Terms of Service
Last Updated: April 27, 2020
These Terms of Service (this “Agreement”) is between you and Mulu Technology, LLC. (“Kum Neger” “we,” “us,” or “our”). By using our website, located at http://www.kumnegerapp.com (“Website”), our mobile application available on Android and iOS devices (each, our “App”), and/or other services we provide (collectively, the “Services”) you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
1. Some initial things we want to make clear.
While all of these will be discussed in more detail below, we want to make a few important things clear up front:
- You must be at least 18 to use the Services.
- You must be truthful in what you put in your Account.
- We do not conduct background checks or verify the identity of our Users.
- We do not guarantee anything about the Services, including the actions of our Users. We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the Services and communicating with its Users.
- You have a right in some states to cancel this Agreement within 3 business days of registering for a premium account and receive a refund of any payments to us if you do so. Please see Section 20 for more details.
- Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19 below for details, including the procedure for opting out of arbitration.
- You must be at least 18, or older if your jurisdiction requires.You must be at least 18 years old (or, if the age of majority is higher than 18 in your jurisdiction, then the age of majority in your jurisdiction) create an Account and use the Services. By creating an Account and/or using the Services, you represent and warrant that you are at least 18 years old (or the minimum age of majority in your jurisdiction, whichever is greater).
- You must be unattached and available.You may only use the Services if you are willing and capable of entering into a new romantic relationship and do not have an established monogamous romantic partner (“Unattached”).
- You may not have a criminal record.You may not use the Services if you have been convicted of a felony, are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). If any of the foregoing become applicable to you after you have created an Account, you must delete your Account immediately and you may no longer use the Services. We do not conduct criminal background screenings on Users. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
3. Use of the Service
- Your Account is only for you.You may only access and use your Account in accordance with this Agreement and for your personal use to find and communicate with potential dating partners. You may not authorize others to access or use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible from any third party access to your Account, particularly any such access that results from theft or misappropriation of your Account or Facebook account’s login credentials. You agree to immediately notify Kum Neger of any disclosure or unauthorized use of your login credentials at email@example.com.
- Accessing the Services from outside the United States.Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
- You are responsible for any content you submit.You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including the text and images in your profile and in your communications with other Users (“User Content”).
- No contact information in your profile.You agree not to post any contact information such as your phone number and email address in the body of your profile.
4. Changes to Agreement or Services
We may update this Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site and App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then, except as otherwise provided in Section 19(f)“Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. General Prohibitions
You agree not to do any of the following:
- Post, upload, or transmit any User Content that (i) is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of offensively suggestive, inappropriate, or explicit language or confidential, non-public information about any third party; (ii) is threatening, vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains nudity or graphic or gratuitous violence; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy; (vi) contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing); (vii) impersonates any person or entity, including any Kum Neger employees or representatives; or (vii) promotes illegal or harmful activities or substances;
- Collect User Content, personally-identifiable information or any other information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, scrapers, or other means);
- Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
- Bully, intimidate, or harass any User;
- Use, display, mirror or frame the Services or any individual element within the Services, our name, any Kum Neger trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Impersonate or misrepresent your affiliation with any person or entity;
- Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial of service attack, interference with page rendering, or using a program that interferes with other Services functionality; and
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.
6. Content Ownership
- Your license to us of User Content. By submitting any User Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
- Our ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
- Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org or via the functionality of the Services. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. One-Time Payments and Subscriptions
Kum Neger may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, additional matches in a day, or profile picture appraisals.
- General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (defined below)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
- Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the commencement of each Subscription period, using the Payment Information you have provided until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Kum Neger. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with this Agreement.
- Cancelling One-Time Payment or Subscription. Except as explicitly set forth in Section 20 below, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
9. Rights and Terms for Apps
- Rights in App Granted by Kum Neger. Subject to your compliance with this Agreement, Kum Neger grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Kum Neger reserves all rights in and to the App not expressly granted to you under this Agreement.
- Accessing the App from App Store. Certain App Providers require us to pass one certain terms to you. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- This Agreement is concluded between you and Kum Neger, and not with the App Provider, and Kum Neger (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kum Neger.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Kum Neger will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must also comply with all applicable third party terms of service when using the App.
10. Risk Assumption and Precautions
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or any other User Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.
11. No Guarantees
You understand that Kum Neger does not guarantee you any matches, does not guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. You understand that Kum Neger makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.
12. Reporting of Violations; General Contact Info.
If you discover any violation of the Agreement by others, please report it to us at email@example.com. You may also use this address to contact us with any questions you may have about the Services.
