Nuzzlr's Terms and Conditions of Use

Nuzzlr is a social connection app designed as a platform for meeting new people, a place to have discussions and to share photos, news, and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Nuzzlr in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Nuzzlr Community Guidelines and Safety Tips (collectively, the "Terms").

The Terms constitute a binding legal agreement between you as user ("you") and the Nuzzlr Group ("we" or "us"). The Nuzzlr Group includes, but is not limited to, Nuzzlr Technologies Ltd (a company registered in [your jurisdiction]) and Nuzzlr US LLC (a company incorporated in Delaware).

The Terms apply whenever you visit Nuzzlr, whether or not you have chosen to register with us, so please read them carefully. BY DOWNLOADING NUZZLR, CLICKING ON THE "I ACCEPT" (OR SIMILAR) BUTTON, OR OTHERWISE ACCESSING, USING, REGISTERING FOR OR RECEIVING SERVICES OFFERED ON NUZZLR YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS.

Please refer to our Community Guidelines and Safety Tips for additional Dos and Don'ts, and information on staying safe.

If you are concerned about how your data is being used by Nuzzlr then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Nuzzlr. By using Nuzzlr, you agree that we can use such data in accordance with our Privacy Policy. Our app also uses cookies or similar technologies which we tell you more about on our Privacy Policy page.

1. Use of the app and rules relating to Content

Who can use Nuzzlr?

Nuzzlr is a meeting place for adults. You may only use Nuzzlr, including any of its features, or become a registered member if you are (i) 18 years old or older and (ii) legally permitted to use Nuzzlr by the laws of your home country.

You warrant that: (i) you have the right, authority and capacity to enter into and be bound by the Terms, (ii) all registration information you provide is accurate and complete, and (iii) that by using Nuzzlr you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

What kind of content can I post or upload on Nuzzlr?

You are able to post or upload all kinds of things on Nuzzlr, including photographs, messages, and other content ("Content").

There are some rules about what is acceptable though, so when you are using Nuzzlr you may not post, send or upload any Content which:

• contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic or otherwise may offend human dignity;
• is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• is defamatory;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of "junk" mail or "spam";
• impersonates a person, company or brand with the intent to deceive or confuse others;
• contains any spyware, adware, viruses, corrupt files, worm programs 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 data whether from Nuzzlr or otherwise;
• itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person where such Content was created or distributed without that person's knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
• contains images of children, even if you are also in the photo, or endangers minors.

Please use your common sense when picking the Content that you choose to post on, upload or send via Nuzzlr because you are solely responsible for, and bear all liability in relation to, such Content.

We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. If you repeatedly infringe our rules, you may be prevented from using Nuzzlr and we may restrict your access to Nuzzlr, disable your account or block you from further use of Nuzzlr. We may also remove, edit, limit or block access to any Content you submit to Nuzzlr if we believe it violates the Terms or we are required to do so by applicable law.

If you believe that we've made a mistake in taking such action, you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please contact our support team (please explain why you are appealing our decision, and give as much detail as you can).

Are there any rules relating to personal data like my email address?

You may not display any personal contact or banking information on your individual profile page ("Profile") 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, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, 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. You are required to follow our Guidelines and Safety Tips when doing so.

What about other people's personal data, can I use it?

You may only use other Nuzzlr users' personal data to the extent that your use of it matches Nuzzlr's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. Nuzzlr reserves the right to terminate your account, or prevent access to its features if you misuse other users' information.

Some of my friends want to see all the people I'm chatting with. Can I tell them my password and let them log on as me?

The short answer is no. Only you are authorized to access your account with Nuzzlr. You must not share your password with anyone or let anyone else access your account as this jeopardizes the security of all of the Content and personal data that you have submitted to Nuzzlr. You are responsible for keeping your password secret and secure. Nuzzlr is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting our Feedback page and telling us of your suspicions or concerns. You must also immediately change your password. Nuzzlr reserves the right to terminate your account if you violate our rules on keeping your password secure.

