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Terms – content

TERMS OF SERVICE

Grab a cup of coffee, settle into your favorite armchair and put your reading glasses on, because this is important.

HIMYNAMEIS is provided by Hi Group AB, with Swedish registration number 559021-0018, a company incorporated under the laws of Sweden. These Terms of Service (“Terms”) govern your access to and use of the HIMYNAMEIS app (“App” or “our service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our App, you agree to be bound by these Terms and by our Privacy Policy.

If you do not accept and agree to our Terms then you should not access or use HIMYNAMEIS.

1. Membership requirements

When you sign up as a member on HIMYNAMEIS, you confirm that you meet our membership requirements:

  • HIMYNAMEIS is an App designed to help you to find and get to know new people. By becoming a HIMYNAMEIS member, you agree to use the App only for these purposes.
  • You must be at least 18 years of age in order to create an account on HIMYNAMEIS.
  • You acknowledge that HIMYNAMEIS is restricted to private individuals.
  • You may have only one user account on HIMYNAMEIS and this account must be linked to your personal mobile phone number. More than one person may not use or share the same account.
  • You are aware that you are solely responsible for any actions performed under your account, whether it is you or someone else using your account.
  • You have not been subject to sanctions resulting in the termination of a previous account on HIMYNAMEIS.

2. Membership rules

Our goal is that HIMYNAMEIS should be as enjoyable as possible. It is therefore not allowed to post content (video, images, text) meeting any of the points below:

  • Content that in any way violates all applicable local, state, national, and international laws, rules and regulations.
  • Provide false information about yourself, such as gender, age or depicting someone other than the account holder. Your video must be a good representation of yourself, not someone else.
  • Use of language that is inappropriate, abusive or offensive.
  • Content that is obscene, pornographic or sexually explicit.
  • Content that promotes or encourages racism, sexism, hatred or bigotry.
  • Personal attacks of any kind.
  • Harassment or attempting to maintain contact with other members that have specifically expressed they do not want to remain in contact with you.
  • Make use of content that are copyright protected or infringes any third party’s rights.
  • Political or religious propaganda.
  • Transmission of content that can be regarded as “junk” mail or “spam”.
  • Content that contains any spy ware, adware, viruses, corrupt files, worm programs, trojans or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  • Use any robot, spider, site search application, or other automatic or manual process to retrieve, index, scrape or “data mine” any part of the App or our website(s), without our prior consent.
  • Any form of advertising for selling services or goods or commercial use of HIMYNAMEIS in any other manner.
  • Usage of meta tags / hash tags or links containing references to a company or a service (trademark, trade name, service mark, logo or slogan) for promotion/branding or to direct any person to any other location.
  • Encourage the use of any other service, whether it is a competitor or not.
  • Display any personal contact or banking information in your video or message text (for example telephone number, email address, URL to other contact point, credit/debit card or other banking details).

If you see anything that violates any of the above, we encourage you to advise us by reporting the offending member, using the “Report and block” feature available.

If you violate these Terms or any applicable law, your information may be deleted and/or your entire account could be suspended and cancelled without notice. Hi Group AB may also inform the relevant Internet Service Provider and/or concerned authorities if we believe that there has been a sufficiently serious infraction.

You must notify Hi Group AB immediately of any breach of security or unauthorized use of your mobile phone. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hi Group AB or others due to such unauthorized use.

3. Regarding your content

HIMYNAMEIS is a public community and your content may be visible to other users of the App all around the world instantly – so make sure you are comfortable with sharing the content you post.

By uploading content on HIMYNAMEIS, you represent and warrant to us that you have all necessary rights and licenses to do so. You are responsible and liable for your content and will indemnify, defend, release, and hold us harmless from any claims made in connection with content you share on HIMYNAMEIS.

You retain all rights to the content you post to HIMYNAMEIS. However, but in order to make the App available to you and other users, we need a license from you. You agree to grant Hi Group AB a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your content on HIMYNAMEIS for the purposes of operating, developing and providing a useful service to our members. Your content will basically only be visible inside of the App, but selected members that consent to share their material may also be shown in our social media channels.

Hi Group AB reserves the right (without any obligation of any sort) at our sole discretion and without prior notice, to remove or edit, limit or block access to any content that you or any member provides, uploads or spreads on HIMYNAMEIS without any incurring liability towards the member.

We also reserve the right to disclose a your identity to any third party that may file a claim of violation of their intellectual property or right to privacy or any other legal rights, if such claim arises from your content on HIMYNAMEIS.

If you do choose to reveal any personal information about yourself to other users, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. It is entirely your responsibility to check the identity of people you arrange to meet. We strongly advise, for safety reasons, to organize dates and meet-ups in busy, public places.

