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Privacy

Privacy Policy

Introduction

Randou. ("Company", “we”, “our”, or “us”) 7076 Peachtree Blvd, Peachtree Corners, Georgia 30071 respects your concerns about privacy. This Privacy Policy applies to the personal information we collect online through our video chatting service Randou ("Service") and is incorporated into and is subject to our Terms of Service which can be found at link. Please find below a summary of the key topics addressed in this Privacy Policy. For more detailed information on how we process your information, please click on the headings or continue to read below. Your use of the Service signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you may not use the Service and must immediately terminate your use of the Service.

Note that the "Supplementary Terms" contain specific additional regulations for certain jurisdictions such as the EU or California.

  • Personal Information We Collect
  • How We Use this Information
  • Sharing of Information
  • Retention of Personal Information
  • Your Choices
  • Your Rights
  • How We Protect Personal Information
  • Personal Information of Children
  • Contact Us
  • Updates to Our Privacy Policy
  • Supplementary Terms

PRIVACY POLICY

Effective Date: March, 2023

1. Personal Information We Collect

When we refer to “personal information” in this Privacy Policy, we mean information that relates to an identifiable individual. The following types of personal information are collected in connection with our Service:

Information You Provide Directly to Us or Third Parties

We may collect information directly from you or from other companies with whom you have a relationship. For example:

When you create an account and register for or use our Service, you will provide us with information such as, your name, nickname, email address, password, date of birth, gender, mobile phone number, Randou service ID.

When you login with a third party account, we receive information about you from third parties including from other companies such as Facebook, Apple and Google. For example, we will get access to information such as your Social Network Service (SNS) account information, email address, date of birth, gender, profile information of your SNS account and your friend list (depending on your choices).

When you start using the Service, we will collect user-generated contents, including comments, short messages, photographs, voice and videos(including captured picture thereof), that you choose to share, transmit, broadcast and/or upload on our platform.

When you win a prize from a promotional event, or when you decide to cash out, you will provide us with information such as, a copy of identification card, your name, account information

Information about Your Use of Our Service

In addition to the information you provide, we will collect information about your use of our Service through software on your devices and by other electronic means, including by the use of cookies (For more information, please see our Cookie Policy. This includes:

Device information: OS platform of your device, device information including type of device, brand, model and version of OS, IP address, advertising identifier, device language, device time zone, version of application that you are using, locale country and language of the device, the location (country and city) where you log in, your purchase history in application store, available languages, device capability, bandwidth, network type, and traffic to and from our websites, error-reporting information, the time the error occurred, the feature being used and the state of the Application when the error occurred.

Log information: Usage information, such as, URL, redirected URL, performance timing, referrer, network type, network info, charge status, ad block info, cookies and access history.

Location information: We will process your location or geographical information based on your consent or if permitted, where this is necessary to deliver the Service you have requested.

Service usage information: Details of your interactions with other users, details of interaction between you and the Service or you and our website, and other information about your use of our Service, such as bookmarks and visit history.

Links to Other Websites, Devices, Apps and Features

Our Service may enable you to connect to other websites, devices, apps and other features, which may operate independently from us and have their own privacy notices or policies. If you accessed a website, product or service provided by a third party, including through the Service or Company's website, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party.

2. How We Use this Information

Provision of our Service based on your contractual relationship with us

We process your personal information when this is necessary under our contract with you, to:

Provide you with our Service, and specific features you select when using our Service, which may require personalizing the content of our Service;

Identify and authenticate you so that you may use our Service and to prevent illegal or inappropriate use of the Service;

Restrict the collection of personal information of children under certain age as defined in this Privacy Policy;

Deliver to you any administrative notices, alerts and communications relevant to your use of the Service;

Effectively manage our relationship with our customers, including by communicating with you, responding to your queries, resolving technical issues, providing you with customer care support and sending you necessary information relating to our Services

Use of information for further purpose

To improve the Service, and to develop and offer new services;

To provide information about various events and opportunities to participate in the events, to provide advertising information;

To contact you via email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by the Company (you can contact through https://randou.appkodes.in/help); 

To collect statistics on the use of Service including Service usage history, access frequency and interaction between users, to analyze customer behaviors, build up customer usage patterns and profiles in order to identify regional and global user trends and optimize our offering to customers globally and to improve the Service and its environments using the statistics;

To protect against, identify, monitor and prevent fraud and other criminal activities, any other activities that may violate our Terms of Service or other applicable laws, or lead to claims or other liabilities.