Who can see the Content that I put on Nuzzlr?

When you upload Content to Nuzzlr it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Nuzzlr. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Nuzzlr without any incurring liability to you. We have no obligation to display any Content that you submit to Nuzzlr, nor to check the accuracy or truthfulness of any Content submitted to Nuzzlr, nor to monitor your use or the use of other users of Nuzzlr.

Anything else I need to know?

When you use Nuzzlr you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable license to use and to upload Content and to use Nuzzlr solely for your personal use. Apart from this license, and the rights you retain in the Content that you submit to Nuzzlr, you have no other rights in the use of Nuzzlr, or its Content, features, database(s) or software, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, scrape, disable, decompile, analyze or in any way exploit any of the foregoing in any manner. If you breach any of the Terms, the above license will terminate automatically and you must immediately destroy any downloaded, printed or otherwise obtained Content.

2. Ownership of Content

Once I have uploaded Content on Nuzzlr, do I still own it?

Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn't belong to you).

Please note though that by posting, uploading or sending Content on Nuzzlr you represent and warrant to us that you exclusively own such Content and/or otherwise have the right to grant us the rights to use such Content in accordance with these Terms.

Please note that by posting, uploading or sending Content on Nuzzlr you automatically grant to us a non-exclusive, royalty free, perpetual, worldwide license to use such 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 license to our affiliates and successors without any further approval by, or notice to, you.

We have the right to disclose your identity to any third party who claims that any Content posted or uploaded by you to Nuzzlr constitutes a violation of their intellectual property, privacy or other rights.

So that we can prevent the unconsented use of any Content that you have posted, uploaded or sent on Nuzzlr by other members or third parties outside of Nuzzlr, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if the Content that you have posted, uploaded or sent on Nuzzlr is taken and used by third parties outside of Nuzzlr.

Who does the rest of the Content on Nuzzlr belong to then?

Us! The rest of the Content, including text, graphics, user interfaces, trademarks, logos, sounds and artwork on Nuzzlr, as well as the Nuzzlr software and database(s) are owned, controlled or licensed by us and our suppliers and are protected by copyright, trademark, database rights and/or other intellectual property law rights.

Can I use any of the Content that doesn't belong to me?

Other than in relation to Content submitted by you to Nuzzlr, and apart from the license we grant to you under these Terms, you do not have any rights in relation to the Content on Nuzzlr and you agree that you will not use any Content in any manner which may infringe our or any third party's rights. All other rights that are not expressly granted under these Terms are reserved by Nuzzlr and its licensors. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of Nuzzlr or the Content contained on Nuzzlr (other than the Content submitted by you).

3. Paid for services

What can I buy on Nuzzlr?

Nuzzlr offers you the opportunity to pay for certain services offered on Nuzzlr ("Premium Services"). Nuzzlr's Premium Services include various opportunities to find and meet additional people, to customize your profile and to boost your profile so more people find you. All of these Premium Services can be purchased after you register, and you may subscribe to the Premium Services for various lengths of time as described within Nuzzlr.

You may also buy credits that may be redeemed towards Premium Services (each, a "Credit").

Paid for services are not available in sanctioned countries.

How do payments generally work?

If you order any Premium Services or Credits on Nuzzlr, you agree to pay for them in accordance with the billing terms in effect at the time of purchase. You may purchase Premium Services or Credits through the following payment methods (each, a "Premium Payment Method"): (a) making a purchase through a third party platform such as the Apple App Store or Google Play Store (each, a "Third Party Store"), or (b) paying with any credit or debit card that we accept or (c) a PayPal account or (d) any other payment method available to you at your current location from time to time. Once you have requested a Premium Service or Credit, you authorize us to charge your chosen Premium Payment Method. If we do not receive payment from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us.

Can I automatically refill my credits?

