Last revised on 14/05/2019
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on gopromenad.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Promenad and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Promenad,
- you are not a person who is barred from using the Service under the laws of the country in which you reside or any other applicable jurisdiction – meaning that you are not included in the list of citizens of special categories and prohibited persons or face any other similar prohibition,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations,
- you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account (Profile)
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Promenad, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact firstname.lastname@example.org.
4. Modifying the Service and Termination
Promenad is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in FAQ in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Promenad may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Promenad: Section 5, Section 6, and Sections 13-20.
5. Safety; Your Interactions with Other Users
Though Promenad strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Promenad's Safety Tips, located on gopromenad.com, prior to using the Service. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You also guarantee that you will not share your contact information with other users (phone number, email, social networks, etc.).
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PROMENAD DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PROMENAD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PROMENAD RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE PROMENAD MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights Promenad Grants You
Promenad grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Promenad and permitted by this Agreement. Therefore, you agree:
- not to use the Service or any content contained in the Service for any commercial purposes without our written consent,
- not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Promenad’s prior written consent,
- not to express or imply that any statements you make are endorsed by Promenad,
- not to use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents,
- not to use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service,
- not to upload viruses or other malicious code or otherwise compromise the security of the Service,
- not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service,
- not to “frame” or “mirror” any part of the Service without Promenad’s prior written authorization,
- not to use meta tags or code or other devices containing any reference to Promenad or the Service (or any trademark, trade name, service mark, logo or slogan of Promenad) to direct any person to any other website for any purpose,
- not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so,
- not to use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent,
- not to use, access, or publish the Promenad application programming interface without our written consent,
- not to probe, scan or test the vulnerability of our Service or any system or network,
- not to encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights you Grant Promenad
By creating an account, you grant to Promenad a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”). Promenad’s license to your Content shall be non-exclusive, except that Promenad’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Promenad would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Promenad can prevent the use of your Content outside of the Service, you authorize Promenad to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices (pursuant to the Digital Millennium Copyright Act violation notice) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Promenad users).
You confirm that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Promenad above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. 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 account.
In consideration for Promenad allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Promenad regarding our Services, you agree that Promenad may use and share such feedback for any purpose without compensating you.
You agree that Promenad 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 (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules
By using the Service, you agree that you will:
- not use the Service for any purpose that is illegal or prohibited by this Agreement,
- not use the Service for any harmful or nefarious purpose,
- not use the Service in order to damage Promenad,
- not violate our Community Guidelines, as updated from time to time,
- not spam, solicit money from or defraud any users,
- not impersonate any person or entity or post any images of another person without his or her permission,
- not bully, “stalk,” intimidate, assault, harass, mistreat or defame any person,
- not post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right,
- not post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
- not post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual,
- not solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission,
- not use another user’s account,
- not create another account if we have already terminated your account, unless you have our permission.
Promenad reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Promenad regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content
Although Promenad reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Promenad cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via email@example.com.
In App Purchases. From time to time, Promenad has the right to offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Promenad (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. 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. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Promenad application from your device. Deleting your account on Promenad or deleting the Promenad application from your device does not cancel your subscription; Promenad will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
If you choose to make a purchase through Promenad, you agree to pay Promenad all charges at the prices displayed to you for the services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Promenad to charge your chosen payment provider (your “Payment Method”). Promenad may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Promenad may terminate your account immediately in its sole discretion.
If you purchase a subscription through Promenad, 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, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Promenad and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method in Promenad or going to “My Profile”. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. 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.
Gifts and other virtual Items. You have the to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Super Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Promenad ceases providing the Service or your account is otherwise closed or terminated. Promenad, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Promenad may manage, regulate, control, modify or eliminate Virtual Items at any time. Promenad shall have no liability to you or any third party in the event that Promenad exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Promenad that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT PROMENAD IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
To request a refund:
- If you subscribed using your Apple ID, refunds are handled by Apple, not Promenad. 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 https://getsupport.apple.com.
- If you subscribed using your Google Play Store account or through Promenad Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Promenad Online (you can find this on your confirmation email). 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 telephone number associated with your account along with your order number.
11. Notice and Procedure for Making Claims of Copyright Infringement
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 us to find the alleged infringing material),
- your contact information, including 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,
- 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 via email to firstname.lastname@example.org.
Promenad will terminate the accounts of repeat infringers.
PROMENAD PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. PROMENAD DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
PROMENAD TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Promenad is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Promenad is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROMENAD, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PROMENAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROMENAD’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PROMENAD FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Guarantee of indemnification and protection from liability on your part
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Promenad, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
16. Entire Agreement; Other