PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE (defined hereinafter).BY ACCESSING THE SERVICE AND BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WHICH GOVERNS THE USE OF THE SERVICE.

You should also read the Privacy Policy, which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not access or use the Service.

Introduction and Overview

Dilooni Group LLC (“Dilooni”) provides mobile application services for single Druze adults to meet each other.The Service is a way for Druze adults to meet each other (and, for the avoidance of doubt, the “Service” includes any materials or content provided through www.yalladilooni.comor the Dilooni mobile phone or tablet application for iOS and Android (the “Application”), and the services available through the Application).

These Terms and Conditions (the “Agreement”) constitute a legal agreement between you and Us.By visiting www.yalladilooni.com, downloading the Application and / or using the Service, you expressly agree to this Agreement, as updated from time to time. This Agreement applies regardless of how you access or use the Service.

You may not use the Service if you are under the age of eighteen (18) or you are not able to form legally binding contracts, or if your membership has been suspended by Us. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SERVICE. By registering for the Service, you become a Dilooni Member (defined hereinafter), and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT REGISTER FOR, ACCESS OR USE THE SERVICE. In some instances, both this Agreement and separate guidelines, rules, or terms of use setting forth additional or different terms and/or conditions will apply to your use of the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

THE BUSINESS REALITIES ASSOCIATED WITH OPERATING THE SERVICE ARE SUCH THAT, WITHOUT THE LIMITATIONS THAT ARE SET FORTH IN THIS AGREEMENT, SUCH AS YOUR GRANTS AND WAIVERS OF RIGHTS, THE LIMITATIONS ON OUR LIABILITY, YOUR INDEMNITY OF US, AND THE ARBITRATION OF CERTAIN DISPUTES – WE WOULD NOT MAKE THE SERVICE AVAILABLE TO YOU.

Risk Assumptions and Precautions

We are not responsible for the conduct, whether online or offline, of any Member of the Service. You assume all risks when using the Service, including, but not limited to, all of the risks associated with any online or offline interactions with other Members, including meeting up and dating with another Member you meet on the Service. You agree to take all necessary precautions if you choose to contact, communicate and/or meet an individual through the Service. You understand that We make no guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

Agreement Definitions

In this Agreement, the following terms have the following meanings unless the context requires otherwise:

 “Agreement” means the agreement between you and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein;

 “Member” means an individual who provides information to Dilooni to participate in the Service or who participates in, accesses or uses the Service in any manner; and

“We”, “Us”, and “Our” means Dilooni Group LLC.

 

  1. LIMITED LICENSE AND RIGHTS OF OTHERS:

 

  1. Limited License.Subject to your strict compliance with the terms and conditions of this Agreement and any Additional Terms, Dilooni grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use the Service. The Service, or any portion of the Service, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Dilooni.Except as expressly set forth herein, the foregoing limited license and this Agreement: (i) does not give you any ownership of, or any other intellectual property interest in, the Service, and (ii) may be immediately suspended or terminated for any reason, in Dilooni’s sole discretion, and without advance notice or liability. The limited license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

 

  1. Rights of Others. When using the Service, you must respect the intellectual property and other rights of Dilooni and others. Your unauthorized use of content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please seeSection 12 below.

 

  1. ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. By using the Service, 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. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.If you use the Service from outside of the United States, you are responsible for determining whether your use of the Service is legal in your jurisdiction, and you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

 

  1. REGISTRATION AND CONTENT POSTED BY YOU VIA THE SERVICE.To become a Member, you must register for the Service. The Service requires your completion of the registration form (including uploading photo(s) of you) in order for Dilooni to find compatible matches for you. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by Our registration form, which shall include any updates you make thereafter (“Registration Data”), and to maintain and update your information to keep it accurate, current and complete. you agree that We may rely on your Registration Data as accurate, current and complete. To become a Member, you understand that you are representing and warranting that you are not only at least eighteen (18) years of age, but also single (not married), divorced, widowed or legally separated from your spouse, and that you are Druze seeking a bona fide Druze relationship.You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We may terminate this Agreement and your use of the Service. Although Dilooni reserves the right, but disclaims any perceived, implied or actual duty, to verify the accuracy of the information provided by Our Members, We do not verify information in profiles, and We have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of Our Members.

