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Last Modified: January 09, 2024

Acceptance of the Terms of Use

Terms

1. Acceptance of Terms of Use Agreement. By creating a Hookup Inc, 8 The Green #8735, Dover, DE 19901, account or by using the Hookup iMessage app (“Hookup Stacks”), whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users provided for in Section 16), you should not use the Service. We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on goHookup.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Hookup, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility. You must be at least 18 years of age to create an account on Hookup and use the Service. By creating an account and using the Service, you represent and warrant that: you can form a binding contract with Hookup, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Your Account. In order to use Hookup, you may sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Hookup users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Hookup, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@goHookup.com.

4. Hookup Stacks. Hookup Stacks is an iMessage app that allows users to have a Hookup-like experience outside of Hookup. Through Hookup Stacks, you can select photos from your mobile device to create your own card stack to share with your contacts. Contacts who have Hookup Stacks will be able to vote on the photos by swiping right, swiping left or using the voting buttons. Hookup Stacks operates separately from the main Hookup experience, so when you use Hookup Stacks, you aren’t creating an account, logging in with Facebook, sharing your Facebook details with us or creating a profile that will be shown on Hookup.

5. Modifying the Service and Termination. Hookup is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Hookup may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Hookup: Section 5, Section 6, and Sections 13 through 20. 6. Safety; Your Interactions with Other Users. Though Hookup strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Hookup’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT Hookup DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Hookup MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. Hookup RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT Hookup MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. 7. Rights Hookup Grants You. Hookup grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Hookup and permitted by this Agreement. Therefore, you agree not to: use the Service or any content contained in the Service for any commercial purposes without our written consent. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Hookup’s prior written consent. express or imply that any statements you make are endorsed by Hookup. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service. upload viruses or other malicious code or otherwise compromise the security of the Service. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service. “frame” or “mirror” any part of the Service without Hookup’s prior written authorization. use meta tags or code or other devices containing any reference to Hookup or the Service (or any trademark, trade name, service mark, logo or slogan of Hookup) to direct any person to any other website for any purpose. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so. use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent. use, access, or publish the Hookup application programming interface without our written consent. probe, scan or test the vulnerability of our Service or any system or network. encourage or promote any activity that violates this Agreement. The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. 8. Rights you Grant Hookup. By creating an account, you grant to Hookup a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Hookup’s license to your Content shall be non-exclusive, except that Hookup’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Hookup would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Hookup can prevent the use of your Content outside of the Service, you authorize Hookup to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Hookup users). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Hookup above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. In consideration for Hookup allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Hookup regarding our Service, you agree that Hookup may use and share such feedback for any purpose without compensating you. You agree that Hookup may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person. 9. Community Rules. By using the Service, you agree that you will not: use the Service for any purpose that is illegal or prohibited by this Agreement. use the Service for any harmful or nefarious purpose. use the Service in order to damage Hookup. violate our Community Guidelines, as updated from time to time. spam, solicit money from or defraud any users. impersonate any person or entity or post any images of another person without his or her permission. bully, “stalk,” intimidate, assault, harass, mistreat or defame any person. post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right. post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission. use another user’s account. create another account if we have already terminated your account, unless you have our permission. Hookup reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Hookup regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. 10. Other Users’ Content. Although Hookup reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Hookup cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via help@goHookup.com. 11. Purchases. In App Purchases. From time to time, Hookup may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Hookup (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Hookup application from your device. Deleting your account on Hookup or deleting the Hookup application from your device does not cancel your subscription; Hookup will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account. Hookup Online Purchases. If you choose to make a purchase through Hookup Online, you agree to pay Hookup all charges at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Hookup to charge your chosen payment provider (your “Payment Method”). Hookup may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Hookup may terminate your account immediately in its sole discretion. If you purchase a subscription through Hookup Online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile” on Hookup Online and follow the instructions. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. You may edit your Payment Method information by visiting Hookup Online and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Hookup will be through MTCH Technology Services Limited. Super Likes and Other Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” including but not limited to Super Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Hookup ceases providing the Service or your account is otherwise closed or terminated. Hookup, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Hookup may manage, regulate, control, modify or eliminate Virtual Items at any time. Hookup shall have no liability to you or any third party in the event that Hookup exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Hookup that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT Hookup IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Hookup) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Hookup. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Hookup Online: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Hookup Online (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Hookup, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA (in addition, Ohio users may send a facsimile to 214-853-4309). 12. