Last revised on May 24, 2018
Welcome to Just She, the service for single adults to meet each other online.
By accessing the Just She service through a mobile application (the "Service"), you agree to be bound by these
Terms of Use (the "Agreement"). If you wish to become a member and make use of the Service, please read these Terms
of Use. Note that the term "Service" is deemed to refer to using of the Just She service by means of a mobile
application.
You should also read the Just She Privacy Policy, which is incorporated by reference into this Agreement and
available on the website. If you do not accept and agree to be bound by all of the terms of this Agreement,
including the Just She Dating Privacy Policy, do not use the Service. Please contact us with any questions
regarding this Agreement.
1. Acceptance of Terms of Use Agreement.
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This Agreement is an electronic contract that establishes the legally binding terms you must accept to use
the Service and to become a "Member." For purposes of this Agreement, the term "Member" means a person who
provides information to the Service or participates in the Service in any manner, whether such person uses
the Service as a free member or a subscriber. You acknowledge and agree that Members of Just She may be
a part of the online community that includes other services (the "Services") owned by the Avanta Inc. Company or its
affiliates. Therefore, profiles on the Service may be viewable on other such Services and paying subscribers
of one Service may be able to communicate with other paying and non-paying subscribers on all Services.
This Agreement includes (i) Privacy Policy, (ii) Dating Safety Tips published and (iii) terms disclosed and
agreed to by you if you become a subscriber or if you purchase or accept additional features, products or
services we offer in the Service, such as state-specific terms and terms governing features, billing, free
trials, discounts and promotions.
- By using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or
referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please
print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please
contact us at support@justshe.me. This Agreement may be modified by the Company from time to time, such
modifications to be effective upon posting by the Company on the website.
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You consent to receive this Agreement in electronic form through the Service and also by email. To withdraw this consent, you
must cease using the Service and terminate your account.
2. Eligibility.
You must be at least 18 years old to access and use the Service. You must also be single or separated from your
spouse to use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you
represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have
never been convicted of a felony and that you are not required to register as a sex offender with any government
entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside
of the United States, you are responsible for complying with the laws and regulations of the territory from which
you access or use the Service.
3. Membership and Subscription.
You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services
available within the Service. To access or use additional features and services, including the ability to
communicate with other Members that are subscribers, you must become a paying subscriber to the Service. The
subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement.
Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use
all the features and services available within the Service. Members will not be able to use the Service to communicate with you. A Member profile (both subscribers and
non-subscribers) may remain posted on the Service even if that Member is not actively using the Service. You
acknowledge that although a Member's profile may be viewed, you may not (even as a subscriber) be able to use the
Service to communicate with that Member if he or she is not then actively using the Service.
The app is free to download and use. We also offer an optional subscription package. Subscription Service Conditions:
If you choose to subscribe, simply select one of the subscription packages (at $39.99 per 1 month, $59.99 per 3
months, $79.99 per 6 months or $99.99 per 1 year) whichever you have selected take a note that the number of offered
subscription plans can vary depending on the location. Payment will be charged to your iTunes/Play Market Account or
Credit card/Paypal account at confirmation of purchase. Your subscription automatically renews unless auto-renew is
turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within
24-hours prior to the end of the current period. You can manage your subscription and switch off the auto-renewal by
accessing your Account Settings after purchase. You cannot cancel the current subscription during the active
subscription period. Any unused portion of a free trial period, if offered, will be forfeited if you purchase a
subscription to that publication.
4. Term and Termination.
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This Agreement will remain in full force and effect while you use the Service and/or are a Member.
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You may cancel your membership at any time, for any reason.To cancel the subscription on your device, open
the Apple App Store or Google Play Market depending on the device your use, find the section "Subscription"
and choose to cancel it. If you purchased your VIP subscription using your Credit Card or PayPal payment
system, you can cancel your subscription directly through the application account settings in the section
“Edit Basic Information”.
You may cancel your subscription at any time by sending the Company written notice of cancellation by email
support@justshe.me. If you cancel your membership via the Service, we may ask you to provide a reason for
your cancellation. If you cancel your subscription, the Company requires a reasonable amount of time to
process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your
then-current subscription commitment, following which your subscription benefits will expire. However, in no
event will you be eligible for a refund of any portion of the subscription fees paid for the then-current
subscription commitment. If you paid for your subscription using a multi-payment option, you must make all
payments even if you cancel your subscription prior to the end of your then existing subscription commitment
period.
