YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
BE AWARE THAT THIS APP IS NOT FOR MUTUALLY BENEFICIAL RELATIONSHIPS LIKE SUGAR DADDY AND SUGAR BABY RELATIONSHIP.
Welcome to Gapper. (Herein "Gapper").
Agreement to Terms
By accessing or using our Services, you agree that you are 18 or older, you understand and agree to these Terms. To play the Services you must comply with these Terms: You must have a valid Facebook account if using the Facebook platform sign-up for an account with the Services. Or you must have a valid email address if using an email platform to sign up for an account. You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify Gapper immediately at [email protected]. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT Gapper SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Gapper with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
Content and Content Rights
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.
Content Ownership, Responsibility and Removal
Gapper does not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Gapper and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of any countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid. If we believe that Your profile content or Your conduct within the Gapper Services violates Our Terms of Service, Your access and User Account may be immediately terminated and no refunds will be given.
Gapper RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Gapper a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. If you want to terminate this license at any time, please email [email protected]. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Gapper on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Gapper
Subject to your compliance with these Terms, Gapper grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Each user is responsible for any content or information they post or transmit in the Services and Gapper assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person. Gapper assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor player content. To the extent Gapper becomes aware of any player content it shall have the right, in its sole discretion, to edit, refuse to post, or remove any player content. As you use the Services, Gapper may monitor and/or record your use of the Services and/or communications while you are playing the Services and you hereby provide your irrevocable consent to such monitoring and recording.
Use of the Services
Your use of the Services shall be for non-commercial purposes, which means you shall not gather Virtual Currency or Virtual Goods for sale or trade nor shall you sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Currency or Virtual Goods associated with your Account to anyone without Gapper's written permission. You hereby represent and warrant that you have not and will not access or use an Account, Virtual Currency or Virtual Goods that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Gapper's consent. In addition, you shall not:
- Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group.
- Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or post anyones private information, including personally identifiable or financial information in or through the use of the Services.
- Advertise, spam or distribute any malware, spyware or other malicious content in or through the Services.
- Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
- Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other player's use or enjoyment of the Services.
- Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
- Attempt to gain unauthorized access to the Services, player accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services' user interface.
This provision is not meant to be exhaustive, and Gapper reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services. Gapper reserves the right to (a) disable, ban, suspend or deactivate any user's use of or access to the Gapper, or (b) terminate any user's Gapper account, for any reason whatsoever and without notice, if Gapper believes that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe. And Gapper is not required to disclose, and may be prohibited from disclosing, the reason for the termination or suspension of your account.
Gapper reserves the right to investigate and ask for certification materials to reactivate your account, if your account was (a) disabled, banned, suspended or deactivated or (b) terminated.
Disclosure to Protect Abuse Victims
Notwithstanding any other provision of these Terms, Gapper reserves the right, but has no obligation, to disclose any information that you submit to the Service if in its sole opinion Gapper suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Gapper in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Gapper is permitted to make such disclosures.
Gapper's Enforcement Rights
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
In App Purchases
From time to time, Gapper may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms ("in app purchases"). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) ("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. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases. Gapper do not have any obligation to terminate your subscription or membership, but you can claim a refund or cancel the subscription through App Store or Google Play at any time.
If you subscribed using your Apple ID:
All payment are totally in charged by Apple, include refunds, not Gapper. 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:
By Google Play: You are entitled to a full refund during the 48 hours after the subscription begins according to Google Play policies. To request a refund, go to https://play.google.com/store/account, scroll down to “Order History", find the transaction and hit “Report a problem”. You can also learn more at https://support.google.com.
By Gapper: 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 48 hours of the transaction date.
Disclaimers and Limitation of Liability
1. The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. To the extent permitted by law, Gapper will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
3. Gapper makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Gapper for death or personal injury as a result of the negligence of Gapper or that of its employees or agents.
You agree to indemnify and hold Gapper and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Gapper arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Choice of Law, Venue and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Gapper related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes.
Digital Millennium Copyright Act ("DMCA")
Our policy is to respond to notices of alleged infringement that comply with the DMCA. Copyright infringing materials found within the Services can be identified and removed via Gapper's DMCA compliance process posted, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
Disclaimer of Warranties, Limitation of Damages and Release and Indemnity
You agree that the provisions of this section will survive any termination of your account or of the Services. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY Gapper ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Gapper DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Gapper BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Gapper, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Gapper FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Gapper ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Gapper, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
Third Party Content or Advertising
Gapper may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties ("Third Party Content"). Gapper does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Gapper, Gapper does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Gapper does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Gapper undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Gapper and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Gapper may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
Waiver and Conflict
The failure of Gapper to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.
Notwithstanding any of these Terms, Gapper reserves the right without notice and in its sole discretion to terminate your license to use the Services and block or prevent your future access to, and use of, the Services. You may terminate your license to the Services by sending notice to Gapper at [email protected] with the subject line "Termination".