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.
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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.