Effective as of 27 October 2020
1. Acceptance of terms
Please read this Agreement carefully. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the website after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2. Medical services disclaimer
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE WEBSITE IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE WEBSITE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 112 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS.
3. Registration and eligibility
To create an Account and access the website, you must be at least 16 years old (13 years old in the USA) and not barred from using the website under applicable law.
If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the website, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content on the website, in our sole discretion.
4. Your use of the website
а. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the website ;
b. modify, reverse engineer, decompile or disassemble the website ;
c. copy, adapt, alter, modify, translate, or create derivative works of the website without the written authorization of the Company;
d. permit other individuals to use the website, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the website for the protection of intellectual property rights;
f. use the website in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the website to compile data in a manner that is used or usable by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload to transmit any communications that infringe or violate the rights of any party;
l. upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the website.
5. Children’s privacy and age restrictions
We are committed to protecting the privacy of children.
You should be aware that this website is not intended or designed to attract children under the age of 16. We do not collect personal data from any person we actually know is a child under the age of 16.
If you are an American resident, you shall be at least 13 years old in order to use the website. To the extent prohibited by applicable law, we do not allow the use of the website by American residents younger than 13 years old.
If you are aware of anyone that does not comply with these limitations, please contact us at firstname.lastname@example.org, and we will take steps to delete or terminate her account.
6. Limited License to the website
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the website for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the website not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to email@example.com.
To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the website, including but not limited to visual interfaces, interactive features, graphics, design, a compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the website, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the website and the Company’s Content are retained by us.
7. License to User Content
The website enables you to input personal notes, share your stories, post or upload content, submit content, and log certain information into the website (“User Content”). You retain all rights to such User Content that you post, share, or log in the website.
The Company reserves the right to review all User Content prior to submission to the website and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
8. Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you. However, the website cannot and does not guarantee health-related improvements or outcomes. Your use of the website and any information, predictions, or suggestions provided on the website are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the website and you agree and understand that the website is not intended to match or serve the same purpose as a medical or scientific device.
9. Use by minors disclaimer
THE INFORMATION WITHIN THE WEBSITE DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS AND DOES NOT DIRECT THE CONTENT OF COMMUNICATION TO ANY PARTICULAR PERSON. ALL INFORMATION PROVIDED WITHIN THE WEBSITE IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.
We carefully examine the materials that we make available via the website to people between 16 and 17 in order to avoid any inappropriate or harmful content. We fully understand that moral and ethical rules might differ from country to country in defining what information related to sexuality is admissible to minors.
We neither intend nor publish sexually explicit content or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We make reasonable efforts to ensure that all materials provided by us on the website are based on facts only and are scientifically accurate.
Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content that may be made available to minors under applicable law.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your website passwords or account. It is your sole responsibility to (1) control the dissemination and use of a sign-in name, screen name, and passwords; (2) authorize, monitor, and control access to and use of your website account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at firstname.lastname@example.org. You grant the Company and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the website.
11. Warranty disclaimer
The Company controls and operates the website from various locations and makes no representation that the website is appropriate or available for use in all locations. The website or certain features of it may not be available in your location or may vary across locations.
THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK; OR, (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE WEBSITE, INCLUDING IN SECRET CHATS. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE.
13. Third-Party Services
The website may give you access to links to third-party website s, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, including protecting your personal information and privacy in using any such Third Party Services and complying with relevant agreements.
14. Your feedback
We welcome your feedback about the Website. Unless otherwise expressly declared, any communications you send to us or publish in website stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
15. Enforcement rights
We are not obligated to monitor access or use of the website. However, we reserve the right to do so for purposes of operating and maintaining the website, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal processes, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the website or access to website at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the website is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the website or any other person or entity for performance or nonperformance of the aforementioned activities.
16. Changes to the website
From time to time and without prior notice to you, we may change, expand, and improve the website. We may also, at any time, cease to continue operating part or all of the website or selectively disable certain features of the website. Your use of the website does not entitle you to the continued provision or availability of the website. Any modification or elimination of the website or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Any dispute arising from this Agreement shall be governed by the laws of the Spain without regard to its conflict of law provisions.
Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
18. Notice and takedown procedures
If you believe any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the Company and providing the following information:
а. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., website page) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the website who are repeat infringers.
Questions and comments