Don't wanna be here? Send us removal request.
Text
Terms Of Use
Terms Of Use 1. Introduction; Agreement To This Terms Of Use
Please read Talk to Strangers's (" MELON", " We ", " Our ") Terms of Use carefully, which include and incorporate Talk to Strangers's Privacy Policy  and the Virtual Goods and Currency Terms of Use  (collectively, the " Terms "). MELONprovides a service that allows MELONAccount holders (as defined below) to register unique personal profiles and communicate with other members based on location.These Terms govern and apply to your access and use of Talk to Strangers's social networking services available via Talk to Strangers's mobile apps (Talk to Strangers) (collectively, the "Apps") . To make these Terms easier to read, the Sites, our services and the Apps are collectively called the "Services."
BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICES.
Please also note that if you subscribe to the Services, your subscription will automatically renew for certain periods of time if you do not cancel prior to the end of the term. See Section 19 and our Virtual Goods and Currency Terms of Use for additional terms where applicable for more information on the automatic renewal terms applicable to subscriptions.
2. Eligibility
The Services are only available for individuals eighteen (18) years of age or older. By accessing or using the Services, you represent and warrant that you are currently eighteen (18) years old or over and that you are capable of lawfully entering into and performing all the obligations set forth in these Terms. You also represent and warrant that you have never been convicted of an indictable offense or any criminal offense involving sexual misconduct or otherwise. You further confirm that you (i) have not previously been suspended, removed, deactivated, terminated or blocked from the Services; and (ii) are not a competitor of MELONand are not using the Services for reasons that are in competition with MELONor other than for its intended purpose.
3. Use Of The Services
You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with these Terms and compliant with any and all applicable local, provincial, federal and international laws and regulations.
a) Registration. Â You will need to register and create only one (1) unique account for your use of the Services. To register a MELONAccount, you may either register by using a valid email address and your phone number with password (we may ask you to validate your MELONAccount via SMS or a photo with fixed posture) and provide certain information about yourself as prompted by the registration form. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content (as defined in Section 4) or other communications made in connection with your use of the Services. You understand and agree that anyone may be able to view any information you choose to make publicly available.
b) MELONAccount Security . You understand that you are fully responsible for maintaining the confidentiality of your MELONAccount and you are responsible for all activities that occur under your MELONAccount, including the purchase of any of our Paid Services (as described in Section 17). You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. You are responsible for maintaining the confidentiality of your MELONAccount login username and password and are fully responsible for all activities that occur under your MELONAccount. In the event that you forgot your login information and wish to retrieve it, you will be directed to a password recovery section where you will be asked for the email address associated with your MELONAccount. You agree (a) to immediately notify MELONif you suspect any unauthorized use of your MELONAccount or any other breach of security, and (b) to use particular caution when accessing your MELONAccount from a public or shared computer and/or mobile device so that others are not able to view or record your personal information. For instance, never give out your password, and remember to lock your mobile device when it is not in use. Please email us at [email protected] with the subject line: MELONAccount Security Breach if you believe your MELONAccount has been accessed by an unauthorized person. You acknowledge that MELONis not, and will not, be liable or responsible for any losses or damages arising from the theft or misappropriation of your MELONAccount. You further acknowledge and agree that MELONis not responsible for, and has no control over, any security breaches experienced on any third party Social Networking Site (as defined below).
c) Exclusive Use. Â You will only use the Services for your sole, personal use and not in connection with any commercial activities. You will not authorize others to use the Services, gain access your MELONAccount or otherwise attempt to transfer your right to use the Services to any other person or entity. MELONreserves the right to (a) disable, block, suspend or deactivate any User's use of or access to the Services, including the location information or profiles of other Users, or (b) terminate any User's MELONAccount, for any reason whatsoever and without notice.
d) Data Usage Charges. Â The use of the Services on your mobile device may require use of your data service. Depending on the plan that you have with your cellular carrier, you could incur data charges. You should check with your cellular carrier and determine how you will be charged for data usage. MELONis not responsible for your data usage and will not be responsible for data charges that you may incur while using the Services. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the Services via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
e) Interactions with Other Users.  You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. You acknowledge that MELONdoes not routinely screen its Users, inquire into the background of its Users, attempt to verify information provided by its Users (except as provided above) or conduct criminal screenings of its Users so please proceed with caution. MELONdoes not make any representations, warranties or guarantees as to the conduct of its Users, information provided by Users, or their compatibility with you.  You alone are responsible for your involvement with other Users. You agree that MELONwill not be responsible for any losses or damages incurred as the result of any such interactions with other Users. MELONreserves the right, but has no obligation, to monitor disagreements between you and other Users. Please take all necessary precautions when meeting other Users, especially if you decide to meet in person. We have created Safety Tips  that you may find helpful and we suggest that you review these before you start using the Services. You agree to treat all other Users with dignity and respect and comply with these Terms especially the User Conduct rules set forth in Section 3(G).
f) No Commercial Solicitation or Advertising. Â You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters, junk or spam email or communications to other Users. Additionally, you will not use any information obtained from the Services in order to contact, advertise to, solicit or sell products or services to any User without their prior explicit consent.