 

You are solely responsible for the content and information (including Registration Data) that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other Members, including communications, messages, chats, videos, photographs, images, illustrations, sounds, music, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively with Registration Data, the “MemberContent”).

 

If you register for the Service or any feature that requires a password and/or username, and you are not using your Facebook login information, then you will select your own password at the time of registration (or We may send you an e-mail notification with a randomly generated initial password) and you agree that with respect to your login information: (i) you will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive;(ii) We may reject the use of any password, username, or e-mail address for any other reason in Our sole discretion; (iii) you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify Us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. You acknowledge that We are not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

 

If any information that you provide, or if We have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, any Additional Terms, or any applicable law, then We may either make the necessary edits, suspend, or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in Our sole discretion, for any reason, and without advance notice or liability.

 

  1. UNIQUE AND BONA FIDE ACCOUNT. As a Member of the Service, you will create only one unique account. In addition, your use of the Service must be for a bona fide Druze relationship-seeking purpose in order to maintain the integrity of the Service. Not all Members are available for matching.From time to time, Dilooni may create test profiles in order to monitor the operation of the Service and testing the functionality of Our Service to improve service quality for Our Members.

 

  1. TERM AND TERMINATION OF MEMBERSHIP.This Agreement will remain in full force and effect while you use the Service and/or are a Member, and after you have ended use of the Service and/or ceased to be a Member.

 

  1. Termination by Dilooni of Your Membership.Dilooni reserves the right to immediately suspend, deactivate, or terminate your access to the Service at any time in its sole discretion, without notice, for any reason or no reason. We also reserve the right to remove your account information or data, including Member Content, from Our Service and any other records at any time at Our sole discretion.In the event that We determine that your access to the Service is suspended, deactivated, or terminated for cause, such as due to any breach of this Agreement, flagged conduct or content, or third party complaints, We reserve the right to remove your account information or data, including Member Content, from Our Service and any other records at any time at Our sole discretion.

 

  1. Termination by You of Your Account. You may terminate your account and remove your profile, including Member Content, at any time via the Application by accessing the “settings” page of your account, or sending Us written or email notice of termination. To learn how to terminate your membership, visit the Help section of www.yalladilooni.com. You may terminate your account by removing your profile, including Member Content, at any time, for any reason, with or without explanation, effective upon sending written or email notice to Dilooni. Again, even after your membership is terminated, this Agreement will remain in effect.

OR—Unless you elect to delete or hide your profile you will continue to be a Member in the Service and others may view your profile. If you hide your membership, your profile will be hidden and other Members will not be able to view your profile until you reactivate your membership. If you delete your membership, your profile will be removed and other Members will not be able to view your profile and you will not be able to reactivate your membership. Members can hide or delete their profile at any time by following the instructions contained on the “My Account” page on www.yalladilooni.com.

  1. YOUR USE OF THE SERVICE: As a Member, you agree that:

 

(A) The Service is for personal use only and you will use the Service in a manner consistent with any and all applicable laws and regulations. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Dilooni or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Members may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose. Dilooni may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails.You will not transmit any chain letters or junk email to other Members. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between you and other Members.

 

(B) You are solely responsible for the content or information, including Member Content,you post on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members or to Us, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, bullying, insulting, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity. We reserve the right, but We have noobligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE, AT OUR SOLE DISCRETION.

 

(C) By becoming a Member, you agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, “Your Match” emails, emails informing you about events and parties We organize, emails informing you of changes to the Service and emails informing you of promotions that either We provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. Message notification emails such as “Your Match” emails, emails informing you about events and parties We organize and emails informing you of changes to the Service are provided by Us as part of the operation of the Service and you will receive these messages to the extent that you opt in to receiving these messages, for as long as you are Our Member. Should you not wish to receive any of Our email communications, you may control most of the email communications you receive by changing your email settings. You may also opt-out of receiving email communications sent from Us or through Us offering you third party goods or services. To learn how to do so, visit the Help section of the website yalladilooni.com.