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Canceling a subscription does not automatically cancel your membership. If you are a subscriber and you cancel
your subscription but not your membership, unless you elect to hide your profile, you will continue to be a
Member in the Service and others may view your profile. If you hide your profile, other Members will not be able
to view your profile until you "unhide" your profile. If you cancel your membership, your profile will be
removed, and other Members will not be able to view your profile. A Member can hide his or her profile or cancel
his or her membership and remove their profile at any time by following "Account Settings" page of the Service.
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The Company may terminate or suspend your subscription and/or membership in the Service at any time without
notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you
will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription
amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be
prohibited by law from disclosing, the reason for the termination or suspension of your account.
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After your membership or subscription is terminated for any reason, all terms of this Agreement survive such
termination, and continue in full force and effect, except for any terms that by their nature expire or are
fully satisfied.
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Just She offers you the opportunity to buy a VIP subscription. Just She VIP includes various benefits, such as
sending unlimited messages, unlimited likes, unlimited gifts, seeing who’s interested in you and who viewed your
profile, and other opportunities. Just She VIP can be purchased after you register, and you may subscribe to
subscription plans for various lengths of time. Once you have paid for any VIP subscription, it is
non-refundable.
5. Non-commercial Use by Members.
The Service is for personal use only. Members may not use the Service in connection with any commercial endeavors,
such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or
(ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of
the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any
other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the
Service for any purpose. The Company may investigate and take any available legal action in response to illegal
and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the
Service.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the
registration process, and you are solely responsible for all activities that occur under your username and password.
You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or
any other breach of security, and ensure that you logout from your account at the end of each session.
7. Your Interactions with Other Members.
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YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY
DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO
THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE
MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS
SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
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The Company is not responsible for the conduct of any Member. As noted in and without limiting Sections 16 and
18 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for
any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential,
and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of
the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other Members or persons you meet through the Service. You agree
to take all necessary precautions in all interactions with other Members, particularly if you decide to
communicate off the Service or meet in person, or if you decide to send money to another Member. In addition,
you agree to review and follow the Company's Safety Tips prior to using the Service. You understand that the
Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals
you meet through the Service. You should not provide your financial information (for example, your credit card
or bank account information), or wire or otherwise send money, to other Members.
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To help our users understand how the Service works, how to communicate, exchange information, buy a
subscription, as well as how to use the full range of Service's features, we have create nominal users.
These users allow us to enlarge our base using incoming requests and to collect statistics that might be
used for a marketing research, analysis of the level of customer satisfaction, the quality of performance
and/or for checking the compliance with the Term of Use.
We can also use the profile information as part of our marketing research to analyze customer's preferences,
trends, behavioral models, information about the existing and potential clients.
You agree and accept the fact that some of the existing profiles that you communicate with can be nominal
users. These profiles help us improve the work of the Service, make a better selection of potential matches
for our users, give them an opportunity to learn how the Service works, what services it provides and
encourage them to participate in the work of the Service on a full basis. Messages that are sent from
nominal users are aimed at communication modeling. Thus, after the purchase of the subscription, users will
have the experience that will help and encourage them to maintain contact with a large number of other real
users.
You also agree and accept the fact that the description, photos, and any other information found in these
profiles are added mainly to entertain and help you understand how our Service works. These profiles can
initiate communication and send winks, view your profile and send virtual gifts.
These nominal profiles exchange messages only with Members, not with our Subscribers. Our Subscribers
communicate only with real people. Member receive computer-generated messages from nominal users. These
profiles are similar to the profiles of real users.
Interaction preferences for nominal users can be set here.
You understand, accept and agree with everything described above.
8. Proprietary Rights.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names,
service marks and other intellectual property rights related thereto. The Service contains the copyrighted material,
trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify,
transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material,
trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through
the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by
the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or
otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other
intellectual property notices.
9. Content Posted by You on the Service.
- You are solely responsible for the content and information that you post, upload, publish, link to, transmit,
record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members,
including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text,
whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Service or
as part of the Service, or transmit to the Company or any other Member, any offensive, inaccurate, abusive,
obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal
material, or any material that infringes or violates another person’s rights (including intellectual property
rights, and rights of privacy and publicity). You represent and warrant that all information that you submit
upon registration is accurate and truthful and that you will promptly update any information provided by you
that subsequently becomes inaccurate, misleading or false.