g) User Conduct. Â MELONis not responsible or liable in any manner for the conduct of its Users, whether or not such conduct is in connection with the use of the Services. You acknowledge that you use the Services entirely at your own risk. In order to keep use of the Services fun and safe, you agree not to do any of the following in connection with the Services or the Users thereof:
i) use the Services in any unlawful manner or in a manner that is harmful to or violates the rights of others;
ii) engage in any unlawful, lewd, harassing, obscene, intimidating, threatening, predatory or stalking behaviour;
iii) use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead directly to death, personal injury, or severe physical or property damage. i.e. driving while using the Services;
iv) use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or Talk to Strangers's computer systems/technology or interfere with or attempt to interfere with any other User's use of the Services or User's computer systems/technology;
v) impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
vi) make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
vii) defraud, swindle or deceive other Users;
viii) disseminate another User's personal information without his or her permission, or collect or solicit another User's personal information for commercial or unlawful purposes;
ix) solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
x) use any scripts, bots or other automated technology to scrape or access the Services;
xi) use the Services for any phishing, trolling or similar activities;
xii) use the Services to redirect Users to other sites or encourage Users to visit other sites;
xiii) harvest or collect email addresses or other contact information of other Users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk email or communications, unsolicited commercial email or communications or other spamming or spamming activities;
xiv) distribute unsolicited commercial messages or spam, and or use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, " data mine ", or in any way reproduce or circumvent the navigational structure, security features or presentation of the Services or its contents;
(xv) attempt to access any Services that you are not authorized to access; or (xvi)permit or allow other people or third parties to access and use the Services via your MELONAccount.
h) Reporting Violations. Â If you wish to report any violation of these Terms by others, including Users, you may do so by using the report button (" Report ") located in the Services. You may click on the Report button located in the drop down menu on a User's profile in order to flag Users that are in violation. While we will make reasonable efforts to review MELONAccounts that are flagged in a timely manner, we are under no obligation to remove the flagged MELONAccount and in no way represent that we will remove or otherwise address flagged MELONAccounts.
i) Enforcement. Â You understand and agree that if MELONbelieves in its sole discretion that you have violated these Terms, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, MELONmay, among other things, investigate, take legal action against you and/or terminate your MELONAccount and cancel your subscription and/or membership without notice to you.
4. User Content
a) Definition; Responsibility for User Content. Â You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to MELONthrough the Services or to other Users (collectively referred to as " post "), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are " User Content "). MELONdoes not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is MELONliable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
b) Accuracy of Information. Â You will not post any inaccurate, misleading, incomplete or false information or User Content to the Services or to any other User through the Services. You agree that all images posted to your MELONAccount are of you. You may be required to supply certain information and post a photo of yourself to use the Services.
c) No Duty to Review User Content. Â Although you understand and acknowledge that MELONhas no duty to prescreen, review, control, monitor or edit the User Content posted by Users and is not liable for User Content that is provided by others, you agree that MELONmay, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice. You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Services at your sole cost and expense. This includes Talk to Strangers's right to modify or crop any photos you post to comply with Talk to Strangers's policies, practices and procedures.
5. License of User Content to Talk to Strangers
MELONclaims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Talk to Strangers, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by MELONwill not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content (including but not limited to any content you submit to MELONto feature) to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Talk to Strangers, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by MELONof your User Content. You also grant MELONthe right to choose MELONAccounts to feature on the Services for enhanced visibility at no extra cost, in the sole discretion of Talk to Strangers.
6. Use of Proprietary Information of Others
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
7. Communications
We may provide notices to you in any of the following ways. First, we may email you at the email address that you provided when you created your MELONAccount. Second, we may present the notice on the Services. When we post notices on the Services, we post them in the area of the Services suitable to the notice. It is your responsibility to periodically review the Services for notices.
Subject to the Privacy Policy , if you send to MELONor post on the Services in any public area any information, ideas, inventions, concepts, techniques or know-how (" User Submissions "), for any purpose, including the developing, manufacturing and/or marketing or products or Services incorporating such information, you acknowledge that MELONcan use the User Submissions without acknowledgement or compensation to you. You hereby grant to MELONa royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any User Submission communicated to MELONby you through the Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any User Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such User Submission, however arising. MELONwill not be required to treat any User Submission as confidential, and may use any User Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or making any other consideration available to you of any kind, and MELONwill not incur any liability as a result of any similarities that may appear in future MELONoperations. For greater clarity, MELONalso reserves the right, in its sole discretion, to refuse to post any User Submission that it receives from you.
8. Objectionable or Prohibited Content
MELONhas no tolerance for objectionable or prohibited content. You are not allowed to post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable American or international law, rule or regulation or is prohibited under these Terms or any other MELONpolicy governing your use of the Services ("Objectionable or Prohibited Content "). Objectionable or Prohibited Content includes without limitation User Content that:
i) is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, lewd, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
ii) promotes racism, sexism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual;
iii) is intended to, or does, harass, or intimidate any other User or third party;
iv) may infringe or violate any patent, trade-mark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
v) contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
vi) promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
vii) violates someone's data privacy or data protection rights;
viii) contains viruses, time bombs, malware, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix) contains any advertising, fundraising or promotional content; or
x) is, in the sole judgment of Talk to Strangers, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes MELONor its Users to harm or liability of any type.