 

(D) When communicating with Dilooni representatives by any means, you agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our representatives feel, at any point, threatened or offended by your conduct, We reserve the right to immediately terminate your access to the Service.Telephone calls between you and Our representatives may be recorded for quality assurance purposes.

 

  1. SERVICE AND CONTENT USE RESTRICTIONS:

 

We are entitled to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:

 

  1. Service Use Restrictions. You agree that you will not: (i) engage in activities through or in connection with the Service that seek to attempt to or do harm to any individuals or entities, or are inappropriate, unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Dilooni; (ii) use the Service for any political or commercial purposes (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (iii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (iv) use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (v) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (vi) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means (vii) express or imply that any of your statements are endorsed by Us, without Our specific prior written consent; (viii) transmit unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);or (ix) otherwise violate this Agreement or any applicable Additional Terms.

 

  1. Content Use Restrictions. You also agree that in using the Service: (i) you will not interfere with or disrupt the Service, servers or networks connected to the Service;(ii) you will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;(iii) you will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (iv) you will not use meta tags or code or other devices containing any reference to Us or the Service in order to direct any person to any other website for any purpose;(v) you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so; (vi) you will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any mobile devise, tablet or computer software or hardware; or (vii) you will not post on the Service, transmit to other Members, communicate any content (or links thereto), or otherwise engage in any activity via the Service, that contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian).

 

  1. Content Removal. We reserve the right, but have no obligation to monitor the information or material you submit to the Service, including but not limited to Member Content. We have the right to remove any such information or material that in Our sole opinion violates, or may violate, any applicable law or either the letter or spirit of the Agreement or upon the request of any third party. We further reserve the right to remove matches previously delivered to you, in Our reasonable discretion, in order to assure that you have a quality experience with Our Service.

 

  1. LINKED-TO WEBSITES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES:

 

  1. Third-Party Services; Advertisements. The Service may contain links to third-party sites that are not owned, controlled or operated by Dilooni, and the Service may also include links to third-party ads, tools, plug-ins and/or other content on the Service that link third-party sites (collectively, “Third-PartyServices”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Dilooni. This may include the ability to register or sign in to Our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on Our Services. We may also host Our content, apps and tools on Third-Party Services. Dilooni may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and Dilooni does not assume any obligation to review any Third-Party Services. Dilooni does not endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Dilooni is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, DILOONI WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS OR OTHER DAMAGE, WHETHER ARISING FROM, IN CONNECTION TO, OR RELATED TO NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. DILOONI DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.

 

  1. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). DILOONI DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.

 

9.CARRIER FEES.The Service offers features and services that are available to you via the Application on your mobile phone and tablet. Standard messaging, data, and other fees may be charged by your carrier to participate in the Service, for which you are responsible. Fees and charges may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain features of the Application or Service and certain features of the Application or Service may be incompatible with your carrier or mobile device or tablet. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

 

You agree that some of the features of the Application or Service for which you are registered may send communications via same to your mobile phone or tablet regarding Us or other parties. Further, We may collect information related to your use of the Service.By your use of the Serviceyou represent that you are the owner of the mobile phone or tablet, as applicable.

 

