1. RILLY RULES
Before using Rilly, you must
register for an account ("Account"). To create an Account, you must:
- Be at least 18 years old
or the age of majority in your home country.
- Be legally allowed to use
Rilly according to your country's laws.
You can create an Account
manually or by using your Facebook login. If you choose Facebook login, you
authorize us to access and use certain information from your Facebook account
(like profile pictures and friend lists). For details, check our Privacy
Policy. By using Rilly, you agree to our data collection and use as per our
Privacy Policy.
You cannot use someone
else's Account or share your Account without permission.
If you decide to leave
Rilly, you can delete your Account anytime from the 'Settings' page when logged
in. Your Account will be deleted immediately, though it may take some time to
remove your content from the App. Your profile information will be handled as
outlined in our Privacy Policy. If you delete your Account and try to create a
new one with the same details within a certain time frame, we will reactivate
your Account for you.
We use automated systems and
moderators to monitor and review accounts and messages for any violations of
these Terms. We reserve the right to terminate or suspend any Account, restrict
access to the App, or use any means necessary to enforce the Terms, including
blocking specific IP addresses, without prior notice. We can terminate your
Account without notice for various reasons, including violations of these terms
or inappropriate conduct on the App or with other users.
2. TYPES OF CONTENT
There are three types of
content you can access on Rilly:
- Content you upload and
provide ("Your Content").
- Content provided by
members ("Member Content").
- Content provided by Rilly,
including databases and software ("Our Content").
Certain types of content are
not allowed on Rilly. This includes content that:
- Contains offensive or
harassing language or imagery.
- Is obscene, violent, or
degrading.
- Promotes discrimination,
racism, or hatred.
- Encourages illegal
activities.
- Is defamatory or libelous.
- Relates to commercial
activities or spam.
- Contains malicious code or
infringes on others' rights.
- Shows another person
without their consent.
- Is harmful to minors.
- Impersonates another
person.
3. CONTENT RESPONSIBILITY
Your Content:
You are responsible for
ensuring Your Content complies with our Guidelines. You are liable for Your
Content and will defend us against any claims related to it. You should avoid
displaying personal contact or banking information on your profile. If you do
share personal information, it's at your own risk.
Your Content will be visible
to other Rilly users worldwide, so be cautious about what you post. By
uploading Your Content, you grant us a license to use it.
Member Content:
Member Content belongs to
the user who posted it. You have no rights over other users' Member Content.
Use other users' information only for purposes aligned with Rilly's mission.
Don't use it for commercial purposes, spam, harassment, or threats. We may
terminate your Account if you misuse others' information.
Our Content:
We own or have licenses for
all other content on Rilly. You have a limited license to access and use Our
Content as long as you follow certain conditions. You
cannot use, sell, modify, or distribute Our Content beyond what the App allows.
We reserve all other rights.
We don't pre-screen content
but reserve the right to review and remove content if necessary.
3. RILLY USAGE RULES
By using Rilly, you agree
to:
- Comply with all relevant
laws, including privacy, intellectual property, and anti-spam laws.
- Use your real name and age
on your Rilly account and profile.
- Use the services
professionally.
You must not:
- Engage in unlawful or
unprofessional behavior, including dishonesty, abuse, or discrimination.
- Misrepresent your
identity, age, qualifications, or affiliations.
- Share information without
proper consent.
- Stalk or harass other
users.
- Operate schemes, fraud, or
similar practices.
- Develop or use software to
scrape or copy data from Rilly.
If you encounter abuse or
problematic content, report it to us. We reserve the right to investigate and
terminate user accounts for violations of these Terms.
4. PRIVACY
For details on how Rilly
collects, uses, and shares your personal data, please refer to our Privacy
Policy. By using Rilly, you agree to our data practices as outlined in the
Privacy Policy.
5. PAYMENT TERMS
General:
Rilly may offer products and
services for purchase on the App ("In-App Purchase"). If you make an
In-App Purchase, additional terms disclosed during purchase apply and are
considered part of these Terms.
You can make In-App
Purchases through:
- Third-party platforms like
the Apple App Store or Google Play Store.
- Credit card, debit card,
or PayPal processed by a third-party.
By making an In-App
Purchase, you authorize us to charge your chosen payment method. If payment is
not received, you agree to pay upon demand.
Subscriptions and
Auto-Renewal:
Rilly may offer automatically-renewing subscriptions, such as one-week or
one-month Premium Services. If you buy one, it will renew unless canceled, at
Rilly's then-current price. To avoid new charges, cancel before the current
period ends.