Yes. Nuzzlr may also offer users the ability to automatically refill their Credits with our Auto Refill feature ("Auto Refill"). By default, our Auto Refill feature is turned on, your Credits will be automatically refilled to an amount equal to the amount you initially paid using such feature and your Premium Payment Method will be automatically charged when your Account has 200 Credits or less. You can change your Auto Refill at any time in your payment settings on your account's profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.

How do I cancel automatic renewal of my Premium Services with Nuzzlr?

Premium Services may be provided as automatically-renewing subscriptions (e.g., an automatically renewing one-week subscription, one-month subscription, or three-month subscription.). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE INITIAL SUBSCRIPTION PERIOD AND EACH SUBSEQUENT RENEWAL PERIOD AT NUZZLR'S THEN CURRENT PRICE FOR SUCH SUBSCRIPTION, UNLESS YOU CANCEL. To avoid charges for a new subscription period, you must cancel at least twenty four (24) hours before the end of the prior subscription period as described below. Deleting your account or deleting the application from your device DOES NOT cancel your subscription. You will be given notice of changes in the pricing of the Premium Services for which you have subscriptions and an opportunity to cancel. If Nuzzlr Group changes these prices and you do not cancel your subscription, you agree that you will be charged at Nuzzlr Group's then-current pricing for subscription.

If you purchased Premium Services or a subscription directly from Nuzzlr Group, you may change your Premium Payment Method via the payment settings option under your profile. If you purchased a subscription directly from Nuzzlr Group or the Google Play Store and you would like to cancel your subscription, you may do this following the instructions in the App – canceling your Premium Payment Method DOES NOT cancel the subscription. If you purchased a subscription through the Apple App Store, you will need to access your account with Apple and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but your subscription will not be renewed when that period expires and you will then no longer be able to use the Premium Services enabled by your subscription.

Because the Nuzzlr app may be utilized without a subscription, canceling your Premium Services subscription does not remove your profile from our app. If you wish to fully terminate your account, you must terminate your account as set forth in Section 5.

The Nuzzlr Group operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. The Nuzzlr Group reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Premium Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Premium Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Nuzzlr through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

When can I seek a refund?

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

However:

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin, the terms below apply:

YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE NUZZLR) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

There are no refunds for subscription renewals. Blocked members are not entitled to refunds.

To request a refund:

In addition to canceling, eligible subscribers must request a refund to receive one.

If you subscribed using your Apple ID, refunds are handled by Apple, not Nuzzlr. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history," find the transaction and hit "Report Problem". You can also submit a request at Apple Support.

For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet).

You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or cell number associated with your account along with your order number. This notice shall be sent to: Nuzzlr, Attn.: Cancellations, [Your Company's US Address].

Can I transfer any of my Premium Services or Credits to another Nuzzlr user?

The Premium Services and Credits are not transferable, whether for free or as a sale or barter transaction, and Nuzzlr does not recognize any purported transfers of Premium Services or Credits. Accordingly, you may not trade, sell, gift or attempt to sell any Premium Services or Credits for value of any kind. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.

Do my credits last forever?

No. Unused Credits expire 6 months after the date of purchase (unless the credits are purchased through the Apple App Store). If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.

Bonus credits under Premium Services

If you receive bonus credits on credit packs bought as part of a premium feature (for example, as a Premium subscriber), we may change the percentage of bonus credits available as part of that feature at our discretion. Bonus credits apply to full-price credit packs only.

Do sales taxes apply?

If Nuzzlr Group determines it has a legal obligation to collect a Sales Tax from you, Nuzzlr Group shall collect such Sales Tax in addition to the payments required under Section 3 of these Terms. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Nuzzlr Group, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Nuzzlr Group for any liability or expense Nuzzlr Group may incur in connection with such Sales Taxes. Upon Nuzzlr Group's request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, "Sales Tax" shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

What about withholding taxes?

You agree to make all payments of fees to Nuzzlr Group free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Nuzzlr Group will be your sole responsibility, and you will provide Nuzzlr Group with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

4. Access to the app

Do you guarantee that Nuzzlr will be up and running at all times?

