Welcome to http://www.goentourageapp.com and/or the Entourage App.
These Terms
of Service (“TOS”) together with any
documents incorporated by reference are entered into between Entourage App Inc. (“Company”, “Us”, “Our”, or “We”) and the user (“You” or “Your”) when You access or use any of Our services (the “App”, “Services” or the “Website”)
and govern Your usage of Our offered Services.
Please read these TOS carefully. By using Our Services You are agreeing to
abide by all of the TOS. If You do not wish or cannot abide by these TOS
discontinue use of Our Services immediately.
The Privacy Policy is incorporated into
this agreement by reference. Read it carefully. If You do not accept and agree to be bound by these TOS, including the
terms of the Privacy Policy, please discontinue the use of Our Services
immediately.
Age
Restrictions
Our Services are NOT intended for use
by any person under the age of 18 (eighteen) years of age. Use by any person
under the age of 18 (eighteen) is strictly prohibited. If it becomes suspected
that You are under the age of 18 (eighteen), Your account shall be terminated
immediately. If You have reason to believe another user account is owned by
someone under 18 (eighteen) We ask that You let Us know at [email protected] so We may investigate.
Eligibility
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 in
any jurisdiction in the United States or Internationally. Using the Service may be prohibited or restricted in
certain countries. If you use the Service from outside of the United States,
you are responsible for complying with the laws and regulations of the
territory from which you access or use the Service.
General
We grant You a limited non-exclusive
license to use the App for personal non-commercial purposes. By using the App
You agree to abide by all conditions set forth in the TOS. You agree that You
are at least 18 (eighteen) years of age. You also agree to not engage in any
detrimental conduct laid out in the TOS. You agree that that We may terminate
Your account at any time without notice if We
believe that you have breached these TOS, or for any other reason, with
or without cause, in Our sole discretion, and without any possibility for
appealing that decision. Upon such termination, You
will not be entitled to any refund of unused fees for in app purchases. We are
not required to disclose, and may be prohibited by law from disclosing, the
reason for the termination of Your account.
You also grant Us the unlimited right
to use any information You provide Us for any reason including but not limited
to contacting You with customer support issues and partnering with third party
interests to help cater the App to Your needs and improving the performance of
the App.
If at any time You no longer wish to
consent to the terms in the TOS, uninstall the App completely.
Registration
You must use Your Facebook log in to
create an account on the App. If you do so, you
authorize us to access and use certain Facebook account information, including
but not limited to your public Facebook profile and information about Facebook
friends you might share in common with other Entourage users, and other
information that will make Your experience with the App better and allow Us to
improve performance.
You should familiarize yourself with
the information collection methods employed by Facebook. We have no control
over how information is collected by Facebook. We have no control over what
information is collected by Facebook and passed through to Us during account
creation. Any reservation You have about what information Facebook passes
through to other applications that use Facebook log in should be directed
towards Facebook customer support. https://www.facebook.com/help/?ref=facebar_dropdown_help
Code
of Conduct
In addition to Your compliance with any
local or Federal Governmental law, statute, rule, guidance or regulation
governing online interactions, You also agree to refrain from the following activities while using the App:
1.
Creating
fake profiles or accounts.
2.
Threatening,
harassing or otherwise causing discomfort to other users of Our Services
3.
Participating
in any phishing, scam or spamming activities as they can negatively impact the
experience of other users.
4.
Creating
sexually explicit content.
5.
Using
copyrighted content of third parties.
6.
Infringing
on any rights of third parties
7.
Any other
activity that We may deem detrimental to other users, employees, agents and
third parties associated with Us.
Failure to refrain from these
activities can result in immediate account deletion without warning. We reserve
the right to add additional prohibited activity to this list. This TOS should
be referenced frequently to see any and all changes made to it.
Group
Interaction
Groups of up to 3 people will connect
via Our Services. Once connected, it is possible for some individuals to leave
the group You have connected with. This may leave the group with individuals
You may not have contemplated connecting with initially.
If at any time any reorganization of a
group You have connected with becomes less than satisfactory you have the
option to terminate all connection with that group.
Once disconnected no further
information or interaction will be shared between the groups.