  1. YOUR INDEMNITY TO US. YOU AGREE TO, AND YOU HEREBY, DEFEND, INDEMNIFY, AND HOLD DILOONI, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, MANAGING MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DILOONI PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, FINES, PENALTIES, SETTLEMENTS, INTEREST, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT DIRECTLY OR INDIRECTLY ARISE FROM, ARE IN CONNECTIONS WITH, OR ARE RELATED TO ANY CLAIM, SUIT, ACTION, DEMAND, OR PROCEEDING MADE OR BROUGHT AGAINST ANY DILOONI PARTY, OR ON ACCOUNT OF THE INVESTIGATION, DEFENSE, OR SETTLEMENT THEREOF, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO WHETHER OCCURRING HERETOFORE OR HEREAFTER: (I) YOUR CONTENT OF THE MATERIALS YOU POSTEDOR OTHERWISE PROVIDE ON THE SERVICE AND IN YOUR PRIVATE COMMUNICATIONS, MESSAGES OR CHATS WITH OTHER MEMBERS (INCLUDING MEMBER CONTENT); (II) YOUR USE OF THE SERVICE AND YOUR ACTIVITIES IN CONNECTION WITH THE SERVICE, INCLUDING YOUR COMMUNICATIONS AND MEETINGS WITH MEMBERS YOU MEET THROUGH THE SERVICE, WHETHER ONLINE OR OFFLINE; (III) YOUR BREACH OR ALLEGED BREACH OF THIS AGREEMENT OR ANY ADDITIONAL TERMS(INCLUDING ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN); (IV) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES, OR ORDERS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES IN CONNECTION WITH YOUR USE OF THE SERVICE OR YOUR ACTIVITIES IN CONNECTION WITH THE SERVICE; (V) INFORMATION OR MATERIAL (INCLUDING MEMBER CONTENT) TRANSMITTED THROUGH YOUR MOBILE PHONE OR TABLET, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES, VIOLATES, OR MISAPPROPRIATES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR ENTITY; (VI) ANY MISREPRESENTATION MADE BY YOU; AND (VII) YOUR DISPUTES WITH ANY OTHER MEMBER; AND (VII) DILOONI PARTIES’ USE OF THE INFORMATION THAT YOU SUBMIT TO US (INCLUDING YOUR MEMBER CONTENT) (ALL OF THE FOREGOING, “CLAIMS AND LOSSES”). YOU WILL COOPERATE AS FULLY REQUIRED BY DILOONI PARTIES IN THE DEFENSE OF ANY CLAIMS AND LOSSES. NOTWITHSTANDING THE FOREGOING, DILOONI PARTIES RETAIN THE EXCLUSIVE RIGHT TO SETTLE, COMPROMISE, AND PAY ANY AND ALL CLAIMS AND LOSSES. DILOONI PARTIES RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIMS AND LOSSES. YOU WILL NOT SETTLE ANY CLAIMS AND LOSSES WITHOUT, IN EACH INSTANCE, THE PRIOR WRITTEN CONSENT OF AN OFFICER OF A DILOONI PARTY.

 

  1. CONTENT. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.

 

WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED ON THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SERVICE (INCLUDING MEMBER CONTENT) AND IN YOUR PRIVATE MESSAGES OR CHATS. MESSAGES OR CHATS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.

 

12.COPYRIGHT POLICY; NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:Dilooni asks Members to respect the intellectual property rights of others. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. In Dilooni’s sole discretion, Dilooni may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. Dilooni has adopted a policy of terminating, in appropriate circumstances and at Dilooni’s sole discretion, Members who are deemed to be repeat infringers. Ifyou own a copyright in a work (or represent such copyright owner) and believe that any content on the Service constitute work that is owned by you or a third party, and is displayed on the Service without proper authorization, please send the following information via email to [email protected]:

 

  1. a legend or subject line that says “Copyright Infringement Notice”;
  2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  3. a description of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  4. a description of where the material that you claim is infringing is located on this Service that is reasonably sufficient to permit Us to locate the material;
  5. your full name, address, telephone number, and email address;
  6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

It is often difficult to determine if your copyright has been infringed. Dilooni may elect to not respond to notices that do not substantially comply with all of the foregoing requirements, and Dilooni may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with all of the foregoing requirements.

 

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

We may send the information that you provide in your notice to the person who provided the allegedly infringing work.

 

  1. PRIVACY. The personal information (including sensitive personal information and Registration Data) you provide to Us will be stored on computers and/or servers. You consent to the use this information to create a profile of interests, preferences and browsing patterns and to allow you to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our Privacy Statement and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a Member, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.

 

  1. DISCLAIMERS. WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN). WE SPECIFICALLY DISCLAIM (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO DEVICE, DATA OR INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.