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material); your contact information, including address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@match.com, by phone to 214-576-3272 or via mail to the following address: Copyright Compliance Department c/o Hookup Group Legal 8750 N. Central Expressway, Suite 1400 Dallas, Texas 75231 Hookup will terminate the accounts of repeat infringers. 13. Disclaimers. Hookup PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Hookup DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. Hookup TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Hookup DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE. 14. Third Party Services. The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Hookup is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Hookup is not responsible or liable for such third parties’ terms or actions. 15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Hookup, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Hookup HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Hookup’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Hookup DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST Hookup, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 16. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver. Except where prohibited by applicable law: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims, shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Hookup in a small claims court of competent jurisdiction in the county in which you reside, or in Dallas County, Texas. Such arbitration shall be conducted by written submissions only, unless either you or Hookup elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Hookup. By accepting this Agreement, you agree to the Arbitration Agreement in this Section 16 (subject to existing users’ limited one-time right to opt out within thirty (30) days, discussed below). In doing so, BOTH YOU AND Hookup GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and Hookup (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, without limitation, any past, pending or future class actions, including those existing as of the date of this Agreement, which include without limitation: Allan Candelore v. Hookup, Inc., Los Angeles Superior Court, State of California, County of Los Angeles, Case No. BC583162 (generally claiming, on behalf of California citizens who subscribed to Hookup Plus when they were at least 30 years old that Hookup violated the California Unruh Civil Rights Act by charging older subscribers a higher price than Hookup charged subscribers younger than 30); Candelore v. Hookup, Inc., Los Angeles Superior Court, State of California, County of Los Angeles, Case No. BC641358 (generally claiming on behalf of California citizens who subscribed to Hookup Plus that Hookup violated the California Unruh Civil Rights Act by charging them less than subscribers of a different nationality and for other allegedly unlawful reasons); Kim v. Hookup, Inc., United States District Court, Central District of California, Case No. 2:18-cv-03093 generally claiming, on behalf of California citizens who subscribed to Hookup Plus when they were at least 30 years old that Hookup violated the California Unruh Civil Rights Act by charging older subscribers a higher price than Hookup charged subscribers younger than 30); Hawkins v. IAC/Interactivecorp dba Hookup, Circuit Court for the State of Oregon, Multnomah County, Case No. 18-CV-09778 (generally alleging violations of Oregon law relating to discrimination against transgender individuals). This list may not be exhaustive, and there may be other currently pending actions against Hookup. If you assert a claim against Hookup outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for Hookup. Both you and Hookup are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures. The Jurisdiction and Venue provisions in Sections 17 and 18 are incorporated and are applicable to this Arbitration Agreement. As you decide whether to agree to this Arbitration Agreement, here are some important considerations: Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the Consumer Arbitration Rules of the American Arbitration Association. Arbitration does not limit or affect the legal claims you as an individual may bring against Hookup. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved. Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether Hookup or you will be required to pay or split the cost of any arbitration with Hookup, based on the circumstances presented. IMPORTANT: THERE ARE NOW, AND MAY BE IN THE FUTURE, LAWSUITS AGAINST Hookup ALLEGING CLASS AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF INCLUDING BUT NOT LIMITED TO CLASS ACTIONS DESCRIBED IN THIS SECTION 16, WHICH IF SUCCESSFUL, COULD POTENTIALLY RESULT IN SOME MONETARY OR OTHER RECOVERY TO YOU, IF YOU ELECT TO OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT. THE MERE EXISTENCE OF SUCH CLASS AND/OR REPRESENTATIVE LAWSUITS, HOWEVER, DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED, OR, EVEN IF SUCCESSFUL, THAT YOU WOULD BE ENTITLED TO ANY RECOVERY. You will be precluded from bringing any class or representative action against Hookup, unless you timely opt out of the retroactive application of this Arbitration Agreement, and you will also be precluded from participating in any recovery resulting from any class or representative action brought against Hookup, in each case provided you are not already bound by an arbitration agreement and class action waiver previously agreed to with Hookup. WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION. Existing Users Limited One-Time Right To Opt Out Of The Retroactive Application of the Arbitration Agreement NOTE: THIS OPT OUT SECTION DOES NOT APPLY TO NEW USERS (E.G., USERS WHO CREATE AN ACCOUNT AFTER May 8, 2018) OR EXISTING USERS WHO MAKE A PURCHASE AFTER May 8, 2018 OR ANY CLAIMS OR DISPUTES ARISING AFTER May 8, 2018. IF YOU ARE AN EXISTING USER OF Hookup, AND IF YOU DO NOT AGREE TO BE SUBJECT TO THIS ARBITRATION AGREEMENT ON A RETROACTIVE BASIS, YOU MUST OPT OUT OF THE RETROACTIVE APPLICATION OF THIS ARBITRATION AGREEMENT WITHIN THE NEXT 30 DAYS, IN THE FOLLOWING SPECIFIED MANNER: By sending an e-mail to Hookupoptout@match.com within the next 30 days. The e-mail opt out must contain the following to be effective: your full name, address, email address and/ or phone number associated with your Hookup account, and a statement that you are opting out of the Retroactive Application of this Arbitration Agreement. Should you not opt out of the retroactive application of this Arbitration Agreement within the next 30 days, you and Hookup shall be bound by the terms of this Arbitration Agreement, including its retroactive effect. You have the right to consult with counsel of your choice (at your cost) concerning this Arbitration Agreement. IF YOU OPT OUT OF THE RETROACTIVE EFFECT OF THIS ARBITRATION AGREEMENT, YOU WILL STILL BE SUBJECT TO AND BOUND BY ANY PRIOR ARBITRATION AGREEMENTS/ PROVISIONS YOU PREVIOUSLY AGREED TO WITH Hookup AS WELL AS THIS ARBITRATION AGREEMENT ON A GOING FORWARD BASIS. 17. Governing Law. Except where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Hookup. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act. 18. Venue. Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Hookup that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and Hookup consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum. 19. Indemnity by You. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Hookup, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement. 20. Entire Agreement; Other. This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Hookup regarding your relationship with Hookup and the use of the Service, with the following exception: anyone who opted out of the retroactive application of Section 16 is still subject to and bound by any prior agreements to arbitrate with Hookup as well as this agreement to arbitrate on a going forward basis. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Hookup to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Hookup account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Hookup in any manner.