13. Third Party Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
14. Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
15. Limitation of Liability
- NEITHER Kum Neger NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Kum Neger OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- IN NO EVENT WILL Kum Neger’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO Kum Neger FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Kum Neger, AS APPLICABLE.
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Kum Neger AND YOU.
You will indemnify and hold harmless Kum Neger and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of this Agreement.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account, deactivate your membership, or put your Account on hold at any time by sending an email to us at firstname.lastname@example.org or via the functionality of the App; deleting your Account is your sole method of terminating this Agreement. Upon termination of this Agreement, the following will survive Sections 3(d),6(c),7,14,15,16,18,19,21, and this sentence of Section 17.
18. Governing Law and Forum Choice
This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Kum Neger are not required to arbitrate will be the state and federal courts located in New York, and you and Kum Neger each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution
- Mandatory Arbitration of Disputes.We each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Kum Neger agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Kum Neger are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
- Exceptions and Opt-out. As limited exceptions to Section 19(a)above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com within thirty (30) days following the date you first agree to this Agreement.
- Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
- If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous.
- Class Action Waiver. YOU AND Kum Neger AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
- Effect of Changes on Arbitration.Notwithstanding the provisions of Section 4“Changes to Agreement or Services” above, if Kum Neger changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Kum Neger’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Kum Neger in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
- Severability. With the exception of any of the provisions in Section 19(e)of this Agreement (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement will still apply.
20. State-Specific Terms
- If you live in certain states, you may cancel this agreement within 3 business days.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, send us dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect to email@example.com:
Please include your Kum Neger email address in any correspondence or your refund may be delayed. If you cancel, Kum Neger will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
- California Users
California Civil Code Section 1789.3 requires us to provide you with the following information: You may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
21. General Terms
- Entire Agreement. This Agreement constitute the entire and exclusive understanding and agreement between Kum Neger and you regarding the Services and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between Kum Neger and you regarding the Services and Content. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without Kum Neger’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Kum Neger may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications provided by Kum Neger under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver of Rights. Kum Neger’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kum Neger. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Last Updated: April 27, 2020
Information we collect and how we collect it:
Information collected automatically:
This information includes:
– Mobile Device ID. Your mobile device’s unique ID number (e.g., IMEI, AD ID).
– Geolocation. With your permission, your mobile device’s geographic location (GPS) when you first register for Kum Neger through our mobile app or when you enable location services within the app.
– Device Information/Specifications. Technical information about your computer or mobile device (e.g., type of device, web browser or operating system, IP address) to analyze trends, administer the site, prevent fraud, track visitor movement in the aggregate, and gather broad demographic information.
– Usage Information. How long and in what manner you use Kum Neger, which services and features you use and any content that you generate through and post on Kum Neger. This includes browsing and search history (including profiles you have viewed). We link your subscriber information with your activity on Kum Neger across all your devices using your email, phone number or similar information.
– Cookies: We and our service providers and business partners use “cookies” to keep track of some types of information while you are visiting Kum Neger or using our services. “Cookies” are very small files placed on your computer, and they allow us to count the number of visitors to our Website and distinguish repeat visitors from new visitors. They also allow us and third parties we work with to save user preferences, track user trends, and advertise to you. We use both session and persistent cookies on our Website; session cookies expire at the end of a particular visit to our Website, while persistent cookies (also called stored cookies) remain active until you disable them through your browser settings, or until a pre-set expiration date. We rely on cookies for the proper operation of Kum Neger; therefore if your browser is set to reject all cookies, Kum Neger may not function properly. Without this information, we will not be able to provide you with all of the requested services, and any differences in services are related to your information.
– Web Beacons: “Web beacons” (also known as “clear gifs” and “pixel tags”) are small transparent graphic images that are often used in conjunction with cookies in order to further personalize Kum Neger for our users, collect a limited set of information about our visitors, and advertise to our users. We may also use web beacons in email communications in order to understand the behavior of our customers, such as whether an email has been opened or acted upon.
Information we obtain from other sources:
Facebook. In order to register with certain Kum Neger apps, you may be asked to sign in using your Facebook login. If you do so, you are authorizing us to access and process certain Facebook account information, including information about you and your Facebook friends who might be common Facebook friends with other Kum Neger users. By allowing us to access your Facebook account, you understand that we may obtain and process certain information from your Facebook account, including your name, email address, birthday, work history, education history, current city, pictures stored on Facebook, and the names, profile pictures, relationship status, and information about your Facebook friends. We only obtain information from your Facebook account that you specifically authorize and grant us permission to obtain.
Other users. Users of Kum Neger may provide us with information about you, including through customer support inquiries.
