Legal

Terms and Conditions

Introduction

Surge Gay App s.r.o. ("Surge Gay App"), established in accordance with the laws of the Czech Republic, with its registered office at Rohanské nábřeží 678/23, Karlín, 186 00 Prague 8, Czech Republic, ID no. 05066891, entered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 257791, is the exclusive owner and operator of the Surge application, a dating app for gay men (the "App").

As used in these Terms, "we", "our" and "us" means the Surge Gay App or any successor, subsidiary, affiliate, assignee or licensee of the Surge Gay App.

"Service(s)" refers to your use of the App for any purpose whatsoever.

"You" refers to the user of this App and its related services, and as such, you have gained the right to use this App by respecting the applicable Terms of Use (the "Terms") described in detail below.

These Terms set forth the terms and conditions that apply to your use of the App and all services offered by us.

These Terms include our Privacy Policy, which can be accessed at any time at http://www.surgeapp.com/privacy.

By completing the subscription process or by using the App, you are agreeing to be bound by all of the terms in these Terms.

Please save or print and keep a copy of these Terms for your records.

Acceptance of the terms

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

You may accept the Terms by (i) clicking to accept or agree to the Terms, where this option is made available to you by us in the user interface for any Service, or (ii) by payment for the Services, or (iii) by using the App or any Services.

You may not use the Services or accept the Terms if (i) you are not of legal age to form a binding contract with us, or (ii) you are a person barred from receiving the Services under the laws of the Czech Republic or other countries, including the country in which you are a resident or from which you use the Services.

Eligibility

You must be at least 18 years of age or older, if required by applicable laws, to visit or use this App or the Services.

Legal entities and entrepreneurs may not use the Service for any purpose except with our express written consent.

By visiting the App or accepting these Terms, you represent and warrant that you:

  • (a) are 18 years of age or older, if required by applicable laws
  • (b) have the right and capacity to agree to and abide by the Terms
  • (c) will use the App in a manner consistent with all applicable laws and regulations and with these Terms; and
  • (d) have not been convicted of any felony and are not required to register as a sex offender.

Security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.

Interaction with other users

You are solely responsible for your interaction with other users.

You agree to take reasonable precautions in all interaction with other users of the Service, particularly, if you decide to meet offline or in person.

You should not provide your financial information (for example, your credit card or bank account information) to other users.

You understand that we currently do not conduct criminal background checks or other screening on the users or attempt to verify the statements of the users. However, we reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records and other sources.

We make no representations or warranties as to the conduct of users or their compatibility with any current or future users. We are not liable for any damages whatsoever, whether material or immaterial, direct, indirect, consequential or incidental, arising from or relating to the conduct of you or anyone else in connection with the use of the Service, including bodily injury or emotional distress.

Content in Profiles

You understand that all information such as, without limitation, data files, written texts, computer software, music, audio files or other sounds, photographs, videos or images (all such information being hereinafter referred to as the "Content") which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such Content originated.

We do not and cannot review all Content posted or sent by users of the Service. We are not responsible for any of the Content.

You understand that, by using the Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services.

You shall indemnify and hold us harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by us as a result of or in connection with your breach of the Terms, any third party's intellectual property or other rights.

Your use of the Services, Prohibited behavior

You agree to use the Services only for purposes that are permitted by (i) the Terms; (ii) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions; and (iii) any other applicable rules (including Facebook rules).

You agree that you will not engage in any activity that interferes with or disrupts the Services.

You will keep all information provided to you through the Service private and confidential and will not give such information to anyone without the permission of the person who provided it to you.

You will use the Service for personal use only. Users may not use the Service or any Content contained in the Service in connection with any commercial endeavors and may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user or request money from the user without his or her prior explicit consent.

You will not impersonate any person or entity or otherwise misrepresent affiliation, connection or association with any person or entity.

You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to, the posting of communications, pictures or recordings which contain nudity or obscene, profane, threatening, intimidating, harassing, racist, false, misleading, illegal, libelous, slanderous, abusive, offensive or defamatory Content, or racist, obscene, or otherwise offensive language, or stalk or otherwise harass any person or provide material that exploits people in a sexual, violent or other illegal manner.

You will not forward chain letters through the Service.

You will not use the Service to infringe the privacy rights, property rights, intellectual property rights, or any other rights of any person.

You will not post any Content that contains video, audio, photographs, images or any personal data of another person without his or her permission, or any Content that contains restricted or password only access pages.

You will not cause the Service to be accessed through any automated or robotic means, including but not limited to, rapid access of the site as in a denial-of-service attack. Such restriction does not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.

