LUCK’s Terms of Service
Last Revised: November 13, 2016
LUCK is an online dating app that matches users to each other based on their geographic vicinity. Users are given three options to express their interest in other users: 1) swipe left if a user is not interested, 2) swipe right if they are interested in a serious relationship and 3) swipe down if they are interested in a casual relationship. If two users both swipe right or both swipe down on each other, they will be connected and allowed to chat with each other.
2) Eligibility. This Service is only available for individuals 18 years or older who are located in the United States. All users must be at least 18 years old and located in the United States in order to register for the Service. Users who attempt to log in or sign up with a Facebook account that doesn’t meet these eligibility requirements will be denied access to the Service. However, the Service makes no guarantees that another user’s age is accurate or guarantees that you will be able to use the Service in any particular location within the United States. Any use of the Service by any user under 18 or any user outside of the United States is prohibited, and the Company reserves the right to delete any account reported to be in violation of these eligibility requirements. By using the Service, you represent and warrant that you are 18 or older, that you are located in the United States, and that you have the capacity to lawfully enter into this Agreement and to abide by all of its terms. If you create an account, 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. Any use of this Service is void where prohibited.
a) Photos. If you delete your account, please be aware that while your photos will no longer be accessible or viewable to other users through the app, excluding users who have already downloaded your account information onto their device, your photos may remain on the app’s servers for up to 30 days. Further, should you remove any photo while using the app, the photos will no longer be accessible or viewable to other users through the app, excluding users who have already downloaded your account information onto their device, but may remain on the app’s servers for up to 30 days. You understand that by posting any photo to the Service, you run the risk that this photo may be publicly-viewable and accessible, both by users of the Service and non-users of the Service. You post any photo on the Service, whether through your profile or interactions with any user, at your own risk.
b) Search Engines. Your account information and anything you post or otherwise make available on the Service may be indexed or cached by search engines. Even if you delete your account or remove the information from your profile, copies of that information may still be publicly-viewable and accessible. You post or otherwise make available any information on the Service, whether through your profile or interactions with any user, at your own risk.
c) Backup Copies. Deleted information may persist in backup copies of the Service’s data to enable restoration of the Service. These backup copies will not be publicly-viewable or accessible unless they are used to restore the Service. In the event that the Service is restored from a backup copy, your deleted information may be restored and become publicly-viewable and accessible, both by users of the Service and non-users of the Service. You understand that anything you post or otherwise make available on the Service may be publicly-viewable and accessible even after you delete it.
5) Location Services. The Service matches users based on their geographic vicinity to other users. In some instances, the app will show the distance between you and other users and allow other users to see the distance between them and you. The app will request permission from you to access your location through your device. If you deny the app permission to use your location, you will be unable to search for other users. Whether you grant the app permission to use your location or not, other users may be able to search for you. If you give the app permission to use your location, your location will be stored in the Service’s database and will update as necessary. To protect users, the app will, prior to saving a user’s location to the database, randomize it to a location that’s within a certain radius of the user’s actual location. Given this randomization, the Company makes no guarantees that the distance information and distance-based search results provided in the app are accurate. However, the Company makes no guarantees that the randomized location of a user is not the exact location of the user as the randomized location may, by chance, be the actual location. In addition to your location, the Service will also store in its database the geographic region you are currently using the app in. These geographic regions may be a city, metropolitan area, state, or other geographic area. The app’s location service should not be used as an emergency locator system.
6) Non-commercial Use by Users. This Service is for personal use only. You may use this app for only the purposes expressly permitted by the Service. Users may not use the Service or any content contained in the Service (including but not limited to graphics, images, video, logos, software, computer code, and content of other users) in connection with any commercial activities such as advertising or soliciting any user to buy or sell products or services or soliciting others to attend events or social functions for commercial purposes whether in the app or in other ways. Users may not contact users for commercial purposes using the Service. Companies and/or organizations may not use the Service for any purpose without express permission. The Company may investigate and take any available legal action, including without limitation, civil, criminal, and injunctive redress, in response to illegal and/or unauthorized uses of the Service.
7) Account Security. You are responsible for maintaining the confidentiality of your login information. You are responsible for any and all activities that occur under your account. You agree to notify the Company of any disclosure or unauthorized use of your account or any other breach of security at email@example.com within 30 days of the occurrence of the breach.