Information you choose to provide:
Information You Provide to Us. When you register with certain Kum Neger apps, you must provide certain information, including your username and password, email address, zip code, birthday, gender, and gender preference. We will also ask you to upload photos for your profile and may collect any information (including location metadata and inferred characterizations or data) contained in these files. You may provide additional information about yourself (such as your school, occupation, current city, etc.) in order to build your Kum Neger profile. You may also provide “special categories of personal data” under applicable law, such as your race, ethnicity, religion, philosophical or political views, and information relating to your sex life or sexual orientation. By affirmatively providing Kum Neger with this information, you explicitly consent to our use of it for the purpose of fine tuning your match criteria with other bagels. Any information that you provide in the non-personal identifiable section of your profile will be viewable by your match. When using Kum Neger, you may also provide payment information (where required for the purpose of payment). We collect and process your messages with other users as part of the operation of Kum Neger.
Referring Your Friends: We encourage you to refer your friends to Kum Neger by sending us your friends’ email addresses or phone numbers. We will keep this information in our database, and enable you to send these friends a one-time email or text message from your device containing your name and inviting them to visit our site. This email will also include instructions on how to opt out and unsubscribe from our email list. You agree that you will not abuse this feature by entering the email addresses or phone numbers of those individuals who would not be interested in Kum Neger.
Emails: We require an email address from you when you register with certain Kum Neger apps. We use your email for both “administrative” (e.g., confirming your registration, notifying of matches) and “promotional” (e.g., newsletters, new product offerings, special discounts, event notifications, special third-party offers) purposes. Email messages we send you may contain code that enables our database to track your usage of the e-mails, including whether the e-mail was opened and what links (if any) were clicked. You may opt-out of receiving promotional emails and other promotional communications from us at any time via the opt-out links provided in such communications, or by e-mailing email@example.com with your specific request. However, we reserve the right to send you certain communications relating to Kum Neger such as service announcements, security alerts, update notices, or other administrative messages) without affording you the opportunity to opt out of receiving such communications.
Text Messages: In certain apps, we may require a mobile telephone number in order to connect you with your match. When both you and your match explicitly express mutual interest by both clicking the “LIKE” button within Kum Neger, we will seek to connect you with him/her by text message. We will also share your first name at this time with your match. We do not share your phone number with your match during this process, as all introductory text messages are sent using third party generated phone numbers. We may also send text messages to your mobile phone for purposes of communicating with you about Kum Neger. By registering with Kum Neger and providing your phone number, you consent to Kum Neger sending you text messages via an automatic telephone dialing system. Your use of Kum Neger is not contingent upon agreeing to receive text messages.
Online Survey Data: We may periodically conduct voluntary member surveys. We encourage our members to participate in such surveys because they provide us with important information regarding the improvement of Kum Neger.
How we use the information
1. facilitate matches with other Kum Neger users;
2. respond to your comments and questions and provide customer service;
3. to tailor and provide communications to you about Kum Neger and related offers, promotions, advertising, news, upcoming events, and other information we think will be of interest to you;
4. monitor and analyze trends, usage and activities;
5. investigate and prevent fraud and other illegal activities;
6. provide, maintain, and improve Kum Neger and our overall business;
7. where we otherwise have a legitimate interest in doing so, for example, direct marketing, research (including marketing research), network and information security, fraud prevention, and enforcing our terms, conditions and policies or defending against legal claims; and
8. for any purposes disclosed to you at the time we collect your information or pursuant to your consent.
Use for Research. In addition to the uses outlined above, by using Kum Neger, you agree to allow us to anonymously use the information from you and your experiences to continue our research into successful relationships, including how to create and foster these relationships, so that we may continue to improve the Kum Neger experience. This research may be published in our blogs or interviews. However, all of your responses will be kept anonymous, and we assure you that no personal information will be published.
Sharing Your Information
The information we collect is used to provide and improve the content and the quality of Kum Neger, and without your consent we will not otherwise share your personal information to/with any other parties except: (a) to provide Kum Neger, (b) when we have your permission, or (c) or under the following instances:
Service Providers and Business Partners. We may share your information with our third-party service providers and business partners that help us to accomplish certain business purposes (e.g., marketing and analytics providers, security and technology providers, advertising partners, and payment processors).
Legal Disclosures and Business Transfers. We may disclose any information without notice or consent from you: (a) in response to a legal request, such as a subpoena, court order, or government demand; (b) to investigate or report illegal activity; or (c) to enforce our rights or defend claims. We may also transfer your information to (a) any affiliate of our corporate group or (b) another company in connection with a merger, financing due diligence, corporate restructuring, sale of any or all of our assets, or in the event of bankruptcy.