9. Social Networking Sites
When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a " Social Networking Site "), such as Facebook as described earlier, Google+ or Twitter, you permit MELONto access information about you that is made available to the Services through or from that Social Networking Site. The information obtained by MELONvaries by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. Â
By accessing or using the Services through a Social Networking Site, you are authorizing MELONto collect, store, retain and use, in accordance with our Privacy Policy , any and all of your information that MELONhas obtained from the Social Networking Site, including any personal information that you provided to create a MELONprofile and MELONAccount for you. Depending on the Social Networking Site and your privacy settings, MELONmay also post information to your Social Networking Site. Your agreement to the foregoing takes place when you " accept " or " allow " or " go to " (or other similar terms) the Services on a Social Networking Site or otherwise authorize the transfer of information to the Services from such Social Networking Site. Â
If there is information about your " friends " or other persons you are associated with in your Social Networking Site account, the information that we obtain about those persons may also depend on the privacy settings such persons have activated with the applicable Social Networking Site. You acknowledge and agree that MELONis not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about MELONthat the Social Networking Site may send to you or your friends). You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
10. Privacy
MELONtakes the protection of your personal information seriously. Please refer to our Privacy Policy for information about how MELONcollects, uses, stores and discloses personal information from its Users. You understand and agree that if you post any User Content, information or material of a personal or private nature in your profile or in any private or public areas of the Services or post or provide to MELONany information or content which is intended to be shared with other Users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy .
11. Intellectual Property Rights And Limited License
Other than your User Content, the Services and all materials therein, including, without limitation, software, images, text, graphics, designs, illustrations, MELONlogos, patents, trade-marks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other Users (the " Proprietary Materials "), and all intellectual property rights related thereto, are the exclusive property of MELONand its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of Talk to Strangers.
You are granted a limited, non-sublicensable license to access and use the Services and Proprietary Materials, subject to these Terms. You agree that you will not:
i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;
ii) " frame " or " mirror " any part of the Services or the Proprietary Materials, without our prior written authorization;
iii) use meta tags or code or other devices containing any reference to MELONor the Services in order to direct any person to any other site for any purpose;
iv) resell or make any commercial use of the Services or Proprietary Materials;
v) use any data mining, robots, spiders or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services or Proprietary Materials;
vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
vii) use any automated methods or processes to create MELONAccounts or access the Services or Proprietary Materials; or
viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Talk to Strangers, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable Canadian or international laws, including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. MELONreserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
12. Trade-marks
" MELON", Talk to Strangers's logos and any other trade names or slogans contained in the Services are trade-marks or service marks of Talk to Strangers, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of MELONor the applicable trade mark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trade mark and/or trade dress of MELONand may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trade-marks, registered trade-marks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
13. Third Party Content
MELONmay provide third party content on the Services and may provide links to web pages, applications, mobile apps, sites and content of third parties (collectively the " Third Party Content ") as a service to those interested in this information. MELONdoes not control, endorse or adopt any Third Party Content and expressly disclaims any and all representations, warranties or conditions of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MELONis not responsible or liable in any manner for any Third Party Content and MELONundertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
14. Links to Third Party Sites or Resources
The Services may include links to other apps or sites that are not operated by us, including through advertisements. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party site, even if you do so to earn free MELONCoins (as defined in Section 16), you assume all risk related to such access and use. Additionally, you acknowledge and agree that any personal information collected, used, processed and disclosed through your use of such apps or sites shall be governed by the privacy policy and practices of such app/site owners, not by MELONunder its Privacy Policy  or otherwise.
15. Advertising
MELONand its licensees may publicly display advertisements and other information adjacent to your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
16. End User Licenses
a) License Grant. Â Subject to these Terms, MELONhereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Services for one (1) MELONAccount for your personal, noncommercial use. MELONdoes not represent or warrant that the Services will be compatible with your web browser and/or mobile device at any time.
b) Restrictions. Â You may not: (i) modify, disassemble, decompile or reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Services to any third party or use the Services to provide time sharing or similar services to any third party; (iii) make any copies of the Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services; or (v) delete the copyright and any other proprietary rights notices on the Services.
c) Software Updates. Â You acknowledge that MELONmay from time to time issue upgraded versions of the Services, and may automatically electronically upgrade the version of the Services that you are using. You consent to such automatic upgrading, and agree that these Terms will apply to all such upgrades. You agree that MELONwill not be liable to you for any such modifications.
d) Rights Reserved. Â The foregoing license granted under these Terms is not a sale of the Services or any copy thereof and MELONor its third party partners or suppliers retain all rights, title, and interest in the Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. MELONreserves all rights not expressly granted under these Terms.
e) App Stores. Â You acknowledge and agree that the availability of the Services is dependent on the third parties from which you received the Services, e.g., Google Play or the Apple app store (collectively " App Stores "). You acknowledge that these Terms are between you and MELONand not with the App Stores and that each App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable terms and conditions of the particular App Store.
17. Paid Services
a) General. Â MELONmakes available several paid Services. Firstly, you may purchase virtual currency (" MELONCoins ") for use with the Services for the amounts described on the MELONSoftware. You may also from time to time, obtain MELONCoins or other virtual items by engaging in certain actions (for example, by downloading third party apps). MELONCoins and such other virtual items are referred to collectively as " Virtual Goods ". Secondly, you may purchase subscriber-level access that unlocks premium features and enhancements of the Services (a " Subscription ") for the amounts described on the MELONSoftware. (We may add the second paid service later when we think the time is appropriate.)