Prohibited Activities:

Solicitation: Hookup maintains a strict no-solicitation policy. Members are prohibited from using the app and website to solicit others for services or activities of any nature. The platform is designed for genuine connections and interactions, and any form of solicitation undermines the integrity and purpose of our community.

Escort Services: We firmly prohibit the promotion, solicitation, or engagement in any escort services on our platform. Hookup is committed to fostering meaningful and authentic relationships, not commercial activities or transactions. Any profile or activity suggestive of escort services will be subject to immediate review and potential removal from our platform.

Additional Terms: Policy on Reporting Solicitation, Escort Services, and Monetary Requests

At HookUP.com, fostering a secure and respectful environment is our utmost priority. We strictly prohibit solicitation, escort services, or monetary requests, whether communicated directly between members or posted within a member’s profile. To ensure the safety and integrity of our community, we have established a clear reporting procedure.

If you encounter any member soliciting prostitution, offering escort services, requesting money, or if you find such content within a member’s profile information, we urge you to take immediate action:

1. Locate the Report Feature: Visit the profile of the member in question. Find and click the ‘Report’ button, typically visible on every member’s profile page.

2. Choose the Relevant Category: After clicking the ‘Report’ button, you will be prompted to select a reason for your report. Choose ‘Solicitation / Escort / Requesting Money’ from the list of options to indicate the nature of the violation accurately.

3. Submit Your Report: Once you’ve selected the appropriate category, confirm your action by clicking the ‘Report’ button to finalize your submission. This notifies our team, who will then review the report and take necessary actions in alignment with our community guidelines.

We rely on our members to help us maintain the standards of our community. Your attentiveness and prompt reporting are crucial in tackling inappropriate behavior and content. Each report is treated with the utmost seriousness and discretion by our dedicated team.

By participating in this vigilant reporting process, you contribute significantly to the safety and positive experience of all members on HookUP.com. We are grateful for your commitment to upholding the standards of our community and ensuring that HookUP.com remains a safe and welcoming space for genuine connections. Thank you for your cooperation and responsible membership.

Human Trafficking: Hookup unequivocally condemns human trafficking in all its forms. We do not tolerate any activities, behaviors, or content that may be indicative of, or contribute to, human trafficking. We are dedicated to the safety and well-being of our members and will cooperate with law enforcement authorities to address any such issues that are brought to our attention.

Sexual Services and Explicit Content: Our platform explicitly forbids the solicitation of sexual services, including but not limited to in-person meetings for sexual purposes, sexual massages, or the exchange of naked pictures or explicit content. Hookup is a place for respectful and appropriate interactions, and we expect all members to adhere to these standards to maintain a safe and welcoming environment.

Members found to be engaging in any of these prohibited activities may face immediate suspension or permanent banning from Hookup. We encourage our community to report any suspicious or inappropriate activities to help us ensure a safe and positive experience for everyone.

Content Moderation Policy

In our ongoing commitment to maintaining a safe and respectful platform for all users, we employ a robust Content Moderation Policy. Utilizing the advanced capabilities of Amazon Rekognition Content Moderation, our system automates and streamlines the moderation of images and videos. This state-of-the-art machine learning (ML) tool allows us to process vast volumes of visual content effectively and efficiently, identifying and addressing inappropriate or unwanted material.

Amazon Rekognition’s fully managed APIs, coupled with customizable moderation rules, enable us to uphold the highest standards of user safety and compliance. This technology requires no ML experience on our part, ensuring that our focus remains on delivering a secure and positive experience for our community.

Moreover, this solution aligns with our dedication to operational efficiency ensuring that our resources are optimally allocated towards keeping our platform safe and our users protected.