Canceling Subscriptions:
You can cancel a
subscription under your profile's payment settings or through your Third Party Store account. Canceling means no renewal, but
it won't remove your profile.
Refunds:
Charges for purchases are
generally nonrefundable, and there are no refunds for partially used periods.
If you qualify for a refund:
Here are the simplified
terms for sections 9, 10, 11, and 12 with "Rilly" replaced by
"Rilly":
9. LIMITATION OF
LIABILITY
Neither Rilly nor any owner
will be liable for any damages, direct or indirect, including loss of data,
income, profit, or goodwill, arising from your use of Rilly, whether due to
breach of contract, negligence, or any other reason. This includes third-party
claims. Even if we knew about the possibility of such damages, your sole remedy
if dissatisfied with Rilly is to stop using it.
You waive any claims related
to your use of Rilly. If applicable law doesn't allow these disclaimers or
limitations, they may not apply to you. If any part of this limitation on
liability is found invalid, our maximum liability won't exceed one hundred
dollars ($100). This limitation is a fundamental part of our agreement.
10. INDEMNITY
You're responsible for your
actions and content on Rilly. You agree to protect Rilly, its partners, and us
from third-party claims, costs, and losses related to:
- Negligence, willful
misconduct, or any breach by you.
- Your use of Rilly.
- Content you upload or
submit.
- Breach of these terms.
- Violation of any law or
third-party rights.
We have the right to settle
claims without your consent, and you'll cooperate as needed.
11. PROCEDURE FOR
COPYRIGHT CLAIMS
If you believe content on
Rilly infringes your copyright, please send a DMCA Takedown Notice to Rilly’s
support team. Include:
- Your signature.
- Identification of the
copyrighted work.
- Description of the
infringing material.
- Contact information.
- A statement of good faith
belief.
- A statement under penalty
of perjury that the information is accurate.
Send Takedown Notices to support@rilly.app
12. THIRD-PARTY APP STORE
If you download Rilly from a
Third Party Store, these additional terms apply:
- These Terms are between
you and Rilly, not the Third Party Store.
- The Third
Party Store isn't responsible for Rilly, its maintenance, or warranties.
- Rilly is responsible for
addressing claims related to Rilly.
- Third Party Stores are
third-party beneficiaries of these Terms.
- If Third Party Store terms
conflict with these Terms, Third Party Store terms apply.
- We're not responsible for
third-party goods or services obtained through Third Party Stores.
Please review Rilly's
complete terms for comprehensive information. These simplified terms are for
clarity and may not cover all details and legal nuances.
- Apple App Store users
should request refunds through Apple.
- Others can contact
customer support.
Taxes:
Payments do not include
Sales Tax. If required, we'll collect it. You're responsible for unpaid Sales
Tax and related penalties or interest.
Please note that these
simplified terms aim to provide a clear overview and may not include all the
details and legal nuances. It's essential to review the full terms provided by
Rilly for complete information.
Here are the simplified
terms for sections 6, 7, and 8 with "Rilly" replaced by
"Rilly":
6. VIRTUAL ITEMS
At times, you can buy
limited-use features within Rilly, called "Virtual Items." These are
a license, not a transfer of ownership. Your balance of Virtual Items shows
your license extent. They don't incur fees for non-use and expire if Rilly
stops or you close your account. We may offer Virtual Items as part of paid
subscriptions, but they don't roll over between subscription periods. We may
charge fees for Virtual Item access and manage them without liability. You
can't sell or transfer Virtual Items. All Virtual Item purchases are final and
non-refundable.
7. PUSH NOTIFICATIONS;
LOCATION-BASED FEATURES
We may send you emails, text
messages, push notifications, and other messages related to Rilly, like
updates, offers, and promotions. You can opt out of push notifications/alerts
or unsubscribe from other communications. Rilly uses location data to offer
location-specific content, services, and materials. If you don't allow location
access, you won't access such content. For more about how Rilly uses your
information, see our Privacy Policy.
8. DISCLAIMER
Rilly, our content, and
member content are provided "as is" and "as available"
without warranties. We don't guarantee compatibility of matches. If applicable
law doesn't allow excluding warranties, we grant the minimum required by law.
We don't guarantee uninterrupted, secure, or error-free use, or accuracy. Your
interactions with members are at your own risk. We don't conduct criminal
background checks on members.
Please review the full terms
provided by Rilly for complete information, as these simplified terms are for
clarity and may not cover all details and legal nuances.
