Términos y condiciones Condiciones

By accessing the Himoon application (the "App") you agree to be bound by these Terms and Conditions of Use (these "Terms"). These terms constitute a contract between you and the "Company" (as defined further below) describing all your rights before you use the App, or any other platforms or services the Company may offer ("Service"). Please read these Terms before using the Service, because once you access, view or use the Service, you will be legally bound by these Terms.

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BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND THE RELATED PRIVACY POLICY, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.

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1. THE SERVICE RULES

Before using the Service, you will need to register for an account ("Account"). By creating an account your represent & warrant that you are;

• at least 18 years old; and

• are legally permitted to use the Service by the laws of your home country.

You can only login to the Service by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.

As per our privacy policy, you are not allowed to use another person’s Account.

You can delete your Account at any time, 24/7 within the app or by contacting support@himoon.app. Your Account will be deleted within 7 days, however it may take a little while for Your Content (defined below) to be completely removed from the Service.

We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You may not access, tamper with, or use non-public areas of the Service or our systems. Certain portions of the Service may not be accessible if you have not registered for an Account.

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2. TYPES OF CONTENT

There are three types of content that you will be able to access on the Service:

• content that you upload and provide ("Your Content");

• content that members provide ("Member Content"); and

• content that the Company provides ("Our Content"). \

The following types of content are prohibited on the Service:

• Any content that contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

• Any content that is obscene, pornographic, violent or otherwise may offend human dignity;

• Any content that is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;

• Any content that encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

• Any content that is defamatory or libellous;

• Any content that relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

• Any content that involves the transmission of "junk" mail or "spam";

• Any content that contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Company or otherwise;

• Any content that itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);

• Any content that shows another person which was created or distributed without that person’s consent.

Your Content

You are responsible and liable for everything you decide to post or display, any time. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether in the Service or via other means, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

HiMoon is a public community. That means that Your Content will be visible to other users of the Service all around the world instantly - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the Service (e.g. individuals who receive a link to a user’s profile or shared content from other Service Users). By uploading Your Content on the Service, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

Member Content

Other members of the Service will also share content via the Service. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Service at the direction of the user providing the Member Content.

You do not have any rights in relation to other users' Member Content, and you may only use other users' personal information to the extent that your use of it matches the Services' purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

All the content developed by/for the Company belongs to the Company. That means that any other text, content, graphics, user interfaces, systems, processes, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Service are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sublicense, under the following conditions:

• you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the Service;

• you shall not use our name in metatags, keywords and/or hidden text;

• you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and

• you shall use Our Content for lawful purposes only.

We reserve all other rights.

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3. RESTRICTIONS ON THE SERVICE

You agree to:

• comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

• use your real name on your profile;

• use the services in a professional manner.

  You agree that you will not:

• act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;

• misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;

• disclose information that you do not have the consent to disclose;

• create or operate a pyramid scheme, fraud or other similar practice.

Misbehaving users or users not respecting other users in the Service will be excluded from the platform. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint.

Also, it is prohibited to try to copy any section of the Service without the Company consent. Scraping or replicating any part of the Service without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces.

4. RULES & COMMUNITY CHARTER

Himoon is an inclusive community and does not tolerate any abusive behavior or inappropriate content under any circumstances.

More specifically :

• You must be 18 years or older to use Himoon. Minors are not legally allowed on the app.

• Nudity and other sexual or offensive content have no place on the app.

• Himoon does not, under any circumstances, tolerate behavior resembling harassment or hate speech. This includes, among others, but not exclusively; discrimination, fetishism, sexism, racism, etc. Mutual respect is a key value for the Himoon community.

• Any behavior resembling scams or spam is prohibited on the application.

• The promotion or encouragement of paid sexual services (prostitution and trafficking) is not permitted on the Himoon application.

• Never pretend to be someone you are not on Himoon. Identity theft is prohibited.

• Anything that is illegal or inappropriate in real life is also illegal on Himoon.

• Himoon reserves the right to ban any user whose use of the application is deemed inappropriate or contradicts the rules and charter set out in this article or, more generally, these general conditions.

If you witness a breach of any of the terms and conditions, or any other inappropriate act which would not fall within the scope of generally acceptable use, we strongly encourage you to report responsible accounts. An icon in the upper right corner of your screen allows you to report a conversation with an unwanted Himoon user. A report will be sent to us.

Himoon undertakes to verify reported accounts and ban those whose use of the application does not comply with these general conditions of use. Whilst we will endeavor to do our best efforts to enforce the terms and conditions the company makes no guarantees.

5. INTERACTIONS WITH OTHER USERS AND SAFETY

The App is a platform that helps people to gather and meet. The App is not in charge of providing features to ensure your personal safety during the date that you organize.

You assume all risks when using the Service, including but not limited to all risks associated with any online or offline interactions with others, including dating.

You should take all necessary actions to ensure your safety when interacting with others. Please proceed with caution when interacting with users on the Service. The Company does not verify any information about Users and you acknowledge that any and all interactions with users is at your own risk.