Unfortunately we can't guarantee that because sometimes we have to carry out maintenance to the app or it may be affected by a fault or circumstances which are outside our control, so Nuzzlr is provided on an "as is" "as available" basis. NO WARRANTY IS GIVEN ABOUT THE QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF NUZZLR AND WE RESERVE THE RIGHT TO SUSPEND, WITHDRAW, AMEND, MODIFY OR VARY THE SERVICE PROVIDED ON NUZZLR WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY TO YOU.

What about mobile access and communications with Nuzzlr Group?

You are responsible for making all the necessary arrangements to ensure you can access Nuzzlr (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Nuzzlr through mobile services or any similar service currently known or developed in the future.

By entering into these Terms or using Nuzzlr, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your account or the use of Nuzzlr. By accessing Nuzzlr or agreeing to receive messages or notifications from Nuzzlr through your cell phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges. You may opt-out of receiving certain communications by unsubscribing.

I'm not registered and I can't seem to access some Content or features on the app. Why is that?

Non-registered users are able to access only that portion of Nuzzlr that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users' access to Nuzzlr will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.

5. Termination of use by you

What do I do if I want to "unregister" myself from Nuzzlr?

If you have registered for an account on Nuzzlr, you can terminate your account at any time by going to the 'Settings' control on Nuzzlr when you are logged in and choosing the 'delete profile' link. We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to Nuzzlr. You will therefore be able to restore your account and your profile in its entirety within 30 days of deactivating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to Nuzzlr. For further details, please refer to our Privacy Policy.

In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.

When might Nuzzlr terminate my account?

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. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your "offline" conduct), if we, in our sole discretion, determine your conduct was inappropriate, improper or unlawful, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. You agree that any terminations for cause shall be made in Nuzzlr Group's sole discretion and that Nuzzlr Group shall not be liable to you or any third party for any termination of your Account.

What happens once my account has been terminated?

Following termination of these Terms and/or your account, the Content that you have uploaded to Nuzzlr, other than your profile (such as comments or messages), may still appear on Nuzzlr following termination of your registration, although Nuzzlr may delete such information. In addition, termination of these Terms and/or your account includes removal of access to your account, and all related information and Content associated with or inside your account. We reserve the right to enforce all rights in connection with any Content that remains active or otherwise available on Nuzzlr or its services.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, dispute resolution provisions, and limitations of liability.

6. Safety Policy

In addition to the above terms, the following Safety Policy terms also apply to you:

There is certain content we can't allow on Nuzzlr. You may not post, send or upload any Content which:

• is illegal or encourages, promotes or incites any illegal activity including misconduct that threatens public or personal safety such as a threatened act, or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens public or another person's safety.
• is harmful to minors;
• is defamatory or libelous;
• itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person's consent;
• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic, violent or otherwise may offend human dignity;
• is abusive, insulting or threatening, discriminatory or which promotes, depicts or encourages racism, sexism, hatred or bigotry;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of "junk" mail or "spam";
• impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
• contains any spyware, adware, viruses, corrupt files, worm programs 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 data whether from Nuzzlr or otherwise; or
• in any other way violates these Terms.