MELONdoes not receive or process payments or credit card information directly. You may purchase Paid Services through an App Store such as Google Play account and/or Apple iTunes account (a " Third Party Account "). If you purchase any Services that we offer for a fee (the " Subscription Fees "), including without limitation Virtual Goods, MELONCoins, and/or a Subscription to the Services (collectively, the " Paid Services "), you authorize MELONto collect currently the iTunes unique transaction IDs and receipts data. If you purchase any Paid Services through the Third Party Account, the Subscription Fees for these Paid Services will appear through your Third Party Account. Please note that MELONdoes not control Third Party Account terms and conditions so please review these carefully. You also agree to pay the Subscription Fees for the Paid Services (including without limitation periodic fees as described on the MELONSoftware as they become due plus all related taxes). Any and all payments made to MELONfor use and access to the Services, including without limitation, any Subscription Fees for the Paid Services, are final and all charges are nonrefundable.
Please see our Virtual Goods and Currency Terms of Use  for additional terms applicable to the purchase of Virtual Goods and use of virtual currency offered by us. Typically, our virtual currency may be used to purchase certain features or Virtual Goods in connection with the Services. Any virtual currency that you receive as a promotion from us will be subject to the terms of our Virtual Goods and Currency Terms of Use . We reserve the right at any time to increase or change the amounts set forth in the Services for any of the Paid Services. We also reserve the right to charge new fees for access to portions of the Services or the Services as a whole at any time upon notice to you by posted such changes on the MELONSoftware.
b) AUTOMATIC RENEWAL OF SUBSCRIPTIONS.  When you pay for a subscription through a Third Party Account and you do not cancel your subscription prior to the end of the subscription term, your subscription for the Services will continue indefinitely  until cancelled by you. After your initial subscription 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. You agree that your MELONAccount will be subject to this automatic renewal feature. You acknowledge and agree that your Third Party Account will be automatically charged for such subscription fees, plus any applicable taxes, upon each such automatic renewal.  You acknowledge that your subscription is subject to automatic renewals and you consent to and accept responsibility for all recurring charges through a Third Party Account based on this automatic renewal feature without further authorization from you and without further notice except as required by law.
c) CANCELLATION OF SUBSCRIPTIONS. Â When you purchase a subscription through a Third Party Account, you will need to cancel your subscription through that third party, an App Store, not MELONand in accordance with that third party's terms and conditions. Cancellations are effective the following billing period in which payment is due. If you cancel your subscription your subscription benefits will continue until the end of your then current subscription term, but your subscription will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the subscription fees paid for the then current subscription term.
18. Free Trials And Promotions
From time to time, we may offer free trials or other promotions (a " Promotion "). As an example, we may offer Promotions that provide a free Subscription to the Services for a certain period of time. You must cancel your subscription (in accordance with Section 17) before the end of the Promotion period in order to avoid being automatically charged for Subscription Fees. As another example, we may provide you with our virtual currency without charge. Any such virtual currency is subject to the terms of our Virtual Goods and Currency Terms of Use. Additional Terms applicable to specific Promotions may be provided on the MELONSoftware.
19. Modification Of These Terms
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of any of the terms and conditions contained in these Terms including any policy or guideline applicable to the Services at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the " last updated " date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about these Terms, please email us at the contact address below. These changes will be effective immediately for new and current Users of the Services.
20. DISCLAIMERS
MELONPROVIDES THE SERVICES AND THE PROPRIETARY MATERIALS AND THE SERVICES ON AN " AS IS " AND " AS AVAILABLE " BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MELONEXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES AND THE PROPRIETARY MATERIALS, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Â
MELONDOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES OR PROPRIETARY MATERIALS WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES OR PROPRIETARY MATERIALS WILL BE CORRECTED OR (C) THE SERVICES AND PROPRIETARY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MELONDISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY COMMUNICATIONS. Â
MELONHAS NO ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, MELONDISCLAIMS ANY AND ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. Â
MELONDOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ANY RESULTS FROM YOUR USE OF THE SERVICES; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Talk to Strangers. UNDER NO CIRCUMSTANCES WILL MELONBE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR HARM OF ANY KIND RESULTING FROM ANY USER'S CONDUCT OR YOUR USE OF THE SERVICES OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
21. LIMITATION OF LIABILITY; INDEMNITY
You hereby waive and agree not to assert any claims or allegations of any nature whatsoever against Talk to Strangers, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the " Released Parties ") arising out of or in any way relating to your use of the Services or Proprietary Materials, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of User Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use of the Services. Your use of the Services and Proprietary Materials is entirely at your own risk. Â
Without limiting any of the foregoing, neither MELONnor any other Released Party shall be liable to you for any direct, special, indirect, exemplary, consequential, punitive damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with your use of the Services or any Proprietary Materials, including without limitation any damages caused by or resulting from: (i) your use or inability to use the Services or any Proprietary Materials; (ii) any third party claims that the use by you of any of the Services or Proprietary Materials violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Services or any Proprietary Materials, whether related to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to MELONor any other Released Party's records, programs or services); (iv) any damages arising from communications or transactions with other Users of the Services, whether through blogs, or otherwise, or persons that you meet through the Services; or (v) any other matters relating to the Services, Proprietary Materials, any User Submissions (as defined above), based in contract, tort, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not MELONhad any knowledge, actual or constructive, that you might incur such damages. Â
IN NO EVENT WILL THE TOTAL LIABILITY OF MELONOR THE RELEASED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR PROPRIETARY MATERIALS EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO MELONFOR USE OF THE SERVICES AND PROPRIETARY MATERIALS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MELONAND YOU. Â
You shall fully defend, indemnify and hold harmless MELONand the other Released Parties from any losses, damages, liabilities, costs, expenses (including legal fees), claims and proceedings arising out of your use (or the use by any person to whom you have given access to your MELONAccount) of the Services, provision of User Content and the Proprietary Materials, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights of any third party.