To restrict use of Service that violates laws and our Terms of Service, to prevent use of Service that interfere with the operation of the Service, including fraudulent use, and to prevent account theft.

Other

Comply with and enforce requirements under applicable laws, relevant industry standards and our policies, including this Privacy Policy.

Comply with court orders and subpoenas, and respond to legally binding requests from government, law enforcement agencies, public authorities and/or regulators.

Protect our legal rights, including by handling complaints, obtaining legal advice and establishing, exercising or defending legal claims relating to us or other companies in our group and our Service;

3. Sharing of Information

We transfer or disclose your personal information to third parties as described below:

Affiliates, subsidiaries and personnel: We share your information with our personnel, including contractors and agents, and other companies in our group, to the extent this is necessary to provide our Service and to fulfil the purposes set out in Section 2 above.

Service providers: We also transfer or disclose your information to carefully selected companies that provide services on our behalf; for example companies that help us develop and operate systems for our Service, providers of IT services, security, hosting, analytics, mailing, billing or marketing services. These entities are only authorized to access and use your personal information to the extent this is necessary for them to provide us with their services and they are not allowed to use this information for other purposes.

Business advisors: We may share, for example, your information with our lawyers, accountants, business consultants, insurers, and auditors, to the extent it is necessary for them to provide us with their services.

Government authorities, judicial authorities, regulators or other third parties where required: We will disclose personal information to government authorities, judicial authorities, regulators or other third parties where we have a legal requirement to do so or where we believe this is necessary:

to comply with the law or respond to compulsory legal processes (such as a search warrant, subpoena or court order);

to verify or enforce compliance with the terms and policies governing our Service and to investigate fraud or other unlawful activity relating to the use of our Service or affecting our business, to the extent such disclosure is permitted by applicable data protection laws; and

to protect and defend our rights, property, and the security or safety of our business operations and those of any of our respective affiliates, staff, business partners, our customers or members of the public.

Corporate transactions: We may disclose your information to a third party (and their business advisors) in connection with any reorganization, restructuring, merger, acquisition or sale (including in the context of negotiations), dissolution, other transfer of assets, or in the event of a bankruptcy.

Other parties with your consent or on your request. In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you separately consent to or request such sharing.

Any information or content that you voluntarily disclose for posting to the Service ("User Contents") may become available to the public. Once you have shared User Contents or made it public, that User Contents may be re-shared by others. This Privacy Policy does not apply to such public information.

4. Retention of Personal Information

We take appropriate steps to ensure that we process and retain information in accordance with the following principles:

at least for the duration for which the information is used to provide you with our Service;

as required under law, a contract, or with regard to our statutory obligations (e.g., tax laws); or

only for as long as it is necessary for the purpose for which it was collected, is processed, or longer if required under any contract, by applicable law, or, in anonymized form, for statistical purposes, subject to appropriate safeguards. For example, if a dispute arises between you and Company or you fail to make payment for our Service, we may retain relevant information until such dispute is resolved or until such payment is made, respectively.

Where we process your information with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of your requests in order to respect them in future.

5. Your Choices

Where permitted we may contact you via email, phone call, text messages or push notifications through our mobile apps. To submit a request concerning the receipt of such communications from us, please contact us using the information specified in the “Contact Us” Section below.

You can unsubscribe from our marketing communications at any time by contacting us directly (see “Contact Us” section below). As noted in the Your Rights section below, you have the right to object to use of personal data for direct marketing purposes at any time.

Please note that if you unsubscribe from our marketing communications, we will still send you service messages to provide you with necessary information in relation to your contract and the Service you use (for example, to update you on changes to our Terms of Use).

6. Your Rights

To the extent provided by applicable law, you can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. You may also have the right to request that we delete personal information that we hold about you. You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date.

To the extent provided by applicable laws, you can also ask us to restrict or limit the processing of your personal information, as well as to provide you with personal information that we have collected from you so that you may use it for your own purposes, and to ask us to share (port) this data to another controller.

In addition, to the extent provided by applicable law, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement).

You also may have the right under applicable law to object at any time to the use of your personal information for direct marketing purposes, including profiling relating to direct marketing.

However, these rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make. To make a request concerning your rights or to make an inquiry, use the contact details under the “Contact Us” section below.

7. How We Protect Personal Information

We take the protection of your information seriously and we have in place safeguards designed to protect the information we collect through our Service. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system, or wireless connection is completely secure.

