General terms and conditions, privacy and data protection policy

Welcome to APPtivities, a social discovery mobile application that connects and groups individuals with activity providers (the Application) owned and operated by WOULDYOU, Inc. (the "Company" or "WOULDYOU, Inc."). The company is incorporated under the laws of California, seated at 1160 Sesame Dr. Sunnyvale CA 94087 - 2420.

What is APPtivities?

A social discovery mobile application that connects and groups individuals with activity providers. APPtivities is open to anyone without discrimination. Nonetheless before joining the APPtivities community, please check the laws of your respective jurisdiction for any local restrictions on your use of the Application/Website as well as our terms and conditions below.

Members' Acceptance of our Terms and Conditions

These Terms and Conditions, including our Data Protection and Privacy Policy (as amended or updated from time to time) form an agreement (in an electronic form) between you (as user and community member) and us (as owners of the APPtivities platform) with respect to your access to APPtivities interaction with other community members, termination of your use of APPtivities and other matters in relation to your use of APPtivities, including without limitation additional features, products or services we offer while APPtivities is running, free trials, discounts and promotions for such products.

You can always withdraw your consent to these terms and conditions by checking the disable account button in our browser. Please check our section on the termination of membership below.

These Terms and Conditions of APPtivities may change from time to time. Therefore, please keep yourself up to date with any changes in our Terms and Conditions visiting our relevant website sections regularly. Any such modifications take effect when posted on our website.

By accessing and using APPtivities, you represent and warrant that you have the right, authority and capacity to enter into this agreement and be bound by these Terms and Conditions.

Under these Terms and Conditions you, as a APPtivities Community member, represent and warrant that:

  • You are of adult age in your respective jurisdiction:
  • The laws of your jurisdiction do not prevent you from becoming a member of our community. Any use of APPtivities is void where prohibited by any local regulations.
  • Important legal notice: Whilst we make reasonable efforts to ensure that the APPtivities Application is subject to fair and equitable terms and conditions of use for any member, there may be particular rules in your jurisdiction limiting, restricting or preventing you from accessing our community Application.
  • Please keep yourselves informed of such laws before becoming a member of our community, as we do not accept any liability for your violation of any local laws.
  • You are of full legal capacity and authority to become a member of our community and that your obligations under these terms and conditions are fully binding on you.
  • You agree that any breach by you of these terms and conditions gives us the right to terminate this agreement and thus remove you from our community.
  • You further warrant that you have not been convicted for any sexual or fraud offences in your respective jurisdiction and acknowledge that such convictions, if discovered at a later stage, shall cease your membership in our community.
Membership registration

In order to become a member of our community, you must register with a valid Facebook account. By doing so, you represent and warrant that (i) all information that you then submit is true and accurate in all respects and that you will promptly update any such information whenever necessary and (ii) you have the right share this information and thereby grant us the license to use it for the purposes of the Application, as .indicated below

In order to use "APPtivities" you must sign in using your Facebook login details. 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 regarding your Facebook friends that might be common to other "APPtivities" users.

We take no liability, should you decide, against our recommendations, to make available other personal information (including your bank account information or other information on your financial standing) to other community members.

You acknowledge that any information that proves to be false or inaccurate may disqualify you as a member of our community with the effect that you shall lose your rights on your account. Further, you acknowledge that posting false or inaccurate information may, depending on relevant circumstances, be subject to the criminal laws of certain jurisdictions in which the Application is available.

Your account will be activated once you have checked the accept button of our terms and conditions available at the bottom of this page. Once you have registered you will be able to interact with other community members on the Application.

It is advisable that you check your account details from time to time. We will conduct our own checks to determine the level of activity in an account. Therefore, as part of our maintenance schedule, we may have to ask you to update/confirm your information.

You are solely responsible for any account activity in your account. We exclude any liability for our users' conduct over the course of their activity on the Application. We do not undertake to make verifications in respect of an alleged unauthorized use of your account.

You shall therefore keep confidential all your log-in details and share these details with no other people You are prohibited from sharing your log-in details with other people whether members of our community or not. As personal access to the Application/Website is of the essence of our web-community rules, we prohibit any use of log-in information by other individuals than the registered holder of the Application/Website account. Any such unauthorized use that comes to our attention leads to your account being blocked.

As part of your registration process with APPtivities you are not required to provide any information on your citizenship, nationality or ethnic background, religious affiliation, membership in a certain group, sexual orientation. If you do however chose to exchange such information (which may also result from the information you exchange with other members or the pictures you are posting) while you are interacting on Would You?, you are consenting to the disclosure of such information, for which we accept no liability.