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You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post
on the Service or as part of a Service. The Company may delete any Content, in whole or in part, that in the
sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
The Company may restrict the number of emails which a Member may send to other Members in any 24-hour period to
a number which we deem appropriate in our sole discretion.
- By posting Content on the Service or as part of the Service, you automatically grant to the Company, its
affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right
and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the
Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii)
grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and
warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any
third party.
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In addition to the types of Content described in Section 9(a) above, the following is a partial list of the
kind of Content that is prohibited on the Service. You may not post, upload, display or otherwise make
available Content that:
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that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- advocates harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Service;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or
"spimming", "phishing", "trolling" or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is
defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or
video files;
- contains video, audio, photographs, or images of another person without his or her permission (or in the
case of a minor, the minor’s legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or
from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits
personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or
drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes,
components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or
entity;
- provides information or data you do not have a right to make available under law or under contractual or
fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to
type, or otherwise negatively affects - solicits passwords or personal identifying information for
commercial or unlawful purposes from other users or disseminates another person’s personal information
without his or her permission;
- publicizes or promotes commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, and pyramid schemes.
- The Company reserves the right, in its sole discretion, to investigate and take appropriate legal action against
anyone who violates this provision, including removing the offending communication from the Service and
terminating or suspending the membership of such violators.
- Your use of the Service, including all Content you post through the Service, must comply with all applicable
laws and regulations. You agree that the Company may access, preserve and disclose your account information and
Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is
reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to
claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service
or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the
Company or any other person.
- You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your
Member profile that may be viewed by other Members. You agree that any Content you place on the Service to be
viewed by other Members may be viewed by any person visiting the Service or participating in the Service.
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The Company reserves the right to reject or recrop photos as needed in order to provide high-quality service.
Your photos will appear on the site after they are approved by our Administration. Please, find our photo
requirements below:
- Pictures that take up less than 50% of the allotted space or are fuzzy or unclear are not permitted.
- Group pictures are only accepted if there is at least one picture of the member already uploaded and
this picture clearly shows the member's face.
- Photos, containing nudity, sheer/see-through clothing, sexuality may only be posted as Private.
- Drawings, caricatures or other illustrations, copyrighted images, celebrity photos will be rejected.
- Photos, containing identifying information (ie: license plates, email or web addresses, visible street
address numbers, etc.) are not accepted.
- Photos, displaying illegal acts or violence will be rejected.
- Minors alone in photos (without an adult included) are not permitted.
- Photos must be faced upright.
- Photos must be clear, free from shadows or specks;
10. Prohibited Activities.
The Company reserves the right to investigate and/or terminate your membership if you have misused the Service or
behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off
the Service but involve Members you meet through the Service. The following is a partial list of the type of actions
that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any Members.
- post any Content that is prohibited by Section 9.
- "stalk" or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company without our specific prior written
consent.
- ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation
of the Service or its contents.
- collect usernames and/or email addresses of members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks connected to the Service.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted
to or through the Service (either directly or indirectly through use of third party software).
- "frame" or "mirror" any part of the Service without the Company's prior written authorization.
- use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark,
trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any
purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any
portion of the Service or any software used on or for the Service, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any
content or information obtained from the Service other than solely in connection with your use of the Service in
accordance with this Agreement.
11. Customer Service.
The Company provides assistance and guidance through its customer care representatives. When communicating with our
customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive,
obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave
inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality
assurance purposes. If we feel that your behavior towards any of our customer care representatives or other
employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and
you will not be entitled to any refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
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The Company bills you through an online account (your "Billing Account") for use of the Service. You agree to
pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons
(including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment
provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method.
The Company may correct any billing errors or mistakes that it makes even if it has already requested or
received payment. This Section 12 includes any agreements you made with the Company on the Website when becoming
a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may
be determined by agreements between you and the financial institution, credit card issuer or other provider of
your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment
Method, the Company may in its discretion terminate your account immediately. If the Company successfully
disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your
account or subscription reinstated.
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Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment
period, and again after any subsequent subscription period, your subscription will automatically continue for an
additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be
subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until
the end of your then-current subscription term; your subscription will not be renewed after your then-current
term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid
for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment
Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to
charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of
your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay
all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or
suspend your subscription and continue to attempt to charge your Payment Method provider until payment is
received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your
new subscription commitment period will begin as of the day payment was received).