Please note, however, that the Service allows you to share text messages, photos, screenshots, videos and other communications in the Service with other users, and if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). The Service is not responsible for any use or misuse of information you share.

8. Personal Information of Children

The Service is not directed to children under the age of fourteen (14) and we do not knowingly solicit or collect personally identifiable information from children under the age of fourteen (14) as part of the Service. Additionally, we do not knowingly sell the personal information of children under the age of sixteen (16). If we become aware that we have inadvertently received personally identifiable information from a user under the age of fourteen (14) as part of the Service, we will immediately delete such information from our records. If you believe that a child under the age of fourteen (14) may have provided us with personal information, please contact us using the information specified in the “Contact Us” section below.

9. Contact Us

For more information about our privacy practices, or to exercise any rights you may have pursuant to applicable law, please contact us https://randou.appkodes.in/help 

10. Updates to Our Privacy Policy

We reserve the right at our discretion to make changes to this Privacy Policy from time to time. We will notify you before we make changes to this Privacy Policy. You may also review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Service and our website, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy.

If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you may not use the Service at any time.

Supplementary Terms

The following additional terms apply respectively to users having residence in or nationality of certain countries. In the event of any conflict between the following additional terms and the provisions of the main body of this Privacy Policy, the following terms shall prevail.

1. For Users Having Usual Residence in European Economic Area (EEA), UK or Switzerland

A. International Transfer of Personal Information

If you are a resident in the EEA (that is in the European Union and Iceland, Lichtenstein, Norway), UK or Switzerland, we will transfer your personal information to the Republic of Korea and other countries outside the EEA, UK or Switzerland including the United States, Turkey, Malta, Thailand, Egypt, India, Hong Kong and Columbia.

We are a company based in South Korea. Though there are no adequacy decisions between South Korea and your country of residence, the data transfer to Korea is nevertheless justified because all data we collect is also necessary to provide the Services.

Where we share your data with recipients as described, we will take appropriate measures, in compliance with applicable laws, to ensure that your personal information remains adequately protected. Such measures include for instance the use of EU approved Standard Contractual Clauses. In some instances, we will also rely on your explicit consent, where this is appropriate. To request more information or obtain a copy of the contractual agreements or other safeguards in place, use the contact details set out in the “Contact Us” Section.

B. How We Use this Information – additional information

The purposes and legal grounds for processing personal information are described above in section 2. In this section, we describe in which cases we will rely on consent:

Place cookies and use similar technologies in accordance with our Cookie Policy and the information provided to you when those technologies are used. For more information, see our Cookie Policy.

Send you marketing communications (where this is required by law or where we otherwise elect to rely on consent).

Provide you with customized advertisements of content, products and services that we think you would like, by analyzing information relating to your use of the Service combined with various information that you provide to us by other means, for the purposes consistent with this Privacy Policy. This may involve delivering marketing via various channels including through, email, our websites or mobile applications or on third party platforms (including social networks).

On other occasions where we ask you for consent, we will use the data for the purpose explained to you at that time. When we rely on your consent, you always have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing we carried out before you withdrew your consent. To exercise this right, please see the “Your Rights” section.

C. Personal Information of Children

For the users having usual residence in the EEA, UK or Switzerland, Section 8 should read as follows; Our Service is designed for a general audience and is not directed towards children. In connection with our Service, we do not knowingly collect or maintain personal information from anyone under the age of sixteen (16) or knowingly allow such persons to use our Service. If you are under sixteen (16), please do not attempt to register for our Service or provide us with any personal information. If we learn that a person under the age of sixteen (16) has provided us with any personal information, we will promptly delete such personal information. If you believe that a child under age sixteen (16) may have provided us with personal information, please contact us using the information specified in the “Contact Us” section.

 

Terms

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Terms and Conditions

 

Effective date: March 14, 2023

These terms of service (“Terms”) apply to any users (“Users” or “You”) using the current and future versions of the video communication service (“Randou”) owned and provided by Hyperconnect Inc. (the “Company, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. BY ACCESSING AND USING Randou, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF Randou.

The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries.

CHAPTER 1. General Provisions

1. Purpose

The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of Randou on Your personal computer or mobile device (collectively, “Device”), either by downloading the service application (the “Randou App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.