13. DISPUTE RESOLUTION
This section explains how
disputes between you and Rilly will be resolved.
1.
When Does
This Arbitration Agreement Apply? It
covers all disputes related to the Terms, your use of Rilly, and more. Disputes
will be resolved through arbitration, except for certain exceptions like small
claims court or intellectual property disputes.
2.
Notice of
Dispute and Informal Resolution:
Before starting arbitration, both parties must inform each other of the dispute
in writing, allowing for a 60-day notice period. They should also make good
faith efforts to resolve the dispute informally. Offers and discussions during
this process are confidential.
3.
How Do You
Start The Arbitration Process? If the informal resolution fails, either party can
initiate arbitration by sending a notice with specific details about the
dispute. The notice must be sent by certified mail.
4.
What Are The Rules Of Arbitration? The Federal Arbitration Act governs this agreement. The applicable
arbitration provider depends on your location. The initiating party pays filing
fees. The arbitrator can grant various remedies and awards.
5.
No Jury
Trials: Both parties waive their
rights to a jury trial, and disputes will be resolved through arbitration.
There's limited court review of arbitration decisions.
6.
One At A Time: All
disputes must be arbitrated on an individual basis, not as class actions or
collective proceedings. There are exceptions for specific processes like mass
arbitrations.
7.
Mass Filings: Special rules apply if many similar arbitration
claims are filed within a certain time frame. Bellwether arbitrations, global
mediation, and batch arbitration may be used in such cases.
8.
Offer of
Judgment: Parties may make
settlement offers before the arbitration hearing. If an offer is not accepted,
and the claimant doesn't obtain a better result, they may have to pay the other
party's costs.
9.
Opt-Out: If you don't want to be bound by arbitration, you
can opt out within 31 days of becoming subject to the agreement. There are
specific instructions for opting out.
10.
Severability: If any part of this arbitration agreement is found
invalid, the rest of the agreement remains in force. However, non-waivable
rights for public injunctive relief may still be pursued in court.
11.
Survival of
Agreement: This arbitration
agreement remains in effect even after your relationship with Rilly ends.
14. Use of Third-Party
Integrations: If you use Snap Lenses
or similar AR features provided by Snap within the app, you are subject to Snap
Inc.'s Terms of Service, including an arbitration clause. If you don't agree
with Snap's terms, don't use these features.
15. Termination and
Remedies: These terms remain in
effect until terminated. You can delete your account anytime through the app's
settings. If you breach these terms or misuse the app, Rilly can take various
actions, including deleting your account or subscription without a refund.
16. Miscellaneous: These terms are the entire agreement between you and
Rilly and supersede any previous agreements. Rilly does not guarantee the
accuracy or availability of information on the app. You are responsible for
protecting your devices from viruses. Communications between you and Rilly may
be electronic. Rilly can change these terms, and your continued use constitutes
acceptance of any changes.
·
If any part of
the terms is found invalid, the rest remains in effect. No failure to enforce a
term is a waiver. You represent you're not in a prohibited country and not on
any U.S. prohibited party list.
·
The app operates
globally, so your data may be transferred to other countries. The app may
contain links to third-party websites, but Rilly isn't responsible for their
content.
·
You can't
transfer your rights under these terms, but Rilly can.
·
In case of
discrepancies between different language versions, the English version
prevails.
·
If you have
questions or complaints, you can contact Rilly at support@rilly.app.
·
Please note that
this summary is provided for convenience and does not replace the full terms
and conditions provided in the original text. It's advisable to review the
complete terms for comprehensive understanding.
**17. GOVERNING LAW AND FORUM.**
Subject to Section 13(3),
your access to the App, Our Content, and any Member Content, any claims arising
from or related to your relationship with Mostrom, LLC, and these Terms are
governed and interpreted by the laws of the State of Delaware. All claims
arising out of or relating to these Terms and/or your relationship with Mostrom,
LLC that, for whatever reason, are not submitted to arbitration, and all claims
or cases challenging the enforceability or applicability of the arbitration
provisions herein, will be litigated exclusively in the federal or state courts
of Newark, Delaware. You agree that such courts shall have personal
jurisdiction and venue and waive any objection based on an inconvenient forum.
You agree that you will not file or participate in a class action against us.
**18. MOSTROM, LLC.**
The Terms constitute a
binding legal agreement between you as a user (“you”) and Mostrom, LLC (“we” or
“us”).
**Effective date:**
The Terms were last updated
on: July 24, 2023.