You may not, when using the Service:

  • (a) solicit passwords or personal identifying information for commercial or unlawful purposes from other users
  • (b) post or promote pirated copyrighted material or links to it
  • (c) provide or transmit any material that contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or disruptive codes or devices
  • (d) post, use, transmit or distribute (e.g. screen scrape) in any manner any of the Content other than solely in connection with your use of the Service
  • (e) retrieve, frame, mirror or in any way reproduce or circumvent the presentation of the Service or its Content
  • (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service
  • (g) use any code or devices containing any reference to us or the Service to direct any person to any other website for any purpose; or
  • (h) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the software used on or for the Service.

We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Section or the Terms, including removing the offending communication from the Service and terminating or suspending the account of such violators. The violators agree to cover any expenses and costs related to the investigation and prosecution of such activities.

Advertisement

We may use third-party advertising companies to serve ads when you visit our App.

These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. We will not share your personal information with the advertising companies. However, we may use elements of your personal information to create a list of users that advertising companies may want to direct their campaigns to, based on particular personal characteristics (for example, age, personal preferences or geographic location).

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines.

In consideration for us granting you access to and use of the Services, you agree that we may place such advertising on the Services.

We may use your contact information for marketing and commercial purposes so that we can offer you relevant products and services from us and third parties. Thus, we can send you a commercial communication (such as an SMS, MMS, e-mail, etc.) using the electronic contact you provided to us. You are entitled at any time, even when sending individual messages, to decline any other commercial communication.

Proprietary Rights

You acknowledge and agree that we own all legal rights, title and interest in and to the Services, including any intellectual property rights (such as copyrighted material and trademarks) which subsist in the Services.

You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of us or, if such property is not owned by us, the owner of such intellectual property or proprietary rights.

You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.

Surge may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Surge shall have no liability to you or any third party in the event that Surge exercises any such rights.

External Links

The Services may include hyperlinks to other web sites or Content or resources. We have no control over any web sites or resources which are provided by companies or persons other than us.

You acknowledge and agree that we are not responsible for any such external sites or resources and have no liability as a result of the availability of them or their Content.

You understand that, by using any such external sites or resources, you may encounter Content that may be deemed offensive, indecent, or objectionable and may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You understand and agree that your use of external links may result in harmful or unwanted Content or malicious software infecting or interacting with your computer or mobile device.

The personal data you may choose to give to such third parties are not covered by our privacy policies. Some third party companies may choose to share their personal data with us, in which case, such data sharing is governed by that third party's privacy policy.

Memberships and Paid features

In addition to the free services provided on the App, Premium Memberships and Paid Features, such as Power Like, are offered that require payment. Where payment is required, the following additional terms and conditions will apply.

You expressly acknowledge and agree that the initial price may change if you upgrade or change your subscription plan within the Service. You will always be informed about the price modification prior to making the upgrade or changing your subscription.

We will use the credit card information you provide to bill you for goods and services. By registering for the Paid Memberships or Paid Features and providing your credit card details, you agree to be billed by us in advance. It is your sole obligation to provide accurate and complete credit card information, and to timely update your account with any changes to such information.

Paid Memberships are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to your account page and opt out of automatic renewal of your purchase. If you opt out of automatic renewal after your purchase, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, you authorize us to bill the credit card you provided now and again at the beginning of any subsequent subscription period.

Your continued use of the Paid Memberships reaffirms that we are authorized to charge the credit card you provided. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Paid Memberships.

Where payment is required for a Paid Membership and we are unable to charge your credit card for any reason, we may discontinue any and all Services to you either temporarily or permanently.

We are not responsible for the payment processing provided by any third party.

If you cancel your account, your Paid Membership will be cancelled. All payments for Paid Memberships are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services or to transfer it to another account.

Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the Services.

License from US

We give you a worldwide, royalty-free, non-assignable and non-exclusive right and license to access and use the Services for the term and in the scope designated by the Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us in the manner permitted by the Terms.

Unless we have given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights, grant a security interest in or over your rights, or otherwise transfer any part of your rights granted hereunder.

License from You

You retain the copyright and any other intellectual property rights you already hold in the Content which you submit, post or display on or through the Services.

By submitting, posting or displaying the Content on or through the Services, you give us a non-exclusive, worldwide, royalty-free, transferable and sub-licensable license (the "License") to the Content, for independent use and for use in connection with other works (including authorization to add the Content to collective works), in the original, processed, or another altered form, as a whole or any components or parts, in each of these cases, for all manners of use and in an unlimited scope. The License is provided to us for the entire duration of the copyright for all countries of the world, authorizing us and other entities that obtain authorization to use the Content from us to use the Content in any manner or by any technological process (even if such manner or technological process is used in the future) in any quantity and in an unlimited number of uses.

We are entitled to provide the License or any authorization creating a part of the License in full or in part to third parties (by the assignment of rights, granting a license or sub-license, transfer of rights, or any other form) and we are not obliged to inform you of this fact.

In particular, we are authorized to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, transmit, distribute and publish on social networks, various media and elsewhere any Content, (ii) prepare derivative works of the Content (for example changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media) or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.