 

Although each Member must agree to Our terms and conditions, We cannot guarantee that each Member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of eighteen (18) in violation of this Agreement.Dilooni maynot be able to provide matches for everyone seeking to use theService. Further, Dilooni makes no guarantees as to the number or frequency of matches through the Service, or to such matches’ ability, desire or criteria to communicate with any Member. You understand that Dilooni makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals. Also, it is possible that other Members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information (including Member Content) that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

You acknowledge and agree that the Dilooni Parties are not responsible for and shall not 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 (i) any incorrect or inaccurate content or information provided in connection with the Service, whether caused by users of the Service, including Members, or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, account information or data (including Member Content), or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) 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 Member communications; or (v) 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 users and/or Members or to any other person’s mobile device or tablet related to or resulting from participating or downloading materials in connection with the Service.

 

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, PARTNERS, LICENSORS OR SERVICEPROVIDERS(INCLUDING THE DILOONI PARTIES) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT CONDUCT BACKGROUND CHECKS ON MEMBERS REGISTERING FOR THE SERVICE IN ANY WAY. WE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS.ANY ATTEMPT BY DILOONI TO SCREEN MEMBERS IS NOT A GUARANTEE OF SAFETY ON THE APPLICATION OR SERVICE.YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE ON THE APPLICATION OR SERVICE AND WHEN MEETING OTHER MEMBERS WHETHER ONLINE OR IN PERSON. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING, BY NOT LIMITED TO, PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.

 

AS SET FORTH MORE FULLYIN SECTION 17, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

  1. RESOLUTION OF DISPUTES.

 

(a) Arbitration of Any And All Disputes (Other Than Claims That May Be Adjudicated In Small Claims Court).

 

This provision shall apply to the resolution of any dispute arising out of, in connection with, or in any way related to the Application, the Service, this Agreement, any amendments or addenda thereto, and the subject matter hereof, including without limitation any contract, tort, statutory or equity claims between you and Us or the Dilooni Parties (as defined above) (the “Dispute”). You may also assert claims in small claims court if your claims qualify. In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means. If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.

 

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. Any Dispute shall be subject only to binding arbitration. The parties expressly agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any Dispute in any court. In the event of any Dispute, both parties agree that the arbitration provision in this Agreement will be governed, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (“FAA”) to the maximum extent permitted by applicable law.

 

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive, or declaratory relief in an appropriate court of law. This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.

 

The parties expressly agree that any Dispute is personal to them, and any Dispute shall only be resolved by an individual arbitration. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither party agrees that a Dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. The parties agree that that a Dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. If your agreement to waive any right to a jury trial or to participate in a class action is found to be unenforceable, then the entirety of this arbitration section (Section 16) will be null and void and neither you nor We will be entitled to arbitrate Our dispute.

 

The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that you and We mutually agree upon. If, after making a reasonable effort, you and We are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by you and Us or appointed by a court, subject to the following modifications:

 

  1. The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge and will have at least five (5) years of legal experience in the resolution of commercial disputes.
  2. As limited by the FAA, the terms of this Agreement, and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute. This does not include the power to conduct a class arbitration or a representative action, which is prohibited by the terms of this Agreement as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
  3. The parties may take discovery through interrogatoriesand requests for production that the arbitrator determines to be necessary and appropriate.Any such discovery requests must be served on the other party within ten (10) days after the arbitrator’s appointment. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort what would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense. Unless both sides agree otherwise, no other forms of written discovery (such as requests for admissions) may be utilized. No depositions may be taken, except by agreement of the parties.
  4. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule. Dilooni will pay all remaining fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.In no event will We pay for your attorneys’ fees unless required by law.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Dilooni Group, LLC,PO Box 27514, Houston, TX 77227. You may represent yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon receipt of an arbitration claim, Dilooni may assert any counterclaims it may have against the complaining party. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Houston, Texas or in the county where you reside or at another mutually agreed location. The AAA Commercial Rules and Consumer Procedures, the forms you may need to begin the arbitration proceeding, and other information about the AAA, are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.