2. Changes to these Terms

The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of Randou and/or the Randou App after the effective date of a change to these Terms will constitute Your acceptance of the change. However, changes that benefit Users or changes due to legal reasons may become effective immediately.

3. Additional Terms

Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.

4. Notification and Communication to Users

  1. When the Company contacts the Users in relation to Randou, it will do so by posting on an appropriate space on the Company’s website, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
  2. If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages resulting from the User’s failure to do so.

CHAPTER 2. Ownership and Relevant Licenses Regarding Randou and Randou App

1. Ownership of Randou and Randou App

  1. Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in Randou, Randou App, service website, these Terms, Privacy Policy, User Guidelines and any related documentation and information (collectively, the “Company Assets”) belong solely to the Company.
  2. The Company Assets are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
  3. Any new releases, modifications, and enhancements to the Company Assets belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of Randou and the Randou App, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.

2. Scope of License Regarding Randou App

  1. The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the Randou App, in object code format, only on Your Device for the sole purpose of personally using Randou. You only obtain a license to use the object code version of the Randou App, and You do not have any right whatsoever in the original source code of the Randou App. You may only use the Company Assets for the sole purpose of personal use of Randou.
  2. If You use the Randou App in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Randou).

3. Scope of License Regarding Your Information

You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the Randou App in order to use Randou.

4. Content License

In the event You upload or otherwise provide video, audio (e.g., music or other sounds), pictures, photos, text (e.g. dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other type of materials (collectively, “Content”) on Randou, You hereby grant the Company and its affiliates a non-exclusive, perpetual, unlimited, royalty-free, worldwide, sub-licensable, irrevocable and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. ◊

5. Restrictions

  1. You only obtain a limited license to use the object code version of the Randou App.
  2. You shall not use the Company Assets for any commercial purposes.
  3. You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
  4. You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.
  5. You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Company Assets, in particular Randou and the Randou App, by any means whatsoever.
  6. You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
  7. You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.

CHAPTER 3. Execution of Service Use Agreement

1. Execution of Service Use Agreement

  1. The service use agreement between You and the Company is concluded when You register for service membership in accordance with the procedures set by the Company prior to using Randou and the Company accepts Your registration.
  2. In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
  3. The Company will accept Your registration for service membership pursuant to Paragraph (a) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account or deleting Your Content and personal information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Randou):
    1. Your service membership was created using a false or another person’s name;
    2. You entered false information or omitted information requested by the Company;
    3. You are under the age of 17; or
    4. Other instances in violation of relevant laws, regulations or standards set by the Company.

2. Eligibility

  1. Randou may not be used in any jurisdiction where such a type of services is prohibited.
  2. Randou is intended solely for users who are seventeen (17) years of age or older. Any attempt to access or use Randou by anyone under the age of seventeen (17) is strictly prohibited and shall be considered a material violation of these Terms.
  3. You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use Randou if You are deemed capable of understanding and complying with these Terms.

CHAPTER 4. Rights and Obligations of Parties

1. Prohibited Acts

You shall not engage in any illegal activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations.

  1. You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
  2. You shall not engage in any acts that cause impairments to Randou by damaging, disabling or overburdening the Company Assets.
  3. You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
  4. in using Randou, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing Randou:
    1. Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
    2. Acts that undermine, or are likely to undermine, public order or moral customs;
    3. Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), rights of reputation, privacy rights, or other statutory or contractual rights of the Company and/or third parties;
    4. Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
    5. Impersonation of the Company and/or third party, or intentionally disseminating false information;
    6. Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam;
    7. Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming or insulting other Users, or using Randou for any purpose other than those prescribed therein;
    8. Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
    9. Encouraging other Users to participate in religious activities or join religious organizations;
    10. Acts that interfere with the server and network system of Randou, acts of illegally manipulating Randou by using BOT, cheating tools, or other technical means, acts of intentionally using Randou’s system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of Randou;
    11. Generating data through recording, screen capturing, photographing, etc., in the course of using Randou, or leaking such generated data to a third party or distributing it through a third party; or
    12. Aiding or encouraging any of the acts falling under any of ix. through xi. above.
  5. You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
  6. You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
  7. You shall not use or access any of Randou by any means other than through the interface provided by Randou.
  8. You shall not exchange the right to use Randou for cash, property or other economic benefits other than as permitted by the Company.
  9. You shall not commit or engage in any acts that are in violation of these Terms, User Guidelines, etc.

2. Prevention of Unauthorized Use

The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of Randou, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.