8) Your Interactions with Other Users.
a) You are solely responsible for your interactions with other users. The Company does not conduct any criminal background check or any screening of its current or future users. The Company does not inquire into the backgrounds of the users or verify any statements made by any user. The Company makes no representations or warranties as to the conduct of any user or users’ compatibility with other users, now existing or in the future. The Company makes no guarantees regarding the accuracy or truthfulness of any statements or any information in users’ profiles. ALL USERS SHOULD USE EXTREME CAUTION BEFORE SHARING PERSONAL INFORMATION WITH OTHER USERS AND INTERACTING WITH USERS OUTSIDE OF THE SERVICE. If any user harasses you, please report them by tapping the Warning Button on the top right hand corner of either the user’s profile or the chat you’re communicating in and selecting the report option. You may also need to contact local law enforcement regarding any harassment or use of your personal information.
b) The Company is not responsible for the conduct of any user. As noted in this Agreement, in no event shall the Company, its officers, members, affiliates, agents or 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 users or persons you meet through the Service.
c) You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate with other users off the Service or meet in person, or if you decide to send money to another user. ALL USERS SHOULD USE EXTREME CAUTION WHEN INTERACTING WITH OTHER USERS OUTSIDE OF THE SERVICE. You understand that the Company makes no guarantees regarding your compatibility with individuals you meet through the Service or the accuracy or truthfulness of any statement made by any user. You should not provide personal financial information to other users.
9) Proprietary Rights. The material and content accessible from this application (the “Company’s Content”) is the proprietary information of the Company or the party that provided or licensed the Company’s Content to the Company, whereby such providing party retains all right, title, and interest in the Company’s Content. Accordingly, the Company’s Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company. Users may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Company’s Content. Modification or use of the Company’s Content except as expressly provided in these Terms of Service violates the Company’s intellectual property rights. Neither title nor license to use any intellectual property rights are transferred to you by use of this Service. The LUCK iOS client app contains third party software. Licensing information for such software is provided under Licensing Information located in the application’s App Settings menu.
10) Content Posted by You in the Service.
a) You are solely responsible for the content and information you post or otherwise make available on the Service and send to other users whether via your public profile, the in-app chat feature, text messages, videos, photos, or anything else you post in the app whether publicly or through private message (“Content”). You represent and warrant that all the information you submit in creating your account, including information culled from your Facebook profile, is accurate and truthful. You will promptly update any information submitted by you that subsequently becomes inaccurate, incomplete, misleading, or false. You represent and warrant that you have the right to post the Content on the Service and grant the licenses described below.
b) You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of the Service. The Company may delete any Content that the Company finds violates this Agreement for whatever reason.
c) You hereby grant the Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content. You further grant and authorize sublicenses of your Content in any media now known or hereafter created. You represent and warrant that any posting by you and use of your Content by the Company will not infringe or violate the rights of any third party, including but not limited to intellectual property rights or publicity and/or privacy rights. Should you not agree to this license, please do not post your Content to the Service.
d) If you contact the Service or the Company either through the Contact Us feature or any email address posted on the Service or its website, you agree that any communication is gratuitous, unsolicited, and without restriction. You will be owed no compensation if you submit an idea or feedback to the Company, and you agree that the Company and the Service have the right to use such feedback and related information in any manner it deems appropriate. The Company will treat any feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
e) Links may be posted in the Service from time to time. The Company and Service do not endorse any such linked sites or any services or products provided in them. With regard to information, material, products or services in linked sites, the Company and Service make no guarantees or warrantees regarding their content. You are responsible for accessing any linked site and do so at your own risk.
f) In addition to the types of Content prohibited above, the following is a partial list of Content that is prohibited in the Service. Posting of prohibited Content may result in your account being terminated or suspended. You may not post Content that:
i) you do not have the right to post, including proprietary material of any third party, such as files or materials protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
v) harvests or otherwise collects information about others, without their consent;
vi) violates any law or may be considered to violate any law;
vii) impersonates or misrepresents your connection to any other entity or person;
viii) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source material;
ix) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise solicits in any commercial activity except as may be specifically authorized;
x) solicits funds, advertisers or sponsors;
xi) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy, access without authorization, or limit the functionality of any computer software or hardware or telecommunications;
xii) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Service;
xiii) amounts to “spam”, including contests, chain letters, and surveys;
xiv) contains links to other sites that contain content that falls within the descriptions set forth above.
g) The Company reserves the right, in its sole discretion, to monitor use of the Service and investigate and take any legal action against anyone who posts prohibited Content, including removing the offending Content and terminating or suspending the violators’ accounts.
h) You represent and warrant that your use of the Service, including all Content you post on the Service, complies 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 to comply with any legal process, enforce this Agreement, respond to any intellectual property infringement complaints, or protect other property rights or personal safety of the Company or any other person.
i) You understand that any Content you post or otherwise make available on the Service may be publicly-viewable and accessible, both by users of the Service and non-users of the Service.