Background Check

In certain circumstances, such as in response to member-generated or press reports of suspected misconduct, the Nuzzlr group may investigate whether a member has a criminal history, which may, depending on the circumstances, include searching sex offender registries or other public records. If such investigations identify a person with a criminal conviction, the Nuzzlr group may use available information to determine whether the person identified by the investigation is the same person as the member about whom the investigation was conducted. Following any such investigation, with respect to any member that the Nuzzlr group reasonably believes to have been convicted of a sex offense (such as sexual assault or sexual harassment, and including any registered sex offenders), or a conviction for human trafficking, stalking, kidnapping, child abuse, domestic abuse, murder, hate crimes, or terrorism or violent extremism, the Nuzzlr group may take steps to block that person from using the service and communicating with other members over the platform. The Nuzzlr group reserves the right to block members for other offenses, or for other violations of these terms, or for other reasons in their sole discretion. Criminal background investigations, when conducted, are not typically updated by the Nuzzlr group. Additionally, while investigations for criminal histories may be conducted on some members, they are not foolproof and most members are not expected to be subject to any form of check for criminal histories. Any investigations for criminal histories may give members a false sense of security. The checks for criminal histories that may be conducted by the Nuzzlr group are not a perfect safety solution. Criminals may circumvent even the most sophisticated search technology. Not all criminal records are public in all states and not all databases are up to date. Only publicly available convictions are included in checks, and checks do not cover other types of convictions or arrests or any convictions from foreign countries.

Identification Verification

To use our service, you must be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.

When a member may be suspended or blocked

All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against Nuzzlr's Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to Nuzzlr or its members, we may take a range of actions on your account. When determining the penalty for violating our community guidelines, we consider a number of factors.

We may:

• Remove the content
• Issue a warning
• Ban the offending member from some or all Nuzzlr Group apps

When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.

Your treatment towards others outside of the Nuzzlr app can also result in action against your account. If we're made aware of harm between members on dates, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of Nuzzlr, we may take action as if it happened on our platform.

You cannot submit appeals, reports, notices or complaints that are false reports or report for malicious, biased, or other illegitimate reasons.

Appeals rights and appeal process

If you believe that we've made a mistake in taking action on your Account or Your Content (defined below), you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please contact our support team (please explain why you are appealing our decision, and give as much detail as you can).

User Notice

When you submit a Block & Report, a member of the support team will review it and take action based on Nuzzlr's Community Guidelines which can include a warning or banning them from the app. Nuzzlr will not tell the person who you reported that you reported them.

Notice regarding Sexual Conduct

Consent is required at all times. Everyone on Nuzzlr is expected to discuss and respect boundaries. This includes never making assumptions about what someone is comfortable with. Consent can be withdrawn at any time, and sex is never owed to anyone.

Safety Resources

We partner with organizations that provide online trauma support to members of our global community who experience sexual assault or relationship abuse. These programs offer self-guided courses co-created by survivors and certified therapists on topics such as Dating, Relationships & Boundaries, Healing from Sexual Trauma and Society, Patriarchy & Sexual Trauma. These tailored courses encourage learning and reflection in order to process and heal.

Safety Measures

Safety is a top priority at Nuzzlr. We use a combination of human moderators and automated systems to monitor and review Nuzzlr accounts and interactions for content that may be against our Community Guidelines, against our Terms and conditions, or otherwise harmful.

Our members play a critical role in the safety of Nuzzlr by reporting content or behavior that may violate our Community Guidelines. If anything happens that makes you feel uncomfortable or unsafe, we highly encourage you to Unmatch with – or Block & Report – the member. For a full list of resources and measures, please visit our Safety Center.

7. Abuse/Complaints

Someone is not obeying the Terms, who do I tell?

You can report any abuse or complain about Content on Nuzzlr by contacting us via our Feedback page, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the 'Report Abuse' link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.

We will always try our best to help resolve any issue that you may encounter with our service.

Are other users vetted?

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, THE NUZZLR GROUP MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, THE NUZZLR GROUP MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT THE NUZZLR GROUP REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, THE NUZZLR GROUP MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. THE NUZZLR GROUP RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY THE NUZZLR GROUP. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY THE NUZZLR GROUP ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

We don't control any of the things our users say or do. Though we set and enforce our Terms of Service and take steps to try to prevent misbehavior in the Nuzzlr community, we do not owe you a duty to protect you from any type of harm caused by other users. You are solely responsible for your interactions with other users of Nuzzlr.

You agree to, and hereby do, to the maximum extent permissible under applicable law, release Nuzzlr Group and its affiliates, and their respective officers, directors, employees, agents, representatives and successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of Nuzzlr. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

8. Privacy Policy

Do you have guidelines in place about what you can do with my personal data?