3. Protection of Personal Information

The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy at https://Randou.app/home/us-en/privacy-policy.html

4. Feedback

Any comments, suggestions, or feedback relating to Randou and/or the Randou App (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to Randou and/or the Randou App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

5. Assignment

You are not allowed to assign any rights or obligations hereunder. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party.

CHAPTER 5. Use of ServicesSection1. Content of Service

1. General Provisions

  1. You use Randou under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within Randou. When You register a password for the use of Randou, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.
  2. The Company may change all or parts of Randou at any time if it deems it necessary to improve the performance or security of Randou, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of Randou’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of Randou, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given ex post facto. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof.
  3. The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of Randou provided by the Company. You may sometimes have to view unwanted advertisements using Randou. Such advertisements contribute to the Company’s ability to provide You with Randou free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on Randou or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of Randou, administrative messages and other advertisements.
  4. The Company employs its utmost efforts to provide the best service to the Users. However, Randou may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the Randou service screen, unless there is are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
  5. The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through Randou, including Your video chat screen.

2. Affiliated Partner Services

Randou may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.

3. Advertising

The Company may place advertisements of the Company and/or third parties within Randou.

Section2. Fee-Based Services

1. Purchase of Fee-Based Services

  1. Subscription Services

    The Company may offer additional services, such as discounts for a certain period of time, provision of a certain number of Products and so on, and relevant features on a subscription basis if You pay certain set prices (“Subscription Services”).

    Renewal and Cancellation of Subscription Services
    Subscription Services are renewed automatically. If You do not wish to renew, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period.

    Changes to Subscription Services
    The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change. However, if the Company cannot give prior notice due to unavoidable circumstances, such as the occurrence of a bug, device defect, or security issues, changes may be implemented without notice.

    Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.
  2. Gems and Coins
    Gems and Coins (collectively, “Gems, Etc.”) are granted to Users through purchase within Randou, promotions, or other methods designated by the Company. The Company shall determine and display on Randou the purchase units of Gems, Etc., payment methods, and other conditions for granting of Gems, Etc. However, Coins may only be purchased and/or used when using Randou through the service website.

    Exchange of Gems, Etc.
    Gems, Etc. may not be exchanged for cash, property or other economic benefits other than services and/or content designated by the Company. Terms and conditions for the exchange of services and/or content shall be determined by the Company and displayed on Randou.

    Transfer of Gems, Etc.
    Gems, Etc. may be used only on the account that acquired such Gems, Etc. and cannot be transferred to another account except through methods as acknowledged by the Company.

    Expiration Period of Gems, Etc.
    Gems, Etc. may be used for five (5) years from the date of purchase and will expire after five (5) years from the date of purchase. However, the expiration period for Gems, Etc. that Users acquired through methods other than purchasing shall be in accordance with the conditions determined by the Company.
  3. Payment of Charges
    If You purchase any Subscription Services, Gems, Etc. and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.
    You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.
    You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.
    The Company cannot change the settings of Your Device. If You, based on Your own judgement, purchase Products, such as Subscription Services and/or Gems, Etc., by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.
  4. Liability for Payment Using Third-Party Payment Processing Methods
    You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.
    The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.
    Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.

2. Refunds

Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:

  1. Products that are in the possession of any Users whose use of Randou has been suspended due to a violation of these Terms or illegal acts;
  2. Products which have been used in whole or in part;
  3. Products that were purchased more than five (5) years ago;
  4. Products that remain at the time of one (1) year from Your last use of Randou; and
  5. Products that are in the possession of any Users who have terminated use of Randou or removed the Randou App.

You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services after the subscription period commences, a penalty (10% of the charges corresponding to the remaining subscription period) will be incurred for cancellation, as well as any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed. In addition, at the time of cancellation, if You have already used any Products and/or Items that You received as part of the Subscription Services, the costs for such used Products and/or Items may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Products that were granted as part of such Subscription Services may be reclaimed by the Company.

In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.

Minors

If a User is a minor (under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.

CHAPTER 6. Third Parties Relating to Service Use

1. Third Party Beneficiaries

If You download the Randou App from an Application Store, You acknowledge and agree that the Application Store is a third party beneficiary of these Terms, and that, upon Your acceptance of these Terms, the Application Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary hereof. You agree that Your license to use Randou and/or the Randou App is conditioned upon Your compliance with all applicable third-party terms of agreement, including those of any Application Store, as may be applicable.