11) Prohibited Activities. In addition to posting any prohibited Content, the following activities may cause your account to be terminated or suspended at the sole discretion of the Company. The prohibited activities include but are not limited to the following:
a) Impersonating any individual or entity;
b) Soliciting money or financial information from users;
c) Stalking or otherwise harassing another user;
d) Using the Service in an illegal manner or to commit an illegal act;
e) Using any robot, spider, or any other means to retrieve, index or data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its Materials (defined below);
f) Interfering with or disrupting the Service or the servers or networks connected to the Service;
g) Transmitting 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;
h) Modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or any software used on or for the Service, or cause others to do so;
i) “Framing” or “mirroring” any part of the Service, without the Company’s proper written consent; and
j) Accessing the Service in a jurisdiction in which it is illegal or unauthorized.
12) Copyright Policy, Copyright Infringement, and Digital Millennium Copyright Act Compliance.
a) Company. The Company owns and operates the Service. The LUCK software, content, graphics, logos, designs, compilations, computer code, and all other elements of the Service (collectively “the Materials”) are protected by United States copyright, trade dress, trademark laws and any and all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of the Company, except where explicitly disclaimed. All trademarks and/or service marks displayed in the Service are owned by the Company. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
b) Third Party Licenses. The LUCK iOS client app contains third party software. Licensing information for such software is provided under Licensing Information located in the application’s App Settings menu.
c) Infringement. You agree that you will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or any other proprietary information on the Service without the written consent of the owner of such rights. The Company reserves the right to terminate the accounts of any offenders. If you believe that your work has been copied and posted on the Service in a way that infringes your copyright or otherwise violates your intellectual property right, please submit a report to the Company’s Designated Copyright Agent at firstname.lastname@example.org. All such infringement claims will be handled by the Company and are not the responsibility of Apple. Please refer to the Digital Millennium Copyright Act for more information. Please include in your report the following:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and contact information.
ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
iv) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v) A statement that the complaining party has 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.
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13) Disclaimers. You acknowledge and agree that neither the Company nor its affiliates, officers, members, agents, or third party partners are responsible for or 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 1) any changes to or discontinuations of any or all features of this Service; 2) incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; 3) the timeliness, deletion or removal, or incorrect delivery of or failure to store any Content, communications, or personal settings; 4) the conduct, whether online or offline, of any user; 5) 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 user communications; or 6) 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 user’s or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
You understand that the Company cannot and does not guarantee or warrant that information provided by other users is truthful or accurate. You understand that the Company cannot and does not guarantee that any Content posted by other users or linked to by other users will be free of viruses, worms, Trojan Horses, or other harmful content. The Company does not assume any responsibility for your use of the Internet. Additionally, the Company will not be liable for the unauthorized use of your Content by others or the posting of any of your Content on the Service or elsewhere or on any other Internet site. If you believe your content has been infringed upon, please refer to Section 12(c).
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE CONTENT, YOURS OR THE COMPANY’S, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR ANY CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR PERMANENT, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICE OR ITS CONTENT.
THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF ANY CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information on the Service, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Service, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Service if it is not, or is no longer accurate or complete.
14) Limitation on Liability. THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, THIRD PARTY PARTNERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION, OR BREACHES OF DATA OR PROGRAMS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, THIRD PARTY PARTNERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. 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.
15) Governing Law. This Agreement will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and the Company or Service arising out of this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Travis County, Texas.
16) Indemnity by You. You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, members, third party partners, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of the Service or any Content other than as expressly authorized in this Agreement, or your use of the Service to meet another user in-person. You agree to indemnify, defend, and hold the Company and any affiliates harmless related to any misuse of the location information or the Service generally, any violation of the rights of any other person or entity by you, or your use of the Service to meet another user in-person or to locate and attend any offline place or event. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Service or any information accessed from the Service.
17) Notice. The Company may provide notice to you, including notice of changes to this Agreement, by posting updates to www.luckapp.co or through push notifications. Further, you will be notified of any changes to this Agreement as listed with any new changes when you update the app. 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. You also understand that there is no guarantee that push notifications will always be received and will not be received if you decline to receive push notifications for this app. It is your responsibility to check www.luckapp.co for any updates to this Agreement.