Note that the "Supplementary Terms" contain specific additional regulations for certain jurisdictions such as the EU or California.
Effective Date: March, 2023
1. Personal Information We Collect
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
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
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;
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.
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.
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.
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
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:
Send you marketing communications (where this is required by law or where we otherwise elect to rely on consent).
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.
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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
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
CHAPTER 2. Ownership and Relevant Licenses Regarding Randou and Randou App
1. Ownership of Randou and Randou App
2. Scope of License Regarding Randou App
3. Scope of License Regarding Your Information
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. ◊
CHAPTER 3. Execution of Service Use Agreement
1. Execution of Service Use Agreement
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.
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
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.
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
2. Affiliated Partner Services
The Company may place advertisements of the Company and/or third parties within Randou.
Section2. Fee-Based Services
1. Purchase of Fee-Based Services
Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase:
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.
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
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
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
CHAPTER 8. Indemnification and Warranty Disclaimers
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
3. LIMITATION OF LIABILITY
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.
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.