4. Regarding other member’s content

Hi Group AB has no obligation to review or examine any content uploaded by our members on HIMYNAMEIS. It is our intention to review the content of our service on a regular basis, but we do not have the obligation, nor the necessary technical means or human resources, to carry out a thorough moderation of our member’s content or check the identity of our members. Hi Group AB may at our own discretion use a third party to monitor our members’ content on HIMYNAMEIS. We also have the right to create test profiles or accounts to monitor the operation of the App.

HIMYNAMEIS may contain links to third-party web sites or services that are not owned or controlled by Hi Group AB. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hi Group AB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by use of, or reliance on any such content, goods or services available on any such web sites or services.

You agree not to copy, adapt, modify, distribute, publish or sell any content (other than submitted by you) on HIMYNAMEIS, in whole or in part, to any third party.

5. Intellectual property

The HIMYNAMEIS brand and logos are the exclusive property of Hi Group AB. The general structure of the App as well as the texts, graphics, images, sounds and videos it comprises, excluding member generated content, are the exclusive property of Hi Group AB and is, to the extent provided by law, protected by copyright, trademark and other intellectual property rights.

You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding HIMYNAMEIS is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Privacy Policy

Our Privacy Policy explains how Hi Group AB treats your information and protects your privacy when you use the App. You agree to the use of your data in accordance with our Privacy Policy.

7. Contact with us or our representatives

We provide our members, to the best of our or our representatives’ ability, assistance in various forms. When communicating with said persons, you may not treat them poorly by threats, derogatory language, sexism, or racism, etc. If we determine that your behavior towards any of said persons or representatives can be considered to be detrimental to that person, we reserve the right to cancel your membership immediately.

8. Limitation of liability

In no event shall Hi Group AB, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:

  • Errors, mistakes, or inaccuracies of content.
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.
  • Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein.
  • Any interruption or discontinuance of transmission to or from our servers.
  • Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party.
  • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via HIMYNAMEIS, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
  • The disclosure of information pursuant to these Terms or our Privacy Policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Hi Group AB shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

9. Provision of service

You understand that Hi Group AB from time to time may carry out maintenance related to the service, or that HIMYNAMEIS may be affected by a fault or circumstances, which are outside of our control. HIMYNAMEIS is provided on an “as is” basis. Hi Group AB does not warrant, express or implied, the quality, accuracy, functionality, availability or performance of HIMYNAMEIS. We reserve the right to suspend, withdraw, amend, modify or vary the App without notice and without incurring any liability to our users. Hi Group AB cannot be held responsible for any malfunction of a member’s device or compatibility problem between the App and the device.

10. Indemnity

You agree to defend, indemnify and hold harmless Hi Group AB, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  • Your use of and access to HIMYNAMEIS.
  • Your violation of any term of these Terms.
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right.
  • Any claim that content you posted on HIMYNAMEIS caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the App.

11. Termination

The Terms will remain in full force and effect while you use the App and/or have a HIMYNAMEIS account. You may close (“delete”) your account at any time, for any reason, from the Settings tab in the App. By doing so you have officially terminated your account. Uninstalling HIMYNAMEIS from your mobile phone does not constitute a termination according to the Terms.

Hi Group AB may terminate or suspend your account at any time without notice if the we believe that you have breached our Terms, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases (if any). Hi Group AB is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your account is terminated for any reason, all sections of the Terms shall survive such termination, and continue in full force and effect, except for any parts that by their nature expire or are fully satisfied.

12. Miscellaneous

These Terms constitute the entire agreement between you and Hi Group AB relating to the App and govern your use of our service, and completely replace any prior or contemporaneous agreements between us.

The failure of Hi Group AB to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to Hi Group AB.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

13. Governing law

For any dispute you have with Hi Group AB, you agree to first contact us and attempt to resolve the dispute with us informally.

These Terms and any action related thereto will be governed by Swedish law without regard to, or application of, its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with HIMYNAMEIS will be settled exclusively by the Swedish civil courts, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

14. Changes or variations

Hi Group AB reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. When we post changes to the Terms, we will revise the “last updated” date at the bottom. The most current version of the Terms will always be found at himynameisapp.com/terms. We recommend that you check this page from time to time to inform yourself of any changes in the Terms or any of our other policies.

If you do not agree to the revised Terms, your only recourse is to discontinue the use of HIMYNAMEIS. Your continued use of the App following any amendment of these Terms will signify your assent to and acceptance of the revised terms.

In the event there is a discrepancy between this English language version and any current or future translated copies of the Terms, the English version shall prevail.

15. Effective date

These Terms were last modified February 24th, 2017.