 

(b) With the exception of the provision above that the enforceability of this Section 16 is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, this Agreement otherwise will be construed and enforced in accordance with the laws of the State of Texas applicable to contracts entered into and performed in Texas to the maximum extent permitted by law (and without giving effect to Texas’s conflict of law principles). This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

(c) You and We acknowledge and agree that any violation of this Section 16of this Agreement may cause the parties irreparable harm, and therefore you and We agree that the parties will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that the parties may have for a breach of the this Section 16of this Agreement.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Dilooni (including for small-claims court actions) shall be commenced only in the federal or state courts located in Houston, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

(d) With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section 16is held to be illegal, invalid or unenforceable, such provision shall be fully severable, the Section 16shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Section 16, and the remaining provisions of this Section 16 shall remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of the Section 16a legal, valid and enforceable provision as similar as possible to the former provision.

 

  1. LIMITATION OF TIME PERIOD TO COMMENCE ANY DISPUTE. Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of, in connection with, or related to the Application, the Service, or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control. The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim relating to any Dispute in any form, and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its Dispute for determination within the applicable limitations period.

 

  1. UPDATES TO THE TERMS OF SERVICE. This Agreement (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF ADDITIONAL TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE ADDITIONAL TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and Conditions and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The applicable Additional Terms will be effective as to new use and transactions as of the time that We post them, or such later date as may be specified in them or in other notice to you. However, the Terms and Conditions (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which We previously committed to apply those Terms and Conditions (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or applicable Additional Terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page (www.yalladilooni.com), the Application, and the e-mail you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. 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 can reject any new, revised or applicable Additional Terms by discontinuing use of the Service and related services.

 

  1. MISCELLANEOUS.

 

  1. CONNECTIVITY. You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed (including as set forth in Section 9) for your access to and use of the Service and you will be responsible for all charges related to them.

 

  1. ENTIRE AGREEMENT AND WAIVER. This Agreement, any Additional Terms and Our Privacy Policy, and any subsequent written revisions, comprise the entire agreement between you and Us regarding the use of the Service, superseding any prior oral or written agreements or communications between you and Us related to the use of the Service (including, but not limited to, any prior versions of this Agreement). No other regular practice or method of dealing between you and Us will be used to modify, interpret, supplement or alter in any manner any express terms of this Agreement. No waiver of any provision of this Agreement or any rights or obligations under this Agreement will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.

 

  1. SEVERABILITY; OTHER. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. There shall be no third-party beneficiaries to this Agreement. The failure of Dilooni to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your account is non-transferable and any rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Dilooni in any manner.

 

  1. OPERATION OF SERVICE; AVAILABILITY OF SERVICES; INTERNATIONAL ISSUES. Operation of Service; Availability of Service; International Issues. The Service is operated in the United States, and is primarily intended for users located in the United States. Dilooni makes no representation that the Service is appropriate or available for use beyond the United States. If you use the Service from other locations not listed herein, you are doing so on your own initiative and are responsible for determining whether your use of the Service is legal in your jurisdiction and for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that We provide. You and We disclaim any application to this Agreement of the Convention on Contracts for the International Sale of Goods.

 

  1. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, CODE, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY DILOONI OR A LICENSOR OF DILOONI.

 

F.MODIFICATIONS TO SERVICE; INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT.Dilooni reserves the right, without any limitation, to discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Dilooni under this Agreement or any Additional Terms.Upon suspension or termination of your access to the Service, or upon notice from Dilooni, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of this Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

 

You agree that Dilooni may access, preserve and disclose your account information or data(including Member Content)if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) enforce this Agreement; (iii) respond to copyright infringement claims; (iv) respond to your requests for customer service or allow you to use the Service in the future; (v) protect the rights, property or personal safety of Dilooni or any other person; (vi) protect someone’s health or safety, such as when harm or violence against any person (including a Member) is threatened.Notwithstanding any other provision of this Agreement and any Additional Terms, Dilooni reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, Dilooni suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Dilooni, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Dilooni is permitted to make such disclosure.

 

  1. ASSIGNMENT.Dilooni may assign its rights and obligations under this Agreement and any Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of a member of Dilooni.

 

Date of Last Revision to Terms of Service: [January 24th, 2018]