22. Applicable Law; Jurisdiction
The Services are controlled by MELONand operated by it from its offices in Toronto, Ontario. All disputes, claims or other matters arising from or relating to your use of the Services, the Proprietary Materials and these Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the application of any conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
23. Dispute Resolution
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms, the Services, User Content or posts, oral or written statements, advertisements or Promotions relating to these Terms or to the Services, or the relationships that result from these Terms, the MELONSoftware, the MELONSite, the Services, User Content or posts (collectively, a " Claim ") will be referred to and determined by a sole arbitrator (to the exclusion of the courts) pursuant to the Arbitration Act, 1991 (Ontario) as the same may be amended from time to time. Â
Accordingly, except where prohibited by applicable law, you hereby waive any right that you may have to commence or participate in any class action against MELONrelated to any Claim and, where applicable, you also agree to opt out of any class proceedings against Talk to Strangers. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Â
If arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. Â
You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. Â
If you choose to access the Services and/or the MELONSoftware and/or the MELONSite from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify MELONand the other Released Parties for your failure to comply with any such laws.
24. Termination
Unless otherwise provided, these Terms take effect upon your initial use of the Services and shall remain in effect until terminated as described below.
a) Termination by Talk to Strangers. Â Notwithstanding anything to the contrary in these Terms, MELONmay suspend, remove, deactivate, terminate or block your MELONAccount and your right to use the Services and may block or prevent your access to and use of the Services at any time in our sole discretion, for any reason, without explanation and without notice to you (including without limitation blocking Users from certain IP addresses). We also reserve the right to remove or block access to your MELONAccount information, User Content or data from the Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated, blocked, deactivated, removed or suspended at any time in our sole discretion, for any reason, without explanation and without notice or for cause, such as due to any breach or violation of these Terms, flagged conduct or content, third party complaints, infringement of the intellectual property rights of others, you agree that all fees then paid to MELONby you will be nonrefundable.
b) Termination by You. Â In addition to any right to cancel your subscription pursuant to Section 17, you may deactivate your MELONAccount at any time by accessing "Settings" and selecting deactivate account or by emailing our customer support team at [email protected] Â with the subject line Please Deactivate My MELONAccount . After your MELONAccount has been deactivated, and after you have logged out of the Services, your profile will not be visible to other Users. If you do not reactivate your MELONAccount within sixty (60) days, your MELONAccount will be permanently terminated and closed but some of your information (including any User Content, photos, videos, images, text, messages or data you have posted to the Services) may remain in Talk to Strangers's backup copies and logs for up to one (1) year.
c) Survival. Â Upon any termination, discontinuation or cancellation of the Services or your MELONAccount, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. If these Terms expire or terminate for any reason, Sections 1, 5, 10-13 , 16, 20-26, and any representation or warranty you make in these Terms, shall also survive indefinitely.
25. Miscellaneous
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MELONwithout restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision, or any portion thereof, of these Terms is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of MELONto exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision.
26. Language Of These Terms
The language of these Terms is English. The English language version of these Terms will govern your relationship with Talk to Strangers.
If any issue, please contact us at [email protected]
0 notes
Text
Privacy Policy
This Privacy Policy (the “Policy”) explains how information is collected, used and disclosed by Talk to Strangers. With respect to your access and use of Talk to Strangers’s services,  Talk to Strangers’s mobile applications (Talk to Strangers) or in connection with social networking services (together referred to below as “Talk to Strangers” or the “Service”).
We have prepared this Privacy Policy to describe to you our practices regarding the personal information that we collect from Users of the MELONServices. This Privacy Policy is incorporated into and forms part of our Terms of Use , which outline the terms and conditions you agree to when accessing and using the MELONServices. By accessing and using the MELONSoftware and/or by registering and using the MELONServices, you agree and consent to the collection, use and disclosure of your personal information as outlined in this Privacy Policy.