If you access third-party services, such as Facebook to login to Kum Neger, these third-party services may be able to collect information about you, including information about your activity on Kum Neger, and they may notify your connections on the third-party services about your use of Kum Neger, in accordance with their privacy policies.
Updating or Removing Account Information
You may review or edit your profile as you wish, by logging into your Kum Neger account using the information supplied during the registration process. If you would like to have us delete your account information, we may do so by deactivating your account first and then permanently deleting your account. Where you have consented to our use of your personal information, you may withdraw your consent at any time. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Kum Neger services, or to respond to any inquiry or request made by you, as applicable. To opt out of receiving messages concerning Kum Neger, you must cease requesting and/or utilizing services from Kum Neger, and cease submitting inquiries to Kum Neger, as applicable.
Individual Rights in the European Economic Area
If you are located in the European Economic Area, you may seek confirmation regarding whether Kum Neger is processing personal information about you, request access to your personal information and ask that we correct, amend, delete, or restrict processing of your personal information. In addition, you may object to Kum Neger’s processing of your personal information at any time. However doing so may impact your use of Kum Neger.
If applicable law provides you the right to request access to, (receive) port, object to or restrict processing, seek rectification or request erasure of personal information held about you by Kum Neger, you may do so, as applicable, through the controls in the Kum Neger application or by contacting Kum Neger. To protect your privacy, Kum Neger will endeavor to take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
Although Kum Neger makes good faith efforts to provide users with access to their personal information, there may be circumstances in which Kum Neger is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question, where the request is manifestly unfounded or excessive, or where the information sought is commercially proprietary.
Third Party Sites
Kum Neger may contain links to other websites and services. If you choose to click on a third party link, you will be directed to that third party’s website or service. The fact that we link to a website or service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services. These third parties may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you visit.
Securing Your Personal Information
By providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Kum Neger. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
You may be able to refuse or disable cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. If you choose to refuse, disable, or delete cookies, some of the functionality of Kum Neger may no longer be available to you. Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.
Your mobile device may include a feature that allows you to opt out of some types of targeted advertising (“Limit Ad Tracking” on iOS and “Opt out of Interest-Based Ads” on Android).
You can switch off GPS location information functionality on your mobile device if you do not wish to share GPS information.
Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
California residents may, in accordance with applicable law, request access to, deletion of, and portability of your information or more information about our information practices. For purposes of this section, “California resident” and “personal information” have the meanings given in the California Consumer Privacy Act of 2018 (the “CCPA”). Personal information does not include de-identified or aggregated information, information publicly available in government records, or certain information excluded from CCPA’s scope.
Right to Access
You can access much of your Kum Neger information by logging into your Kum Neger account. You may also, subject to applicable law and verification procedures, request details from us about the information we have collected from and about you over the past 12 months, including: The categories of personal information we have collected about you, categories of sources from which the personal information was collected, the purpose for our collection or sale of your personal information, the categories of third parties with whom we have shared your personal information, and the specific pieces of personal information we have collected about you. If you wish to request such access to your personal information, please contact us at the email or physical address provided in the How to Contact Us section at the bottom of this policy.
Right to Delete
You may, subject to applicable law and verification procedures, request that we delete any personal information we have collected about you subject to a number of exceptions, including, but not limited to, if the information is necessary to:
- Complete your transaction;
- Provide you a good or service;
- Perform a contract between us and you;
- Protect your security and prosecute those responsible for breaching it;
- Fix our system in the case of a bug;
- Protect the free speech rights of your or other users;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
- Comply with a legal obligation; or
- Make other internal and lawful uses of the information that are compatible with the context in which you provided it.
If you wish to request deletion of your personal information, please contact us at the email or physical address provided in the How to Contact Us section at the bottom of this policy . You may also delete data on your own, for example, by deactivating and permanently deleting your account.
To protect the privacy of your information and account, we are required to verify your request. The verifiable request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise your choices on your behalf, please select an agent registered with the Secretary of State of your state of residence and provide evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.
We will not discriminate against you for exercising your rights and choices, although some of the functionality and features available on Kum Neger may change or no longer be available to you. Any differences are related to your information.
“Shine the Light” requests
You have the right to request and obtain from us once a year at no charge a list of all third parties, if any, to which we have disclosed your personal information during the preceding calendar year for those third parties’ direct marketing purposes. If you would like such a list, please contact us at firstname.lastname@example.org. For all such requests, you must put the statement “Shine the Light Request” on your request, as well as your name, street address, city, state, and zip code. Please note that we will not accept these requests by telephone or fax, and are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Using Kum Neger from outside the United States
How to Contact Us