Welcome to GENS! These Terms of Service ("Terms") govern your access to and use of the GENS dating application, website, and any related services (collectively, the "Service") provided by GENS (referred to as "we", "us", or "our"). By accessing or using the Service, you ("you" or "User") agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you and GENS.
2. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter these Terms. You are solely responsible for ensuring that your use of the Service complies with all applicable laws, rules, and regulations.
3. Account Creation and Use
Account Registration
To use the Service, you will need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your information to keep it accurate, current, and complete.
Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to disclose your password to any third party and to take reasonable steps to prevent unauthorized access to your account. You are solely responsible for all activities that occur under your account.
One Account
You agree to create and maintain only one account. Creating multiple accounts is a violation of these Terms and may result in the termination of all your accounts.
Non-Commercial Use
The Service is for your personal, non-commercial use only. You may not use the Service for any business, commercial, or advertising purposes without our express written consent.
4. User Content
Your Content
You are solely responsible for the content, information, and materials you upload, post, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us and other users to use your User Content as contemplated by these Terms.
Prohibited Content
You agree not to upload, post, transmit, or otherwise make available any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- Infringes or violates any intellectual property rights, proprietary rights, or other rights of any third party.
- Contains viruses, worms, Trojan horses, or other harmful or disruptive components.
- Is false, misleading, or misrepresentative.
- Solicits personal information from minors.
- Promotes illegal activities or hate speech.
License to User Content
By posting User Content on or through the Service, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with the operation and provision of the Service. This license is perpetual and irrevocable with respect to content that is shared with other users and remains on the Service.
Content Removal
We reserve the right, but have no obligation, to review, monitor, remove, or edit User Content at our sole discretion, without notice and for any reason, including if we believe it violates these Terms.
5. User Conduct
You agree to use the Service in a respectful and appropriate manner and not to:
- Harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Solicit personal information from other users without their explicit consent.
- Engage in any form of spamming, advertising, or solicitation without our express written consent.
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or its content.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service.
- Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available.
- Attempt to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service.
- Engage in any activity that could damage, disable, overburden, or impair the Service.
- Use the Service for any illegal or unauthorized purpose.
6. Verification and Accountability
GENS may implement verification systems to enhance user authenticity and promote a more accountable environment. You agree to cooperate with any verification processes we may implement. While we strive to create a respectful community, we are not responsible for the conduct of our users. You are solely responsible for your interactions with other users. We encourage you to exercise caution and good judgment in all interactions. You agree to report any inappropriate behaviour or content to us.
7. Premium Features and Subscriptions
GENS may offer premium features or subscription services for an additional fee ("Premium Features"). If you choose to subscribe to Premium Features, you agree to the applicable pricing and payment terms. Your subscription will automatically renew unless you cancel it before the end of the current billing period. You can manage and cancel your subscriptions through your account settings. We reserve the right to modify the pricing and features of our Premium Features at any time.
8. Termination
We may terminate or suspend your access to the Service without notice and for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Service will immediately cease. You may also terminate your account at any time through your account settings. Sections 4 (User Content), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law and Dispute Resolution) will survive any termination of these Terms.
9. Disclaimer of Warranties
Important Legal Notice
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICE OR THE CONDUCT OF ANY USERS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
10. Limitation of Liability
Liability Limitation
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless GENS, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.
12. Third-Party Links and Services
The Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tasmania, Australia, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be exclusively resolved in the courts located in Tasmania, Australia, and you hereby consent to the jurisdiction of such courts.
14. Changes to These Terms
We reserve the right to modify or update these Terms at any time in our sole discretion. We will provide notice of any material changes to these Terms, such as by posting the updated Terms on the Service or by sending you an email notification. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes.
15. Entire Agreement
These Terms constitute the entire agreement between you and GENS regarding your use of the Service and supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