1. What personal information do we collect?
a) Information You Provide. Â We may collect personal information from you when you voluntarily provide it to us through a number of features available on the MELONSoftware. For example, when you register, use, pay to use or subscribe to any of our MELONServices or take part in any interactive features of the MELONServices (such as any contests, games, promotions, quizzes, surveys, research or other services or features), we collect a variety of personal information directly from you or when you authorize us to access certain personal information. This information includes your birth date, name, age, gender, photographs, lifestyle, physical appearance, relationship intentions, bio, religion, political views, dating gender preference, education, language, interests (movies, TV shows, books, etc.) and profile pictures, valid email address and phone number, and your choice of username and password when you register for a MELONAccount via email, etc. You may also be asked to validate your MELONAccount via email, SMS or photo with required posture. We retain passwords in hashed format only.
b) We may also ask for other personal information as indicated on the relevant forms on the MELONServices. Where possible, on these forms we will indicate which fields are required and which fields are optional.
c) In addition, as you use the MELONServices, you can from time to time enter or send to us personal information such as sending us feedback via email. Our primary purpose in collecting personal information from you is to provide you with a safe, smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer and easier. We only collect personal information about you that we consider necessary for achieving this purpose. Once registered, you are no longer anonymous to us and you can review and change certain personal information such as your bio and gender in the Edit Profile settings area.
d) Information From Content You Post. Â When you post photos or other content to the MELONServices, we collect information such as the time and date the content was taken or uploaded. We reserve the right to collect data on how you use them, who views them or with whom you share.
e) Geolocation Data.  When you use the MELONServices, we will collect your location information to determine your distance from other Users (“ Distance Information ”) through GPS, Wi-Fi and other cellular technology in your mobile device or through an Internet Protocol (“ IP address ”) address (which is a number that is automatically assigned to your computer or mobile device when you use the Internet, which may vary from session to session). Your last known location is stored on our servers for the purpose of calculating Distance Information between you and other Users. We will also collect your mobile device’s geographic location data (including GPS) or your computer’s geographic location data while the MELONService is actively running.
f) Information Automatically Collected.  When you access the MELONServices, we automatically record information from your computer and/or mobile device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave, date and time stamp and one or more Cookies (as defined below) that may uniquely identify your browser or your MELONAccount. Your mobile device’s unique device ID is unique to the mobile device on which you install the MELONServices (“ Device ID ” and “ Mobile Device ”, respectively). For example, if you installed the MELONapp on an Apple Device, we store your identifier for vendor. We create a hashed version of your Device ID and use your hashed Device ID to log you into the MELONServices. We store your Device ID and/or your hashed Device ID with other information we collect about you, including your MELONAccount and profile information and your Message information. We will also collect certain software and hardware information about your Mobile Device. When applicable, we will also receive or collect identification numbers associated with your Mobile Device (such as an Open UDID), mobile carrier, device type, firmware version and manufacturer and other diagnostic Mobile Device information.
g) Information About How You Use The MELONServices.  Additionally, we also automatically track certain personal information about you based upon your behaviour on the MELONServices, including information about your computer or Mobile Device and your activities. We create a tracking ID unique to each MELONAccount for internal tracking purposes. We use this information to do internal research on our Users’ demographics, interests, and behaviour to better understand, protect and serve you and our community. This may include information such as the pages and profiles you view, how you browse the MELONServices, your MELONCoin balance and purchases you make through the MELONServices. It can also include the various functions and features that you use, such as Messages (as defined below), the connections you make, other friends or contacts you invite to the MELONServices and profile searches you perform, or your general use of the MELONServices.
h) Log Files.  To make the MELONServices more useful to you, our servers or analytic partners, when applicable, collect log files that contain personal information listed in Section 1(e) for diagnostic purposes. We reserve the right to also use Cookies (as described below) and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “ Cookies ” are tiny computer files that a website sends to your computer or Mobile Device while you are viewing a website. We may use Cookies to provide you with a more personal and interactive experience on the MELONServices. If you choose to disable Cookies, some areas or features of the MELONServices may not work properly.
i) Messages.  When you send a message (which may include text, photos, audio or video) to other Users of the MELONServices, we will retain the messages (“ Messages ”) as required by the operation of the MELONServices.
j) Surveys.  When you participate in one of our surveys (which may be provided by a third party service provider), we may collect additional personal information that you provide through the survey. The third party survey provider’s privacy policy applies to its collection, use and disclosure of your personal information.
k) Purchases.  If you purchase any of the Paid MELONServices (as defined in our Terms of Use ) through your Google Play account and/or Apple iTunes account, MELONwill collect the iTunes unique transaction IDs and receipts data. MELONdoes not receive or process credit card information and asks you to use your Apple iTunes account to purchase Paid MELONServices on Apple devices. If you wish to use your Apple iTunes to purchase Paid MELONServices, please review Apple’s privacy policies at http://www.apple.com/privacy or as otherwise available to better understand Apple’s privacy practices.
l) Your Communications With Us And Other Users. Â We collect communications you send to us (such as emails), comments that you post on the pages that we have on a third-party service such as our Instagram, Pinterest, Twitter and Facebook channels, and messages or communications you send to us directly through those services. We may also collect any comments, photos, messages or other content or communications you and other Users share on the MELONServices. If you provide us feedback or contact us via email (e.g., for support), we will collect your name and email address, as well as any other content included in the email in order to send you a reply. If you contact us for support, we may also collect and retain certain technical diagnostic data (e.g., your Mobile Device model).