Your Interactions with Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT CURRENTLY CONDUCT
CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. WE ALSO DO
NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY
THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. WE
RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS
(SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE
PUBLIC RECORDS.
Content
We
claim no ownership of the content You upload to Our services. You grant Us a non-exclusive,
perpetual, assignable, royalty free, sub-licensable, world wide right to use,
distribute, reproduce, modify, adapt, combine, synchronize, create derivative
works from, publicly perform and publicly display any an all of Your content
(including Your name and likeness) on the App or for any promotional or other
commercial use by Us or by third party partners at Our sole discretion. We
continue to hold and assert these rights even if Your account is deleted or
otherwise terminated by You or Us.
We may use Your feedback and comments
to improve Our Services. You waive any right to compensation for any
suggestions, comments or other advice You may have offered Us.
You acknowledge that We do not screen
all content. We reserve the right to screen any content at Our discretion.
You represent and warrant that all
content You upload is Your own. You are responsible and fully liable for any
content You post to the App. Any content from a third party that You post may
subject You to legal liability.
Content that You post, whether Your own
or that of a third party, that is deemed indecent is also Your responsibility.
Digital
Millennium Copyright Act (DMCA) Procedures
You may not post any copyrighted,
trademarked or other proprietary material that You do not own. Use of this
manner of information without the express written consent of its author is
strictly forbidden by Us and governmental agencies throughout the world.
· If you believe your content is being
used without authorization, please send ALL of the following information to Our
Copyright Agent:
· Electronic or physical signature of a
person who is authorized to act on behalf of the copyright owner
· A description of the material you
believe is being used without authorization
· A sufficiently specific description of
the location(s) of the infringing use. The description should be specific
enough to make it easy for Us to locate the material as rapidly as possible.
· Your address, telephone number and
e-mail address
· A written statement that you have a
good faith belief that the disputed use is not authorized by the author, the
law or any of the author’s agents
· A statement, under penalty of perjury,
that your statements and information are correct and that you are the copyright
owner or authorized by the owner to act on their behalf.
All inquiries related to DMCA claims
and questions should be directed to Our copyright agent:
Alex
Clifford
1555
N Mohawk Street, Suite 2A
Chicago,
IL 60610
[email protected]
(978)
460-1974
Proprietary Rights
We own and retain all
proprietary rights in the Service, and in all content, trademarks, trade names,
service marks and other intellectual property rights related thereto. The
Service contains the copyrighted material, trademarks, 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 Our prior written consent or, if such property
is not owned by Us, the owner of such intellectual property or proprietary
rights. You agree not to remove, obscure or otherwise alter any proprietary
notices appearing on any content, including copyright, trademark and other
intellectual property notices.
Safety
You are responsible for Your safety. We
take all reasonable measures to delete and eliminate fraudulent users and
accounts. These efforts do not assure that all accounts are in compliance with
these TOS. Accounts that otherwise appear legitimate may still be owned by
people with malicious reasons for using social media platforms like Our
Services.
In using Our Services You should use
caution and all due diligence in assessing potential matches. Online scams are
real and can end with negative results. For more information on how to protect
your safety online, visit: http://www.onguardonline.gov/articles/0004-online-dating-scams
Parental
Controls
If you have children who you wish to
block from accessing our Services, there are parental controls available to
block access to websites and mobile application controls. If for any reason you
believe an unauthorized minor could access Our Services against Your wishes,
You should implement one of these parental control services. Services such as
Netsanity (https://netsanity.net/) are available for purchase to protect
unauthorized access by minors. Other providers may be available that suit your
platform and device.
Limitation
of Liability
YOU
AGREE THAT WE HAVE NO LIABILITY UNDER ANY LEGAL OR EQUITABLE THEORY THAT ARISES
OUT OF YOUR USE OR INABILITY TO USE OUR SERVICES, ANY LINKED WEBSITES OR
SERVICES FROM THIRD PARTY PROVIDERS. YOU FURTHER AGREE TO HOLD ANY OF OUR
EMPLOYEES, AGENTS, MANAGEMENT, SUCCESSORS AND ASSIGNS FREE FROM LIABILITY
ARISING IN CONNECTION FROM YOUR USE OR INABILITY TO USE OUR SERVICES.