We encourage our members to interact and socialize in accordance with the standards of human interaction generally known across the Globe. Nevertheless, we can neither guarantee that your contact with other members will be fully satisfactory for your purposes nor that you will meet other members compatible with you. We do not and cannot guarantee that you will find the activity of other members of our community compatible with your personal expectations or with the standards of social interaction that are common and/or appropriate in your jurisdiction.

You understand and agree that we may, without being obligated to, monitor or scrutinize any information that you post on the Application. We may delete any information in whole or in part, if we deem (in our sole determination) that such information violates these terms and conditions or is likely to affect the reputation of Application/Website.

We do not accept on the Application any content that:

  • contains explicit or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic or otherwise may offend human dignity;
  • is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of "junk" mail or "spam";
  • contains any spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Would You? or otherwise;
  • Equally, you may not post any content that infringes any third party's rights (including, but without limitation, intellectual property rights and privacy rights).

PLEASE ACT IN YOUR UTMOST REASONABLENESS WHEN CHOOSING THE INFORMATION THAT YOU WILL POST ON OR SEND VIA THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR ANY POSTS, COMMENTS AND GENERALLY ALL INFORMATION THAT YOU SHARE WHILE USING THE APPLICATION/WEBSITE.

WE ENCOURAGE OUR USERS TO SIGNAL ANY KIND OF INAPPROPRIATE BEHAVIOR SUCH AS THE ONES STATED ABOVE USING THE APPLICATION'S REPORT FUNCTION. ANY SUCH REPORTS WILL BE REVIEWED BY OUR TEAM WITHIN A MAXIMUM OF 24 HOURS, AND ANY ACTIONS WE CONSIDER APPROPRIATE WILL BE IMMEDIATELY TAKEN.

Account Activity and Links

Your account will be kept active as long as you are active on the Application/Website. If there is no activity on your account for more than 6 months, your account may be deactivated without notice.

You will be able to access the information filed with the Application as part of your account registration within 12 months of your account deactivation. You shall be notified of the expiration of this term by a notification sent to the contact address in your account. After this term expires, all information pertaining to your account will be lost.

The Application may contain links to other web-sites. Being a member on the Application does not guarantee the successful access to or the safety of any other websites that we are advertising. Moreover we do not accept any liability in relation to your access and activity on the sites which you access from the Application.

From time to time we may send you notifications on various matters relating to your use of the Application/Website, either in the form of emails or in-app notifications which shall be deemed effective of the time they are sent to the contact address indicated at registration. You may choose not to receive these notifications by disabling them in the settings menu or by choosing to unsubscribe from our newsletters, etc.

All arrangements of a technical nature necessary to secure access to your account (including connections to Application servers, computer terminals, PC internet connections, and mobile phone connections to the internet) fall entirely on your side. You undertake to pay all costs associated with your access to the Application and acknowledge that your access to the Application may generate additional expenditures in connection with the communications notifications or advertisement materials that may be sent to you while using the Application.

Proprietary rights on account information

You retain property right on your account content as long as your account is active. However, by accepting these terms and conditions you agree to grant us a non-exclusive, royalty free, perpetual, worldwide license to use any item of information within your account that gives us the right to use this information for the operation of the Application/Website, including, without limitation by any means to reproduce, modify, create derivative works by incorporating such items of information, advertise or otherwise make public this information. You therefore acknowledge that we may use for advertising purposes any pictures or videos that you may post on the Application, without indicating details that may specifically identify you as an individual.

You hereby agree that this license may be transferred to any of our affiliates or successors without any prior notice being necessary.

By creating an account with the Application, you warrant that your posts are not in violation of any third party rights or any duties imposed on you by law. We do not and cannot verify the compliance of your account activity with any third party rights or any legal restrictions. Nevertheless, we reserve the right to suspend your account if we are notified that any of your posts are in violation of rights of other parties or other legal provisions applicable in relation with your use of these terms and conditions, without making an independent investigation in this respect. Any complaint in this respect will be notified to you by a notifications sent to your contact address.

You hereby acknowledge that information, texts, graphics, artwork, web-design elements, logos, trademarks, photos, videos, musical background incorporated into or running on the Application are our property. You will loose membership with us and may be held liable up to the full extent of damage for any violation of our intellectual property rights, irrespective of the means of such violation.