2. Authority to Use Bandwidth and Device

  1. If Your use of Randou is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
  2. You must own or have the legal right to control the use of the Device to which You are downloading the Randou App and/or through which You are accessing the website that provides Randou. You must delete the Randou App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device. You will be solely responsible for any problems that may result from Your failure to delete the same.

3. Use of Third-Party Software

These Terms also apply to Your use of any third-party software or technology that is incorporated in Randou.

4. No Access to Emergency Communication Services

Randou does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that Randou is not a replacement for Your primary telephone service.

5. Third-Party Fees

If You use Your native SMS application to deliver messages or invitations to people who are not registered users of Randou and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.

6. Third-Party Sites, Products, and Services

Randou may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.

CHAPTER 7. Termination of Service and Restrictions of Use

1. Termination of Service by You

You may terminate Your use of Randou at any time by uninstalling and deleting the Randou App from Your Device. If You wish to delete Your account, You may do so through “About Randou > Delete Account” in the Settings of the Randou App. IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occur as a result of Your failure to do so will be Your sole responsibility.

2. Termination of Service by the Company

  1. If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of Randou and/or suspend, temporarily or permanently, Your account. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service provision:
    1. If You use Randou and/or the Randou App in a manner that exceeds the scope permitted under Chapter 2, or You are in breach of Article 2, Chapter 3 and/or Article 1, Chapter 4 of these Terms;
    2. If You commit illegal acts such as piracy, fraud, defamation, violation of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and/or the Act on the Protection of Children and Youth Against Sexual Offenses, etc.;
    3. If You commit or engage in account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
    4. If any purchase of Products has been cancelled pursuant to Article 3, Section 2, Chapter 5;
    5. If You infringe a third party’s intellectual property rights, moral rights, propriety rights, etc.; or
    6. If the Company reasonably deems that You have committed an act that is immoral in light of social norm.
  2. The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of Randou).
  3. The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to Randou, if You have not logged on or accessed Randou for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to Randou. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.

CHAPTER 8. Indemnification and Warranty Disclaimers

1. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF Randou AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR USE OF Randou AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO Randou. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.

2. WARRANTY DISCLAIMERS

  1. Randou is provided to You "AS IS" and "AS AVAILABLE" with no warranties. The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
  2. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF Randou, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by uninstalling the Randou App from Your Device and ceasing Your use of the same.
  3. THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT Randou AND/OR THE Randou APP WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide Randou to You.
  4. THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH Randou AND/OR THE Randou APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

3. LIMITATION OF LIABILITY

  1. EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF Randou AND/OR THE Randou APP. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
  2. ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of Randou; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.

4. BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 8) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 8) SET FORTH HEREIN.

5. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

CHAPTER 9. Interpretation of Terms, Governing Law and Dispute Resolution

1. Entire Agreement

These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

2. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

3. Injunctive Relief, etc.

You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.

4. Interpretation

These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.

5. Governing Law and Jurisdiction

In principle, these Terms are governed by the laws of the Republic of Korea, and You consent and agree to the exclusive jurisdiction of the Seoul Central District Court with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.



Additional Information: To receive information or technical support for Randou, please contact via https://randou.appkodes.in/help 

© Randou LLC. All rights reserved.

 


Supplementary Terms

U.S. SUPPLEMENTAL TERMS AND CONDITIONS

These U.S. Supplemental Terms and Conditions (in this Section D., together with the Randou Terms of Service, the “Terms”) apply if You are accessing or using Randou from within United States (including any of its territories and possessions). To the extent there exists any conflict between these Supplemental Terms and the Randou Terms of Service, these Supplemental Terms shall prevail. For purposes of these Supplemental Terms, the term “Randou” includes, without limitation, the Randou App itself, as made available by the Company.

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS WITH RESPECT TO DISPUTES.

1. Applicable Law

The Terms, their subject matter, their formation, and any arbitration proceeding outlined below, are governed by the laws of the state of New York, without regard to its conflict of laws provisions.

2. Eligibility

If You are over the age of seventeen (17) but under the age of eighteen (18), Your parent or guardian must agree to be bound by these Terms on Your behalf. The Company reserves the right to decline Your registration for service membership if You do not meet the minimum age requirement set forth in these Terms.

If You are using Randou on behalf of a business or entity, then You agree, represent and warrant that (a) You are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (b) Your business or entity is legally responsible for Your use of Randou as well as for the use of Your account by other individuals authorized by Your business or entity, including without limitation, any authorized employees or officers.