THIS
LIMITATION OF LIABILITY DOES NOT EFFECT ANY LIABILITY OR LIMITATION THAT IS
EXCLUDED FROM LIMITATION BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the
Company, its affiliates, licensors and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of
these Terms of Use or your use of Our Services, including, but not limited to,
your contributed user content, any use of the App’s content, services and
products other than as expressly authorized in these TOS or your use of any
information obtained from the Website.
Disclaimers
You agree and acknowledge that the
Company, its agents, employees, third party partners and affiliates incur no
liability either directly nor indirectly for any loss or damage, including
personal injury or even death that is the result or alleged to be the result of
any:
· Incorrect or inaccurate information or
content posted by any user or the Company itself regardless of why the
information and content is incorrect and/or inaccurate.
· Defect in the timeliness of the
deletion, modification or review of any content on the website.
· Online or offline conduct of any user
of Our Services.
· Error or defect in communication
between users or between users and the Company.
· Error or defect in internet, software
or physical telecommunications equipment.
Including any defect that may cause
User hardware failure, injury or death.
TO
THE MAXIMUM EXTENT PROVIDED BY LAW THE COMPANY PROVIDES SERVICES ON AN “AS IS”
OR “AS AVAILABLE” BASIS. THE COMPANY GRANTS NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WITH RESPECT TO ITS SERVICES. THE COMPANY DOES NOT REPRESENT OR
WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR NOT THAT ANY ERROR THAT IS
FOUND WILL BE FIXED, ALTERED OR REMEDIED AT ANY TIME.
Any content downloaded, viewed or
otherwise obtained from Our Services is at Your sole risk and discretion. You
are solely responsible and hereby waive any claims against the Company, its
affiliates, employees, third party partners, successor and assigns that damage,
injury or harm of any kind have arisen from accessing content from Our
Services. If You do not accept sole responsibility You are NOT authorized to
access any content or information from Our Services and should not continue
with installation or use of any of Our services.
The Company makes not representation or
warranty that any third party or affiliate information that We provide to You
is accurate, useful or valid. Any concern with the accuracy, usefulness or
validity of any third party or affiliation should be directed toward the third
party or affiliate provider. You waive any right to legal or equitable action
of any kind against Us that results from Your use, misuse or reliance on ANY
information or Content on Our Services
All of the paragraphs of this TOS are
for informational and entertainment purposes. Nothing in this TOS is intended
to give or replace any professional legal, financial, medical or other advice.
Arbitration
Any controversy or claim arising out of
or relating to this contract, or the breach thereof, shall be settled by
arbitration administered by the American Arbitration Association in accordance
with its Consumer Arbitration Rules and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
The arbitration shall take place in
Chicago, IL in accordance with her laws and without regard to conflict of law
principles. A single arbitrator shall preside over the arbitration proceedings
and enter judgment.
Severability
If any term or provision of this TOS is
invalid, illegal or unenforceable in any jurisdiction, such invalidity
illegality or unenforceability shall not affect any other term or provision of
this TOS or invalidate or render unenforceable such term or provision in any
other jurisdiction where it is deemed enforceable.
In App Purchases
From time to time, We may offer additional
products and services for purchase through the App Store™, Google Play™ or other application platforms (“in app
purchases”). If you choose to make an in app purchase, You will be prompted to
enter details for your account with the mobile platform you are using (e.g.,
Apple™, Android™, etc.) (“your IAP Account”), and your IAP Account will be
charged for the in app purchase in accordance with the terms disclosed to you
at the time of purchase as well as the general terms for in app purchases that
apply to your IAP Account. In app purchases may include a free trial period. At
the end of the free trial period, you will be charged the price of the
subscription and will continue to be charged until you cancel your
subscription. To avoid any charges, you must cancel before the end of the trial
period. If you purchase an auto-recurring periodic subscription through an in
app purchase, your IAP Account will be billed continuously for the subscription
until you cancel in accordance with the platform terms. In call cases, please
refer to the terms of your application platform which apply to your in app
purchases.
Modifications to Service
We reserve the right at
any time to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that the Company shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of the Service. To protect the integrity of the Service, We
reserve the right at any time in Our sole discretion to block users from
certain IP addresses from accessing the Service.