

Use of Platform

Control

You, and not Find-and-Meet.com, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our 

Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will Find-and-Meet.com its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove information.

 

API License

Subject to the terms and conditions of this Agreement, Find-and-Meet.com grants you a limited, non-exclusive, non-transferable, non-sub licensable license to use any application programming interface ("API") that Find-and-Meet.com makes available via the Platform for the sole purpose of integrating or making available Public Information on another web site. Find-and-Meet.com reserves all rights not expressly granted under this Agreement.

Links

We may provide, or third parties may provide, links to other websites or resources. 

Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Find-and-Meet.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

 

 

Events

Event

Through our Platform we provide listing of (local) events that may take place at any number of locations that include, but are not limited to, public locations, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these events and are not involved in any way with the actions of any individuals at these events. As a result, we have no control over the identity or actions of the individuals who are present at these events, and we request that our users exercise caution and good judgment when attending these events.

 

Release

Because we do not supervise or control listed events or interactions among or between attendees, organizers, or anyone associated with listed events and other persons or companies, and because we are not involved in any way with physical transportation to or from listed events or with the actions of any individuals at listed events, and because we do not control Amazon.com, PayPal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Organizers and Creators or Hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a listed event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

 

 

Dealings with Marketing Partners and Third Parties

Your correspondence or business dealings with, or participation in promotions of, marketing partners, information providers or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Find-and-Meet.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

 

 

Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, your use of Third Party Information, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, your participation in a listed event, or your participation as an Organizer or Creator or Host (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at the listed event). Without limiting the foregoing, you, as an Organizer or Creator or Host, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any event attendee or third party due to or arising out of your actions as an event attendee, Organizer or Creator or Host, including your use of money paid to you by event attendees.

 

 

Warranties; Liability

Disclaimer of Warranties

Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. 

We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.

You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. 

 

Limitation of Liability

You agree that in no event shall Find-and-Meet.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Find-and-Meet.com has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Platform or transportation to or from listed events, attendance at listed events, participation in or exclusion from listed events and the actions of you or others at listed events. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action-giving rise to liability, and (b) $100.

 

Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section “Consent to Disclosure” may not apply to you.

 

Modifications

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your ability to use all or any portion of our Platform (including any APIs), at any time for any reason or no reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform. Termination or suspension of your use of our Platform in violation of Section 4.2 will not result in refunds of membership fees paid, if any, and you will forfeit the remaining period of your paid membership, if any.

 

 

Trademarks; Copyrights; Proprietary Rights

Find-and-Meet.com Trademarks. 

Find-and-Meet.com trademarks and service marks, and other Find-and-Meet.com logos, products and service names, are trademarks of Find-and-Meet.com Inc. (the "Find-and-Meet.com Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the Find-and-Meet.com Trademarks without Find-and-Meet.com's prior written consent.

 

Copyrights and Trademarks of Others

Find-and-Meet.com respects the intellectual property of others, and we ask our users to do the same. To the extent Find-and-Meet.com uses a trademark that is the property of a third party, Find-and-Meet.com shall provide clear notice to anyone viewing Find-and-Meet.com use of that trademark that (a) Find-and-Meet.com does not own the trademark and that the trademark is the property of a third party, (b) Find-and-Meet.com has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Find-and-Meet.com use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Our Agent for Notice of claims of copyright or other intellectual property infringement is Geert DeBecker, CEO and can be reached by post to Find-and-Meet.com LLC, 1365 York Ave, suite 19B – New York, NY 10021 – USA or using the feedback button on any page of this website.

 

GENERAL

Entire Agreement

This TOS constitutes the entire agreement between you and Find-and-Meet.com and governs your use of the Services as a User or Visitor, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Find-and-Meet.com on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party information, third party software or the Services in a manner other than as governed by this TOS. 

 

Choice of Law

This TOS and the provision of the Services to you are governed by the laws of the state of New York, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within New York by New York residents.

 

Arbitration

Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Find-and-Meet.com agree to submit to the personal jurisdiction of the courts located within the city and county of New York, New York. Either you or Find-and-Meet.com may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect the rights or property of you or Find-and-Meet.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration. 

 

Waiver; Invalid Provisions

The failure or delay of Find-and-Meet.com to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect. 

 

Time to File Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred. 

 

Titles

The section titles in this TOS are for convenience only and have no legal or contractual effect. 

 

Violations

Please report any violations of this TOS by using the feedback button on any page of this website.