We do not recognize any transfer of your account to other competitors or to third parties. By creating your account you agree that you shall vest in us full rights to operate its content subject to these terms and conditions. You shall therefore not trade your account, including but not limited to any prizes, bonuses, primes or other gains or benefits whatsoever accruing to your account, or offer the same as a gift to any parties.

You are responsible for maintaining the confidentiality of your login details, and you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any disclosure or unauthorized use of your login details or any other breach of security at support@wouldyouapp.com, and you must ensure that you log out from your account at the end of each session.

Any such an unauthorized transfer shall be treated as a breach to these terms and conditions that shall result in the cancellation of your account, including prizes, bonuses, primes or other gains or benefits whatsoever accruing to your account.

Complaints

You can either contact us via our contact section in the Application or you can email us at the email address specified on our website contact section for any matters relating to the operation of the Application or for any alleged misconduct by any of the users.

Please feel free to inform us of any issues that you think may concern the security of your personal information within your account or any infringements of intellectual property rights whether yours or other's. Please provide us with any information in this respect so we may analyze your complaint properly.

We accept no complaints in regards of your access or activity on other web-sites whose links are advertised on the Application or your actions in relations to postings on the Application. While we do our best to ensure that the Application contains only proper advertisements, we do not conduct our independent verification or in-depth verification in this respect.

You are solely responsible for accessing such web sites or taking any actions in relation to any postings on the Application. You are strongly advised to check the terms and conditions yourself for the use of any websites whose links appear on our browser. Any display of such links on the Application browser does not constitute an endorsement of their content or a warranty of their security. We can exert no control on such links and therefore accept no liability for your use thereof.

Termination by you

You can always terminate your account at any time and for any reason, by going to the "Settings" menu in the Application and choosing to "Delete Account".

If you do not delete your account, but have no member activity on the Application for more than 6 months, we may deem your registration as being terminated, and may therefore delete your account without prior notice.

After termination of your account, we will keep your information for another 12 months, should you choose to return to the Application. You can always email us at support@wouldyouapp.com for any questions you may have.

Termination by us

We can terminate your registration if we deem (in our sole opinion) that your conduct is in any way contrary to these terms and conditions. We shall notify you of your account being terminated without being obliged to indicate the specific reason(s) for termination. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

On termination (whether by you or by us) you will loose rights on any premiums, bonuses or other gains in relation to the activity of your account. We have no obligation to refund any sum of money that you may have paid us while using the Application.

Technical warranties

The Application is provided on an as is and as available basis. The Application may be affected by maintenance works or other circumstances of a technical nature that we cannot anticipate or control instantly.

We therefore, do not guarantee the functionality of the Application or its performance at any time across the Globe. We do reserve the right to make adjustments to the Application, including to modify or to suspend its operation, in our sole discretion at any time, without any mandatory notice. We accept no liability in respect of any alleged loss or in respect of any changes in the operation and/or the functionality of the Application.

Indemnity

You agree to hold harmless and indemnify us and our shareholders, officers, directors, employees, consultants, affiliates, subsidiaries and third-party partners agents, representatives and licensors from and against any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable lawyer's fees) suffered or reasonably incurred by us arising as a result of or in connection with your access to and use of Would You? outside these Terms and Conditions or in violation of any applicable laws, regulations or third party rights.

You agree to reimburse us for all costs, expenses, taxes, levies and charges that we have been liable to pay as a result of your access and/or use of APPtivities including any payments to satisfy a judgment or to settle a case, as well as reasonable legal fees and all other costs that we have incurred for our defense.

Limitation of Liability

To the maximum extent permitted by law, we exclude any liability to you and any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, including, without limitation, loss of profits, loss of goodwill, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, wasted management or office time, breach of contract or claims of third parties or other losses even if the we have been advised of the possibility of such damages, whether such a liability is asserted under contract, tort (including negligence), on the basis of a breach of warranties, either express or implied, of any breach of these terms and conditions.

Miscellaneous

If, for any reason, any of the Terms and Conditions are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remainder of the Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms and Conditions shall operate as a waiver of such right or acceptance of any variation of the Terms and Conditions and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

These Terms and Conditions set out the entire agreement and understanding between us and you in relation to your use of APPtivities and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Nothing in the Terms and Conditions shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.

Governing law and jurisdiction

These terms and conditions are in all respects subject to the laws of England & Wales. The courts of England & Wales have a non-exclusive jurisdiction to hear and settle any matters resulting from or in relation to these terms and conditions.