Terms & Conditions
Revision Date – This Agreement was last revised on August 10, 2017.
Welcome to On the Beachh, a dating app operated by On the Beach LLC (“On the Beachh”). This is a legal agreement (“Agreement”) between you and On the Beachh. By using our website, http://www.onthebeachh.com (“Website”) or our mobile app through a computer or a mobile device (collectively, “the Service”), you agree to these terms and conditions regardless of having an On the Beachh account. This Agreement is subject to change by On the Beachh in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the top of this Agreement to determine when the Agreement was last revised.
1. Minimum Age – You must be at least 18 years old to use the Site and to register for the Services. By registering to the Services, you represent and warrant that you are at least 18 years old.
2. Criminal History – By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity.
Use of Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
1. Term and Termination – This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect while you use the Service and/or have an On the Beachh account. You may delete your account by selecting delete profile from the Preferences page within the mobile app. On the Beachh may terminate your account at any time, it determines that you have breached this Agreement or for any other reason, with or without cause without explanation, at its sole discretion. On the Beachh is not required to disclose and may be prohibited by law from disclosing the reason for the termination of your account.
3. Geographical Limitations – Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
4. Account Use and Security – Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process. You acknowledge that On the Beachh is not responsible for third party access to your account that results from theft or misappropriation of your LinkedIn login credentials you use to sign up for On the Beachh. You agree to immediately notify On the Beachh of any disclosure or unauthorized use of your login credentials at email@example.com.
5. Account Information Submitted – You represent and warrant that all information that you submit upon creation of your account, including information submitted from your LinkedIn and Facebook accounts is accurate and truthful. If information submitted to On the Beachh subsequently becomes inaccurate, incomplete, misleading or false, you will immediately notify On the Beachh of any such changes at firstname.lastname@example.org.
6. Content Posted in the Service – You are solely responsible for, and assume all liability regarding:
a. The information and content you contribute to the Service; and
b. The information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) on the Services or transmit to other users, including text messages, chat, photographs or profile text (hereinafter, “content”); and
c. You may not post or transmit to On the Beachh users or any other users (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, any rights or privacy and publicity).
7. Risks, Assumptions and Precautions – You assume all risk when using the Services, including but not limited to interactions with other users, specifically if you decide to communicate off the Service or meet in person. You agree to take all necessary precautions when meeting individuals through our service. You recognize that On the Beachh does not verify the statements of its users. You understand that the On the Beachh makes no guarantees regarding your ultimate compatibility with any current or future users. Additionally, On the Beachh makes no guarantees as to the number or frequency of matches through our service, or to such matches’ ability, desire or criteria to communicate with any user. On the Beachh reserves the right to conduct any criminal background checks or other screens at any time. On the Beachh is not responsible for the conduct of any user. At no event, shall On the Beachh, its affiliates or partners be liable, directly or indirectly, for any losses or damages whatsoever whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting in from communications or meetings with other users through the Service. You should not provide your financial information (e.g. credit card, bank account) or wire or otherwise send money, to other users.
8. Reporting Suspicious Behavior and Violations – You will promptly report any violation of the Agreement by others, including but not limited to, Registered Users, to On the Beachh. Examples of violations include fraudulent profiles and users sending harassing or offensive messages or images.
9. Non-commercial Use – The Service is for personal use only. Users may not advertise or solicit any user to buy or sell any products or services through the Service. Users may not solicit others to attend parties, social or networking events for commercial purposes. Furthermore, users cannot use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection, to On the Beachh may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means.
10. Customer Service – On the Beachh provides support through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, intimidating, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. As noted, if we feel that your behavior towards our employees, is at any time inappropriate or offensive, we reserve the right to immediately terminate your account.
11. Proprietary Rights – to On the Beachh owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of On the Beachh and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of On the Beachh or, if such property is not owned by On the Beachh, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Disclaimer of Warranty
1. No Warranty – TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ON THE BEACHH PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ON THE BEACHH DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ON THE BEACHH DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES
2. Third Party Content – On the Beachh may make third party content, opinions, advice, statements, offers, or other information or content made available through the Services. All third-party content is the responsibility of the respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. ON THE BEACHH DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL ON THE BEACHH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
3. Beta Features – As part of enhancing its Services, On the Beachh may offer new “beta” features or functionality which its users may experiment on the Service. Such features are offered for experimental purposes only and without warranty of any kind. These features may be modified or discontinued at any point in time without providing notice to the users.
Limitation of Liability
IN NO EVENT WILL ON THE BEACHH, ITS ASSOCIATES, BUSINESS PARTNERS OR SERVICE PRODIVERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ONE THE BEACHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless On the Beachh, its associates, business partners, service providers, officers, employees, attorneys, agents and third parties, for any losses, costs, liabilities and expenses including reasonable attorney’s fees relating to or arising out of your breach of this Agreement, your use of or inability to use the Site or Services, any postings and content you post in the Service, and your violation of any applicable laws, rules or regulations. On the Beachh reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with On the Beachh in connection therewith.
Controlling Law – You agree that Michigan law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in Michigan.