If you provide, as part of your use of the Services or as part of the Content which you submit, post or display on or through the Services, any photograph, image, audio, video or other materials protected by personality or privacy rights, you specifically agree that we may use such photograph or other materials for the purposes of providing the Services.

You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above License and consents.

Copyright Infringement

If you believe that any material or Content distributed by us through the Services constitutes copyright infringement, please provide us immediately with the following information:

  • (a) a description of the copyrighted work that you claim has been infringed
  • (b) a description of where the copyrighted work that you claim has been infringed is located on our App
  • (c) your name, surname, address, telephone number and email address; and
  • (d) a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law and that your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Impersonation Infringement

If you believe that any material or Content distributed by us through the Services constitutes impersonation infringement, in particular, if any user impersonates any other person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, for example, by displaying pictures or images of another person as profile pictures, please provide us immediately with the following information:

  • (a) a description of the Content that you claim has been infringed
  • (b) a description of where the Content that you claim has been infringed is located on our App
  • (c) your name, surname, address, telephone number and email address; and
  • (d) a written statement by you that you believe in good faith that the disputed Content is not authorized by the impersonated individual and that your notice is accurate and that you are the impersonated individual or authorized to act on his or her behalf.

Modification of the Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time and for any reason, including to reflect changes in or requirements of the law or new features.

We will make the changed Terms available at http://www.surgeapp.com/terms and in the App at least one month prior to the effectiveness of the changed Terms.

If the changes of the Terms include material changes, we will notify you of the changes through the App.

You understand and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as acceptance of the changed Terms. If you do not agree to the changed Terms, please do not use the Service and delete your account from the App.

Terms and Termination

We may, in our sole discretion, terminate or suspend your access to all or part of the Services or terminate or discontinue the Services or the App entirely at any time, with or without notice, for any reason, and in particular if

  • (a) you have breached or intended to breach any provision of the Terms
  • (b) we are required to do so by law
  • (c) we are transitioning to no longer providing the Services to users in the country in which you reside or from which you use the Services; or
  • (d) the provision of the Services to you by us is, in our opinion, no longer viable.

We use Facebook for authorization of users. If your Facebook account or any other account used for registration and/or signing in the Services is deleted or non-functional, you may no longer be able to access the Services.

Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.

We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or Content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason.

You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.

You may also terminate your account at any time, for any reason, by following the instructions in Settings in the Service.

When your legal agreement with us comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from or been subject to and which are expressed to continue indefinitely shall be unaffected by this cessation.

Disclaimer

You understand and agree that you use the App and Services at your own risk.

The Services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.

We do not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on the App. Due to the number of sources from which the Content distributed by us is obtained, there may be delays, omissions or inaccuracies in such Content. We do not represent or endorse the accuracy or reliability of any user profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service. You acknowledge that any reliance upon any such Content is at your sole risk.

You hereby acknowledge and agree that, under no circumstances, will we, our officers, directors, employees, agents and third party Content providers or licensors be liable to you or any third party for any damage, whether material, immaterial, direct, indirect, incidental, or consequential, including personal injury or death, caused by or arising from in particular

  • (a) the use of the Services or reliance on information obtained through the App
  • (b) the use or inability to use the Service or out of the breach of any warranty
  • (c) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure theft or destruction or unauthorized access to and alteration of the App
  • (d) dincorrect 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
  • (e) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications
  • (f) the conduct, whether online or offline, of any user; or
  • (g) 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 on any website or combination thereof.

To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend and hold harmless us and all our officers, employees, directors, owners, agents, partners, information providers, subsidiaries, affiliates, licensors and licensees from and against any and all liability, claim, demand and costs, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising from your breach or failure to comply with these Terms, any postings or Content you post in the Service and the violation of any law or regulation by you. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

To the maximum extent permitted by applicable law, our liability for damage incurred by you as a result of or in connection with the Services shall be limited to direct damages up to the amount you paid to us for the Services giving rise to that liability during the last three months before the occurrence of our liability (or amount corresponding to a three-month service fee, as applicable), and in no event shall our liability exceed the sum of USD 10,000.

Nothing in these Terms shall exclude or limit our liability for damage which may not be lawfully excluded or limited by applicable law.

Final Provisions

The Terms and your relationship with us under the Terms or in connection with the Services are governed by Czech law.

You agree to submit to the exclusive jurisdiction of the courts of the Czech Republic to resolve any disputes arising from the Terms or in connection with the Services.

You agree that any and all disputes arising from or connected to the Services shall be resolved individually, without resort to any form of class action. No claim may be consolidated or joined with another person’s or party’s claims.

The Terms are provided in English. You agree that the English language version of the Terms will govern your relationship with us.

The Terms constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the Services.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and are enforceable.

Contact Information

Should you have any questions or comments relating to the Terms, please contact us at the following e-mail address:terms@surgeapp.com.



Version 1.0, valid on 5 December 2016