You acknowledge that the Company does not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users (except as provided above) or conduct criminal screenings of its Users.

You acknowledge that the Company does not screen, inspect or in any way verify the date venues presented in the Service. You should take all necessary steps to ensure the location is safe and appropriate to meet someone from the Service. You alone are responsible and take all risks in relation to meeting other users of the Service, including risks related to the location you are meeting at, or the travel to or from the location.

The Company does not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you.

You alone are responsible for your involvement with other Users. You agree that the Company will not be responsible for any losses or damages incurred as the result of any such interactions with other Users. The Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users. You agree to treat all other Users with dignity and respect and comply with these Terms.

6. COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION

You agree that you are personally responsible for your own safety and actions during any interactions with Users of the Service. Because the Service is designed to facilitate in person interactions with other users you recognize that you are at higher risk of contracting COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist. You KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for any and all interactions with the Service or Users.

You willingly agree to comply with government guidelines and recommendations in regards to protection against infectious diseases. If you observe any unusual or significant hazard during any interactions arising from the Service you will remove yourself immediately and cease all interactions with Users that could be considered to pose a risk to the health and safety of others.

You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS the Company, their officers, officials, agents, and/or employees, other Users, (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

7. THIRD PARTY DATE VENUES OR DATE LOCATIONS

The Service facilitates Users to meet in person at date venues or date locations (Third Party Venues or Venues) for a date. These Venues may be owned or operated by third parties to which the Company has no affiliation. These Third Party Venues may have terms, conditions or requirements for access, use or attendance at their Venue. By using the Service, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Venue.

You acknowledge that the Company does not screen, inspect or in any way verify the date venues presented in the Service. You should take all necessary steps to ensure the location is safe and appropriate to meet someone from the Service. You alone are responsible and take all risks in relation to meeting other users of the Service, including risks related to the location you are meeting at, or the travel to or from the location.

You acknowledge that you are responsible for your behaviour at any Third Party Venue. You are responsible for any fees, charges, or claims brought by any Third Party Venue brought as a result of your attendance at a Venue. The arrangement of a date at any Third Party Venue does not afford you with any credits, discounts, or any other reduction in fees of the Third Party for the use of their Venue.

The arrangement of a date at any Third Party Venue or Location does not guarantee a reservation, or in any way ensure you will be able to attend the Venue. You should make all necessary arrangements with the Third Party Venue in relation to your date.

8. PRIVACY

For information about how the Company collects, uses, and shares your personal data, please check out our Privacy Policy. By using the Service, you agree that we can use such data in accordance with our Privacy Policy.

9. THIRD PARTY STORES; PREMIUM SERVICES; IN-SERVICE PURCHASES; SUBSCRIPTIONS

The Service may be dependent on and/or interoperate with third-party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each, a “Third Party Platform”) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the Service. By using the Service, you agree to comply with any Servicelicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

We may make certain products and/or services available to users of the Service in consideration of a fee, including the ability to purchase products, services and enhancements, such as Date Credits which provide the ability to schedule a date (“In-Service Products”). If you choose to purchase In-Service Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such In-Service Products, and such additional terms are incorporated herein by reference. You may purchase In-Service Products through the following payment methods: (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorised by us (each, a “Third Party Store”), of (b) any other such methods that may be offered from time to time. Once you have requested an In-Service Product, you authorize us to charge your chosen Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

If you choose to purchase an In-Service Product, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Servicele, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the In-Service Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-Service purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.).

Subscriptions purchased from Himoon may be canceled at any time as permitted by the App Store or Google Play, depending on the device used for the Himoon application.

Unless terminated at least twenty-four (24) hours before the end of the duration initially planned for the subscription, it will be automatically renewed, at the price initially accepted at the time of subscription.

The products offered by Himoon being digital content not provided on material support, you expressly accept in advance the execution of any purchase or subscription offered by Himoon. Consequently, in accordance with article VI.53, 13° of the Code of Economic Law, you expressly waive, by this purchase or subscription to this subscription, the right of withdrawal provided for by articles VI.48 et seq. of the same Code .

The Company does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the The Company and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honour, or impose conditions on the honouring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the Service because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the Servicelicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-Service Products or Premium Service purchases.

10. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to the Service and/or the Company services, such as enhancements, offers, products, events, and other promotions. After downloading the Service, you will be asked to accept or deny push notifications/alerts. If you deny, 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 Service, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@himoon.app.

The Service may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Service 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 authorise the Service to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Service uses and retains your information, please read the Privacy Policy.

11. DISCLAIMER & LIMITATION OF LIABILITY

THE SERVICE, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SERVICE OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICE, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICE OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICE AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE Service AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

12. INDEMNITY

All the actions you make and information you post on the Service remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

• any negligent acts, omissions or wilful misconduct by you;

• your access to and use of the Service;

• the uploading or submission of Content to the Service by you;

• any breach of these Terms by you; and/or

• your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

13. 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 Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online si