m) Third-Party Social Networking Sites. When you have enabled the use of the MELONServices through a third-party social networking site or similar site or mobile site or other application (a “ Social Networking Site ”), such as Facebook, Google+ or Twitter, you permit MELONto access certain personal information about you that is made available to MELONthrough or from that Social Networking Site. The personal information obtained by MELONvaries by Social Networking Site and may be affected by the privacy settings that you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using the MELONServices through a Social Networking Site, you are authorizing MELONto collect, use, store, and disclose, in accordance with this Privacy Policy, any and all of your information that MELONhas obtained from the Social Networking Site, including to create a profile and MELONAccount for you. Depending on the Social Networking Site and your privacy settings, MELONmay also post information to your Social Networking Site. MELONis able to access this information when you click or otherwise agree to “ accept ” or “ allow ” or “ go to ” (or other similar terms) the MELONServices on a Social Networking Site or otherwise permit the transfer of information to MELONfrom such site. If there is information about your “ friends ” or people you are associated with in your Social Networking Site account, the information that we obtain about those persons may also depend on the privacy settings that such people have with the applicable Social Networking Site. You acknowledge and agree that MELONis not responsible for, and has no control over, your Social Networking Site account or any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about MELONthat the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the MELONServices. You may also unlink your Social Networking Site account from the MELONServices by adjusting your settings on the Social Networking Site.
n) Information Provided By Others. Â We may be provided with information relating to you or your conduct on the MELONServices by other Users of the MELONServices. We also collect information that third-party organizations may provide to us, such as demographic information or fraud prevention information.
2. How do we use the personal information that we collect?
We use your personal information for the purposes described in this Privacy Policy or otherwise disclosed to you in connection with the MELONServices. These purposes include:
a) Providing the Requested MELONServices: Â We use your personal information to administer and maintain your MELONAccount and generally provide the functions and features that are part of the MELONServices (including providing communications as described below).
b) Analyzing and Develop Our Products and Services: Â We use your personal information to develop, deliver, measure, monitor, analyze and improve the MELONServices and develop new products and services.
c) Communicate With You: Â We use your personal information to respond to your comments and questions and provide customer service, to provide any messaging or communications associated with the functions and features of the MELONServices (including by email), to keep you posted on our latest product or service announcements or updates, software updates, security alerts and any technical notices and to provide you with support and administrative messages. If you do not wish to receive email from MELONyou may opt-out by following the instructions included in each communication or by contacting MELONsupport at [email protected].
d) Protect the MELONServices and Talk to Strangers’s Property:  We use your personal information to detect and prevent abusive, fraudulent, malicious or potentially illegal activities, and to protect the rights, safety or property of MELONand our Users.
e) Geographical Or GPS Location-Based Services: Â We may use your personal information to provide features of the MELONServices that may be relevant to you and your geographical location or GPS information.
f) Additional Uses: Â We may use your personal information to perform other functions as may otherwise be described to you at the time of collection or as enabled by you in relation to the MELONServices.
3. How do we disclose your personal information?
The MELONServices allow you to share personal information about yourself with other individuals and other companies, including other Users and potential Users of the MELONServices. Please consider your own privacy and personal safety when sharing your information with anyone, including information you share through your profile. Profiles may include certain personal information that was provided at registration, and other information added by you (e.g., your bio), as well as information about your use of the MELONServices (e.g., whether you were recently logged in to the MELONServices). Â for tips on using the MELONServices.
Please be advised that information on your profile, including any personal information, is viewable by other Users. We do not control who reads the information that you share or what others may do with this information, so we encourage you to use discretion and caution with respect to your personal information. Also, if you wish to share information about other Users, please consider their safety and privacy and get their consent before sharing.
Except as described below, we do not sell, transfer or otherwise disclose to third parties the personal information we collect through the MELONServices. At times we may share personal information with third parties as follows:
1.   With third party vendors, consultants, business partners and other service providers (“ Third Party Providers ”) that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving advertisements, providing fraud detection services or providing analytics services;
2. Â Â With Third Party Providers that offer a service to you jointly with us, for example, if we run a contest or promotion.
Any Third Party Providers that have access to personal information are chosen carefully by us and are required to have privacy and security standards that meet our requirements. We use contracts and other measures with our Third Party Providers to maintain the confidentiality and security of Users’ personal information and to prevent personal information from being used for any other purpose, including for any advertising or other commercial purposes. However, you should know that Third Party Providers performing services on our behalf may store, transfer and process personal information on servers located outside of Canada, in jurisdictions (including the United States) whose data protection laws differ from those of Canada. As a result, personal information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. For example, information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our Third Party Providers to maintain protections on personal information that are equivalent to those that apply in Canada.
We also reserve the right to transfer any personal information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, in connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.
We may disclose your personal information for any other purpose to which you consent.
We reserve the right to share aggregated information (not linked to your personal information) with others that is not personal information or that is in an aggregated or anonymous form that does not reasonably identify you directly as an individual.
Note that the term “ third party ” does not include companies in the same group of companies as Talk to Strangers, which includes our subsidiaries (that is, any organization we own or control) or our ultimate holding company (that is, any organization that owns or controls us) and any subsidiaries that our holding company owns. Unless otherwise indicated, these companies will use your personal information as described under this Privacy Policy.
4. Our retention of your personal information
We retain personal information for only as long as required to fulfill the identified purposes for which it was collected, and for a reasonable time thereafter, or as required by law. MELONhas retention standards which meet these requirements. MELONdestroys your personal information following the end of our retention period, when it is no longer needed, or when we remove your name from the information. We assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you.
