@HUMANIFIED

Terms

Thank you for visiting Humanified!

Humanified’s Terms and Conditions

Humanified’s Terms and Conditions of Use (these “Terms”). This is a contract between you and the Humanified App. Limited and we want you to be aware of yours and our rights before you use the Humanified application (“App”). Please take some time to read these Terms before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms!

 

1. Basic Terms
Before you can use our App, you will need to register for an account (“Account”). In order to create an Account you must:

  • have an E-mail or Facebook account
  • be at least 13 years old;
  • If you create an Account, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, relationship status, location and information about Facebook friends). For more information about what information we use and how we use it, please check out our Privacy Policy.
  • You cannot use another user’s Account without their  permission.
  • You can delete your Account at any time by going to ‘Account Options’ on your profile screen of your Account when you are logged in, and clicking on the ‘Close My Account’ button. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you return. Humanified reserves 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.

2. Content

Humanified is positive and supportive public space
We want Humanified to be a positive communicating space, but we have to impose restrictions on certain content that:

  • contains 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 or encourages 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 offence;
  • is defamatory or libellous;
  • 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”;
  • contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Peanut 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 which was created or distributed without that person’s consent.

We don’t tolerate bad behavior on Humanified. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. Email us at **. Accounts may be deleted if failure to act accordingly.

3.General Conditions

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

  • We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  • We reserve the right to refuse access to the Service to anyone for any reason at any time.
  • We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  • You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Humanified  is not responsible or liable for the conduct of any user.
  • There may be links from a Third Party Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in  Challenges, images or comments within the Service.  Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature.  Humanified does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Humanified is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
  • You agree that you are responsible for all data charges you incur through use of the Service.

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

6. Push notifications and  location-based features
We may provide you with emails,  push notifications, alerts and other messages related to the App and/or the Humanified services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

The App may allow access to or make available opportunities, challenges and causes available for you to view other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

7. Disclaimer
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. HUMANIFIED IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

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

  • any negligent acts, omissions or wilfull misconduct by you;
  • your access to and use of the App;
  • the uploading or submission of Content to the App by you;
  • any breach of these Terms by you; and/or
  • your violation of any law or of any rights of any third party.

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

12. About us
Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of The United States of America. By using the App, you are consenting to the exclusive jurisdiction of the courts of The United States of America. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.