We process information in accordance with our Privacy Policy which is incorporated into these Terms and Conditions of Use. Please read the terms of our Privacy Policy prior to using Nuzzlr.

9. Links

Are the links on the app anything to do with Nuzzlr?

Nuzzlr may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site's compliance with any applicable laws or regulations.

10. Disclaimer of warranties

I forgot the rules about conduct in these Terms and now someone is threatening to sue me. Will your lawyers sort it out?

No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Nuzzlr, and expressly disclaim any liability for Content uploaded by you or by any other user.

What about the reliability of Nuzzlr and the information contained on it?

The information and Content contained on Nuzzlr is provided by Nuzzlr Group on an "as is", "as available" basis. NUZZLR DOES NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND ABOUT NUZZLR OR THE INFORMATION CONTAINED ON NUZZLR, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF NUZZLR AND THE INFORMATION AND CONTENT AVAILABLE ON IT IS AT YOUR SOLE RISK.

Nuzzlr cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Nuzzlr is free of viruses or other harmful components. You accept that Nuzzlr will not be provided uninterrupted or error free, that defects may not be corrected or that Nuzzlr, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Nuzzlr is not responsible for any damage to your computer or device hardware, software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

11. Limitation of Liability

Nothing in the Terms limits or excludes our liability for:

• death or personal injury caused by our proven negligence;
• our fraud or fraudulent misrepresentation; or
• any liability which cannot be limited or excluded by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, NUZZLR GROUP EXPRESSLY EXCLUDES, DISCLAIMS AND SHALL NOT BE LIABLE FOR:

ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING INCLUDING NEGLIGENCE), OR ANY CLAIMS, CHARGES, DEMANDS, LIABILITIES, LOSSES OR EXPENSES ARISING OUT OF LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, WASTED MANAGEMENT OR OFFICE TIME, BREACH OF CONTRACT OR CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF NUZZLR GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF NUZZLR.

IN NO EVENT WILL NUZZLR GROUP'S TOTAL LIABILITY TO YOU IN RESPECT OF NUZZLR AND ANY LOSSES ARISING UNDER OR IN CONNECTION WITH YOUR USE OF NUZZLR OR THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE) EXCEED THE GREATER OF (I)$50 USD, OR (II) THE AMOUNTS PAID BY YOU TO NUZZLR GROUP DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.

12. Indemnity

If we are sued as a result of your use of Nuzzlr then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

To the fullest extent permitted by applicable law, you agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable attorneys' fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Nuzzlr, your interactions with any other users of Nuzzlr, the uploading or submission of Content to Nuzzlr by you or your conduct, your violation of any law or of any rights of any third party, and/or any other negligent or willful misconduct by you ("Claim"). Nuzzlr retains 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.

13. Procedures for Making Claims of Infringement

Nuzzlr Group has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA") of the United States. If you believe any Content on Nuzzlr infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") to Nuzzlr Group's Copyright Agent as identified below, including the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to Nuzzlr Group's Copyright Agent at: [your copyright email] or Nuzzlr, attn: DMCA Takedown Notice, [your US mailing address].

14. Dispute Resolution

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT") CAREFULLY. UNLESS YOU OPT OUT IN THE MANNER DESCRIBED IN SECTION 14(10) BELOW, THIS ARBITRATION AGREEMENT REQUIRES YOU AND NUZZLR GROUP TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, AND LIMITS THE MANNER IN WHICH WE MAY SEEK RELIEF FROM EACH OTHER.

1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and the Nuzzlr Group arising out of or relating to the Terms, prior versions of the Terms, your use of our App, these Terms or any other aspect of your relationship with Nuzzlr, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and the Nuzzlr Group agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except (i) that you or the Nuzzlr Group may assert individual claims in small claims court if your claims qualify; (ii) that you or the Nuzzlr Group may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.
2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and the Nuzzlr Group agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. Notice to the Nuzzlr Group must be sent by letter to our registered agent: [Your registered agent name and address], and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Nuzzlr account (if different from your current information); and describe the nature of the claim and the specific relief being sought.
   