You may deactivate your MELONAccount at any time by accessing “Settings” and selecting deactivate account or by emailing our support team at [email protected] with the subject line Please Deactivate My MELONAccount . After your MELONAccount has been deactivated and you have logged out of the MELONServices, your profile will no longer be visible to other Users. If you do not reactivate your MELONAccount within sixty (60) days, your MELONAccount will be permanently terminated and closed but some information may remain in Talk to Strangers’s backup copies and logs for up to one (1) year.
For greater clarity, Messages, photos, videos, text, comments and certain other information sent to Users may remain on the MELONServices after you deactivate your MELONAccount.
5. Legal requests; emergencies; jurisdictions
We cooperate with bona fide law enforcement inquiries and demands for information as required by law. We are also cognizant of the need to address emergencies. Therefore, we may disclose your personal information (a) to any governmental authority as part of an investigation to determine our compliance with any applicable law, rule, or regulation (including privacy laws, rules, and regulations); (b) in response to a court order, subpoena, discovery request, or other lawful judicial or administrative proceeding; © as otherwise required under any applicable law, rule, or regulation; (d) in good faith, to protect or defend our rights or property or those of other Users or investigate and defend ourselves against any third party claims or allegations; (e) enforce our Terms of Use, including the investigation of potential violations thereof; or (f) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
In some cases, personal information that we collect may be stored or processed by us outside of Canada in jurisdictions whose data protection laws may differ from Canada. In such cases, we will continue to protect the information with appropriate safeguards through contract and otherwise use reasonable efforts to ensure that appropriate protections are in place, but you acknowledge that your personal information may be subject to the governments, courts, law enforcement officials, national security authorities and laws of those countries.
6. Security
MELONtakes your privacy concerns seriously and strives to protect your personal information against unauthorized access, disclosure, inappropriate alteration and misuse. For security we use the Secure Sockets Layer (SSL/TLS) protocol for any transactions that send personal information. This encryption process protects your information, by scrambling it before it is sent to us from your Mobile Device or computer. We also make reasonable effort to ensure the security of your personal information on our system using available protection technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we make no representations or warranties as to the security of any information that you submit to us electronically in connection with the MELONServices, which you do at your own risk.
7. Advertising and Third Party Advertising Networks
We may use or share certain information with online advertising networks or similar third party vendors that display ads through the MELONServices, or to our Users. Typically, the information we share is provided through Cookies or similar technologies and is used to recognize the device or browser you are using. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests.
8. Access to your information and account management
You may access and change your MELONAccount information at any time by visiting the “ Edit Profile ” and “ Settings ” sections of your MELONAccount or the Social Networking Sites that you have connected to the MELONServices. You may also contact us for assistance using the details below if you want to access or change your MELONAccount information or close your MELONAccount.
9. Age restrictions
We do not intentionally collect or maintain personal information from people under eighteen (18) years of age. If you become aware that personal information about a person under eighteen (18) years of age has been provided to us, please immediately click on the Report button located in the drop down menu on a User’s profile or contact us using the details below.
10. Links to third party websites
Use of the MELONServices may allow you to access links to websites or apps of our partner networks, advertisers, partner merchants, retailers or affiliates and/or to other sites that are independently owned and operated by third parties. They may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any site(s) owned and operated by any such subsidiaries, affiliates or third parties and accept no responsibility or liability for their policies. Please always check the privacy policies that apply to a third party site before you provide any information to any third party site.
11. YOUR RIGHTS
We want you to be in control of your information, so we have provided you with the following tools:
· Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help here.
· Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality.
· Deletion. You can delete your account by using the corresponding functionality directly on the service.
We want you to be aware of your privacy rights. Here are a few key points to remember:
· Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). You can request a copy of your personal information by sending us an email.
· Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us here.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.
Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.
Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.
· Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
· Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.
12. RESIDENTS OF CALIFORNIA
If you are a California resident, you can request a notice disclosing the categories of personal information about you that we have shared with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request here. Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.
13. HOW WE PROTECT YOUR INFORMATION
We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.
We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.
We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately here
14. HOW LONG WE RETAIN YOUR INFORMATION
We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. To protect the safety and security of our users on and off our services, we implement a safety retention window of six months following account deletion. During this period, account information will be retained although the account will of course not be visible on the services anymore.
In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless:
1. we must keep it to comply with applicable law (for instance, some “traffic data” is kept for one year to comply with statutory data retention obligations);
2. we must keep it to evidence our compliance with applicable law (for instance, records of consents to our Terms, Privacy Policy and other similar consents are kept for five years);
3. there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
4. the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behavior or security incidents from opening a new account.
Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
15. Updates to this Privacy Policy
This Privacy Policy is Talk to Strangers’s privacy commitment to you with respect to the MELONServices. If you have questions about this Privacy Policy, please contact our Privacy Officer as described in Section 12 below. MELONreserves the right to change this Privacy Policy at any time without specific notice or obligation to you. If we make changes to this Privacy Policy, we will change the “ Last Updated ” date above and will post the updated Privacy Policy on this page. We may also provide other methods of notice or request your consent depending on the circumstances.
Any changes will be effective immediately upon the posting of the revised Privacy Policy. Your continued access to, or use of, the MELONServices after any such changes constitutes your acceptance of the Privacy Policy as revised.
1 note
·
View note