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You must provide current, complete and accurate information for your Billing Account. You must promptly update
all information to keep your Billing Account current, complete and accurate (such as a change in billing
address, card number or expiration date), and you must promptly notify the Company if your Payment Method is
canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of
security (such as an unauthorized disclosure or use of your name or password). Changes to such information can
be made at "Account Settings" on the Service. If you fail to provide the Company any of the foregoing
information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you
authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as
provided by your credit or debit card issuer.
13. Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the
Company reserves the right at any time in its sole discretion to block users from certain IP addresses from
accessing the Service.
14. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting
the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description
must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
- your address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of
copyright infringement should be provided to the Company’s Copyright Agent at support@justshe.me. The Company
will terminate the accounts of repeat infringers.
15. Communications and Test Profiles.
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional
or relationship communications relating to the Service, such as administrative notices and service announcements or
changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
Please see the Company’s Privacy Policy for more information regarding these communications. The Company reserves
the right to provide additional features for new Members in order to boost their popularity on the service. When you
become a Member you agree that the Company can send automatic notifications from your profile to other members
according to our matchmaking system results. From time to time, employees of the Company (or its parent or
affiliated companies) may create test dating profiles for the purpose of testing the functionality of the Service to
improve service quality for our Members. Telephone calls between you and our customer care representatives may be
recorded for quality assurance purposes.
16. Disclaimers.
- You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible
for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury
or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the
Service or provided in connection with the Service, whether caused by Members or any of the equipment or
programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect
delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether
online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration,
delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member
communications; or (v) any problems, failure or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any website or combination thereof,
including injury or damage to Members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Internet and/or in connection with the Service. TO
THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE
SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES
NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR
ERRORS IN THE SERVICE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR DEVICE SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION
OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION
OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
- From time to time, the Company may make third party opinions, advice, statements, offers, or other third party
information or content available through the Service. All third party content is the responsibility of the
respective authors thereof and should not necessarily be relied upon. Such third party authors are solely
responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SERVICE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE
RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY
MEMBERS.
- In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted
through the Service is for informational and entertainment purposes only and is not intended to replace or
substitute for any professional financial, medical, legal, or other advice. The Company makes no representations
or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on
any person following the information offered or provided within or through the Service. If you have specific
concerns or a situation arises in which you require professional or medical advice, you should consult with an
appropriately trained and qualified specialist.
17. Links.
The Service may contain or third parties may provide, advertisements and promotions offered by third parties and
links to other websites or resources. You acknowledge and agree that the Company is not responsible for the
availability of such external websites or resources, and does not endorse and is not responsible or liable for any
content, information, statements, advertising, goods or services, or other materials on or available from such
websites or resources. Your correspondence or business dealings with, or participation in promotions of, third
parties found on or through the Service, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you and such
third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance
upon, any such content, information, statements, advertising, goods or services or other materials available on or
through any such website or resource.
18. Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS,
LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF
DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF
THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE
OR BE FOREVER BARRED.
19. Arbitration and Governing Law.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Just She does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
20. Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including
any breach of your representations and warranties contained herein), any postings or Content you post on the Service
or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event
you will fully cooperate with the Company in connection therewith.
21. Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable
means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on
Just She. Such notices may not be received if you violate this Agreement by accessing the Service in an
unauthorized manner. You agree that you are deemed to have received any and all notices that would have been
delivered had you accessed the Service in an authorized manner.
22. Entire Agreement; Other.
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for
particular services or offers, contains the entire agreement between you and the Company regarding the use of the
Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full
force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all
of your rights to your profile or contents within your account terminate upon your death. No agency, partnership,
joint venture or employment is created as a result of this Agreement and you may not make any representations or
bind the Company in any manner.
23. Amendment.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member at the time of
any change, the revised terms will be effective upon posting on Just She and your use of the Service after such
posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of
any change, the then-existing Agreement will continue to govern your membership until such time that you renew your
subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute
acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use
of the Service after your termination will constitute acceptance by you of the Agreement.
How to contact us
If you have any questions about this Terms of Use, please contact us.
By email: support@justshe.me
By post:
Avanta Inc.
1470 Civic Court
Ste 309
Concord, CA 94520
United States