Additionally, we recognize the invaluable role our members play in maintaining the integrity of our community. We encourage and rely on our members to report any images, video content, or members that do not adhere to our strict member and content guidelines. This collaborative effort is crucial in fostering a safe, respectful, and enjoyable environment for all users on our platform. Together, we work to ensure that Hookup remains a trusted and secure space for meaningful connections.

Age Restriction Policy

Adults-Only Platform: HookUP.com is strictly an 18 and older website and application. Our services are designed for adults and we do not permit minors to use our platform under any circumstances. It is our top priority to ensure a mature, respectful, and safe environment for our users.

To access and engage with the community on Hookup, all users must be at least 18 years of age. Any account that is found or suspected to belong to a minor will be immediately deactivated.

User Responsibility: While we take proactive steps to enforce our age restriction policy, we also expect our users to act responsibly and to adhere to the rules of our platform. If you encounter any profiles or activities that suggest the involvement of minors, we urge you to report them immediately. HookuUP.com is committed to taking swift action to investigate and address such concerns.

No Minor-Friendly Content: This is not a site or app for minors. HookUP.com is a mature community that offers a space for adults to connect, interact, and build relationships. Content that is designed to attract or is suitable for minors is strictly forbidden. We regularly monitor and review content to ensure that our platform remains exclusive to adults, providing a secure and age-appropriate environment for our users.

TRAIL OFFER AND INTRODUCTORY PRICING TERM

Thank you for your interest in our product/service! Here’s what you need to know about our pricing:

Free Access and Paid Subscription:

You can sign up for free and use our app with limited features.

To access all premium features, you will need to upgrade to a paid subscription.

Paid Subscription:

The paid subscription gives you access to all premium features.

The cost of the paid subscription is Annual is $119.99, 6 months is $89.99 and 3 months is $59.99. 

PAID FEATURES

You may purchase a paid Membership for one or more of the products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically. The price and payment procedures are permanently accessible on the Mobile apps. All prices stated include all relevant local taxes. 

We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). 

There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions. 

The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store.

Chargeback and Fraud Prevention Policy

In our commitment to maintain a secure and trustworthy environment for our customers, we have implemented a comprehensive Chargeback and Fraud Prevention Policy. Our approach is proactive and customer-focused, ensuring both satisfaction and security.

When individual customers raise concerns or complaints, we prioritize their peace of mind. To mitigate chargeback instances, we offer refunds upon request, ensuring a straightforward and customer-friendly resolution process.

We actively monitor transaction patterns and behaviors associated with individual end users and independent broadcasters. Our system diligently reviews accounts to identify any that exhibit a higher-than-average rate of chargebacks or fraud. In cases where an account’s activity is consistently linked to excessive chargebacks or fraud, we take decisive action, which may include terminating the user’s access to our services.

Additionally, we employ robust verification processes for all transactions. An Address Verification System (AVS) check is conducted for each customer transaction to prevent unauthorized use of payment information. Special attention is given to accounts with significant spending patterns. We meticulously monitor such accounts to safeguard against unauthorized access, and, when necessary, we manually engage with end users to confirm transaction authenticity.

Through these measures, we aim to protect our platform’s integrity while providing a secure and positive experience for all users.

Return Policy

Our official return policy, detailed in our terms, emphasizes our commitment to a secure and compliant platform:

“We hold the exclusive right to remove any Member Content that, in our sole judgment, might breach any law or these Terms.

While our contractual terms define all expenditures on the platform as gratuities, we are dedicated to customer satisfaction, as outlined in our Chargeback and Fraud Policy. In instances where a user requests a refund, we are prepared to issue one to preempt any potential chargebacks. This approach underscores our commitment to maintaining a positive user experience and a trustworthy platform.

Identity Verification and Background Checks

At HookUP.com, we hold the privacy of our members in the highest regard and do not conduct identity or background checks on individuals. Our platform is designed to facilitate connections and interactions, and we trust our members to use their discretion and judgment when engaging with others. We strongly encourage our members to exercise caution and vigilance when dealing with strangers. Your safety and well-being are paramount. Should you encounter any member who appears to be using a fake or fictitious profile or images, please report them immediately. We are committed to maintaining a respectful and authentic community, and your cooperation is crucial in helping us achieve this goal.

AUTOMATIC RENEWAL

a. We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.

EULA https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

CANCELLATION AND WITHDRAWAL

a. Cancellation must take place according to the relevant Cancellation methods employed by the Google Play, Apple App Stores and Stripe.

CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY

a. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.

b. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

Governing Law

The terms, conditions, and any disputes arising out of or related to the services provided by HookUP.com shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. As HookUP.com is registered and operates within Dover, DE, any legal proceedings or actions shall be subject to the jurisdiction of the courts located in the State of Delaware. By using our services, you acknowledge and agree that Delaware law will govern these terms and any claim or dispute that you may have against us.