   You and the Nuzzlr Group agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
   
   All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
   
   The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.
   
   Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
3. How Do You Start The Arbitration Process? If you and the Nuzzlr Group are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or the Nuzzlr Group must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or the Nuzzlr Group), your or Nuzzlr Group's mailing address, the email address or phone number associated with your Nuzzlr account (if applicable), and a detailed description of the dispute and the relief sought. Notice to the Nuzzlr Group must be submitted to our registered agent: [Your registered agent name and address].
4. What Are The Rules Of Arbitration? The Federal Arbitration Act ("FAA") governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that issue shall be determined by the laws of the state in which you reside, notwithstanding choice-of-law principles. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at: https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider's rules.
5. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) the enforceability of any or all of the mass arbitration procedures set forth in Section 14(8), (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under Section 14(4).
   
   The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual lawsuit under applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have in an individual lawsuit. The award of the arbitrator is final and binding upon you and us.
6. No Jury Trials. By agreeing to arbitration, YOU AND NUZZLR ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and the Nuzzlr Group are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 14(1) above. An arbitrator can award the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
7. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND THE NUZZLR GROUP GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING.
8. Mass Filings. If, at any time 30 or more similar demands for arbitration are asserted against Nuzzlr or related parties by the same or coordinated counsel or entities, or if the Nuzzlr Group asserts 30 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity ("Mass Filing"), the additional protocols set forth below shall apply.
9. Opt-Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: [your opt-out email], within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your Nuzzlr username (if any), the email address and/or phone number you used to set up your Nuzzlr account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms and any other agreements between you and Nuzzlr will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
11. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Nuzzlr has ended.

15. Miscellaneous

The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [your state], without reference to conflicts of law principles. The United Nations Convention on Contracts for the International Sales of Goods does not apply to these Terms. In the event there is a discrepancy between this English language version and any translated copies of these Terms, the English version shall prevail.

We reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change, and/or require you to consent to such Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms, you must stop using Nuzzlr immediately. Your continued use of Nuzzlr following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of Nuzzlr and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms.

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Nuzzlr Group's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Where Nuzzlr Group requires that you provide an e-mail address, you are responsible for providing Nuzzlr Group with your most current e-mail address. In the event that the last e-mail address you provided to Nuzzlr Group is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Nuzzlr Group's dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

The communications between you and Nuzzlr Group may take place via electronic means, whether you use Nuzzlr or send Nuzzlr Group emails, or whether Nuzzlr Group posts notices in Nuzzlr or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Nuzzlr Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nuzzlr Group provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

You represent and warrant that:

• you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
• you are not listed on any U.S. Government list of prohibited or restricted parties.

By using Nuzzlr, you agree and acknowledge that Nuzzlr is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Nuzzlr, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

If you are a California Resident the following applies to you: In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Nuzzlr is not a marriage broker. It is a free-to-use app that empowers all people to build connections by authentically expressing who they really are and what they really want.

16. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download Nuzzlr from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to Nuzzlr and the Third Party Store. You acknowledge and agree that:

• These Terms are concluded solely between you and the Nuzzlr Group and not with the providers of the Third Party Store, and the Nuzzlr Group (and not the Third Party Store providers) is solely responsible for Nuzzlr and the content thereof. To the extent that these Terms provide for usage rules for Nuzzlr which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain Nuzzlr, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
• The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to Nuzzlr. The Nuzzlr Group is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to Nuzzlr, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nuzzlr Group.
• The Nuzzlr Group, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to Nuzzlr or your possession and/or use of Nuzzlr, including, but not limited to: (i) product liability claims; (ii) any claim that Nuzzlr fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
• The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained Nuzzlr will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.