3. Content; Licenses; Location Data

Your Content. You agree not to post any personal contact information, banking information, or sponsored or promotional content on your individual profile page. Without limiting the foregoing, if you do choose to reveal any personal information about Yourself to other users, You do so at your sole risk.

License. By using Randou, and whenever You upload, stream, post or otherwise provide Content on, to, or through Randou, You hereby grant to the Company and its affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license to (a) display Your Content within Randou; (b) allow other users of Randou to view, access, and play Your Content, (c) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes the Company makes so that Your Content is compatible with Randou), communicate, publish, publicly perform, publicly display and distribute Your Content without compensation to You or others, (d) sublicense and pass these rights along to service providers and others with whom the Company has contractual relationships related to the operation of Randou (e.g., cloud hosting providers) and to otherwise permit access to or disclose Your Content to the extent set forth in the Terms, and (e) use Your user name, image, voice, and likeness to identify You as the source of any of Your Content, and You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Content.

Other Users’ Content. You may only use other users' information and Content for purposes of meeting with others consistent with the purposes and policies of Randou. You may not use other users' information for commercial purposes, to spam, to harass, to make unlawful threats, or in any other manner inconsistent with applicable laws. The Company reserves the right to terminate Your account immediately, and without notice, if You misuse other users' information or Content.

Location Data. Certain Content, services and materials may be made available to You based on Your location. If You have disabled, or have not authorized Randou to access, location data services on Your Device, location-specific Content, services and materials will not be available to You.

4. Items and Products; Subscription Services

Access to certain Products may not be available in Your jurisdiction. You acknowledge and agree that the Company has the right, in its sole discretion, to manage, modify, update, or cancel, in whole or in part, any Products, or programs under which Products may be purchased, used or redeemed, at any time. However, if the Company modifies, updates or cancels any Products, or programs under which Items or Products may be purchased, used or redeemed, in a manner that materially diminishes the value of any Subscription Services You have purchased, the Company will notify You of the relevant change or cancellation, by in-app notice and/or by email notice to the email address associated with Your user account, at least seven (7) days in advance of the proposed effective date of the change, and, notwithstanding anything to the contrary set forth in the Terms, You may cancel any affected Subscription Services at any time prior to the effective date of the change or cancellation without liability. If You do not cancel the Subscription Services within such seven (7) day time period, You will be deemed to have assented to the relevant Product or program changes and, to the extent applicable, continued participation in the Subscription Services.

The following provisions apply in lieu of (and supersede and replace) paragraph 2 of Chapter 5, Section 2 of the Randou Terms of Service (Refunds):

Unless otherwise specified in these Terms or required under applicable law, any Products including without limitation the following are not refundable, in any event, after purchase:

  1. Products that are in the possession of any Users whose use of Randou has been suspended due to a violation of these Terms or illegal acts;
  2. Products which have been used in whole or in part;
  3. Products that were purchased more than five (5) years ago;
  4. Products that remain at the time of one (1) year from Your last use of Randou; and
  5. Products that are in the possession of any Users who have terminated use of Randou or removed the Randou App.

If You choose to cancel Your Subscription Services after the subscription period commences, the Company will determine whether You are eligible for any refunds in its sole discretion and will deduct from any amounts refundable to You a termination fee equal to the sum of (a) 10% of the charges corresponding to the remaining subscription period, or the highest amount permitted under applicable law, whichever is lesser, (b) any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed, and (c) if, at the time of cancellation, You have already used any Products, Etc. that You received as part of the Subscription Services, the costs for such used Products, Etc. (collectively, the “Termination Fee”). The parties intend that the foregoing amounts constitute compensation, and not a penalty, and that the foregoing amounts are a reasonable estimate of the anticipated or actual harm to the Company that would result from Your early cancellation of Subscription Services. Your payment of the foregoing amounts is the Company’s exclusive remedy for early cancellation of the relevant Subscription Services. For clarity, except to the extent applicable law requires otherwise, the Company is not required to provide refunds, benefits, or other compensation if You cancel Your Subscription Services during the subscription period.

In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.

Except as expressly set forth in these Terms, the Company is not required to provide refunds, benefits, or other compensation to You in connection with any discontinued elements of Randou or for Gems, Etc. or other Products previously purchased.

5. Third Party Disputes

To the fullest extent permitted by law, You acknowledge and agree that any claim or dispute You have with any other third party in connection with Randou (including without limitation any other user of Randou or any third party provider of materials or links appearing on Randou) is between You and such third party and You irrevocably agree to indemnify, release and hold harmless the Company and its affiliates, and its and their officers, directors, employees, contractors and suppliers from any and all claims, demands and/or damages arising out of any such claim or dispute.

6. Feedback

You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that You may have in and to any and all Feedback.

7. Removal of Content; Suspension or Termination of Access

Without limiting the Company’s rights under the Randou Terms of Service, if You violate or are suspected of violating any laws, regulations, these Terms, and other policies applicable to Your use of Randou, the Company may take appropriate measures (including suspending or blocking Your account, revoking all or a portion of Your access rights, or reporting Your conduct to authorities) immediately, without notice to You (notwithstanding anything to the contrary set forth in the Randou Terms of Service). In addition, the Company reserves the right to moderate, block or remove, with or without notice to You, Your Content, for any reason, including without limitation if the Company receives complaints from other users or a third party relating to Your Content.

You acknowledge and agree that Randou is not a storage service. If You choose to deactivate Your account or Your account is terminated by the Company for any reason, You will not be able to reactivate Your account or retrieve any of the Content or information associated with Your account. As a result, the Company recommends that You save copies of any Content or other information associated with Your account on Your personal device.

Notwithstanding the foregoing paragraph, You acknowledge and agree that the Company and its affiliate companies may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

  • comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
  • enforce these Terms;
  • respond to claims that any content violates the rights of third parties; or
  • protect the Company’s rights, property and/or the personal safety of the Company’s users and/or the public.

You understand that even if You remove Your Content from Randou, the Company may not be able to prevent any other users from storing or archiving any of Your Content that You have shared via Randou.

8. Copyright

The Company respects the intellectual property rights of others and asks You to do the same. As a condition of Your access to and use of Randou, the Company reserves the right, with or without notice, at any time and in the Company’s sole discretion, to block access to or terminate the accounts of any User who infringes upon or is alleged to infringe upon any intellectual property rights of any person or entity.

If the Company receives a complaint alleging copyright infringement relating to Your Content, the Company may delete or block access to the relevant Content without notice to You, and You shall be solely liable for any damages or other consequences caused by such infringement allegations.

If You are a copyright owner or an agent thereof and believe any Content provided through Randou infringes upon Your copyrights, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to https://randou.appkodes.in/help containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that You claim has been infringed, (c) a description of where the material that You claim is infringing is provided through Randou, (d) Your address, telephone number, and email address, (e) a written statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. You acknowledge that if You fail to comply with all of the above requirements of this Section, Your DMCA notice may not be valid.

In the event Your Content is removed in response to a DMCA complaint, You will receive information on how to file a counter-notice. Notices described in this Section are legal notices separate from the Company’s regular activities or communications and are not subject to the Privacy Policy.

9. Dispute Resolution

ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

  • Arbitration Agreement . Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of Randou, or relating in any way to the communications between You and the Company or any other user of Randou, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to You and the Company. However, this arbitration agreement does not (a) govern any Claim by the Company for infringement of its intellectual property or access to Randou that is unauthorized or exceeds authorization granted in these Terms or (b) bar You from making use of applicable small claims court procedures in appropriate cases. If You are an individual, You may opt out of this arbitration agreement within thirty (30) days of the first of the date You access or use Randou by following the procedure described below.
  • You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
  • The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.)
  • The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including without limitation any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
  • The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
  • If the value of Your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of Your claim or the relief sought was frivolous or brought for an improper purpose.
  • If You do not want to arbitrate disputes with the Company and You are an individual, You may opt out of this arbitration agreement by contacting https://randou.appkodes.in/help  within thirty (30) days of the first of the date You access or use Randou.
  • CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
  • If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial.

10. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of Randou receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

11. New Jersey Residents

The laws of the State of New Jersey may further limit the limitations of liability set forth in the Terms. In such case You explicitly agree that the Company’s (or any other released party’s) liability to You shall apply to the maximum extent permitted by the laws of the State of New Jersey.

12. Exports

You agree that You will not export or re-export, directly or indirectly, the Randou App or any other portion of the products, services, or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, neither Randou nor any of the foregoing products, services, information or materials may be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including without limitation the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.

13. U.S. Government Rights

The Randou App and all related technology and documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 



 

 

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