Terms of Service

You may browse the Site and view content without registering or purchasing a subscription, but as a condition to using certain aspects of the Services, you are required to register with Summer and represent, warrant and covenant that you provide Summer with accurate and complete registration information (including, but not limited to Snapchat Bitmoji and display name, user name (“User Name”), e-mail address and/or mobile telephone number, profile name, picture and a password you will use to access the Services) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Summer account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.Summer will have the right to use your registration information in connection with servicing and operating the Summer Platform. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third party to use your login information, registration information or User account, and (v) to notify Summer of any breach of security by promptly sending Summer an e-mail to support@Summerdating.co. You agree that you will be liable for all activities that occur under your User account, even if such activities were not committed by you. Summer is not responsible for any loss or damage as a result of someone else using your User account, registration information or password with or without your knowledge. You acknowledge and agree that certain User account information (such as your account profile name and/or picture) that you provide in connection with the registration of your account will be publicly viewable by all Users of the Summer Platform.We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Summer community.THE SERVICES ARE NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY Summer. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. Furthermore, by using the Services, you affirm that either you are at least 18 years of age or have been authorized to use the Services by your parent or legal guardian who is at least 18 years of age and entered into these Terms on your behalf. If you are using the Services on behalf of an entity, then you represent and warrant that you have the authority to bind that entity or organization to these Terms and you agree to be bound by these Terms on behalf of that entity or organization.In addition, you must not be prohibited from receiving any aspect of our Services under applicable laws or engaging in payments related to the Services. For example, you must not be a convicted sex offender or on an applicable denied party listing.Summer complies with all applicable laws, including those pertaining to the protection of minors. We do not permit the Summer app to be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography or content otherwise depicting child exploitation.We have zero tolerance for predatory behavior on Summer, and we will report any discovered violation of the prohibition on child pornography or other instances of child exploitation to the National Center for Missing and Exploited Children, who works with global law enforcement agencies to investigate such unlawful behavior. We will also take steps to remove child pornography or content otherwise depicting child exploitation (or otherwise block access to the content determined to contain child pornography or exploitation) from the Summer Platform. Suspected violations of this prohibition may be reported to Summer at the following e-mail address: legal@Summerdating.co. For more information about online safety, visit www.ncmec.org. Finally, we must not have previously disabled your account for violation of law or any of our policies.

As between any User and Summer, Summer retains all right, title and interest in and to the Summer Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Summer Platform, (iii) all other materials and content uploaded or incorporated into the Summer Platform, including, without limitation, all Summer Platform content (but excluding User Content (defined below), which is owned by the applicable User subject to the User Content license granted to Summer pursuant to these Terms), (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of such intellectual property as a Collective Work under the United States Copyright Act, as amended (collectively, “Summer Platform IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Summer Platform IP other than the express license granted therein pursuant to these Terms. Summer Platform IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization). Subject to your compliance with these Terms, and any other policies we make available to you from time to time, Summer grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Services for your non-commercial use or internal business use, solely as permitted by the tools, products, services, functionalities and/or features of the Summer Platform, subject in all respects to these Terms, and not for redistribution of any kind; (b) download, install and use the Summer Platform on one or more mobile device(s) (e.g. cell phone or tablet), which natively executes an operating system supported by Summer, and that you own or control for your non-commercial use or internal business use; and (c) use products or services offered within the Summer Platform or Site.You agree that any software that we provide you, including the Summer Platform, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of our Services. You may withdraw consent by ceasing to use the Services.You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you may not adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.

Some of our Services assist you with creating, uploading, posting, sending, receiving and storing images (such as your profile photo), videos, messages, and other information (“User Content”).Nothing is changing about your rights in your content. We do not claim ownership of the User Content that you post on or through the Services.Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos) on or in connection with our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, adapt, modify, run, copy, publicly perform or display, publish, translate, and create derivative works of your content (consistent with your privacy and application settings) and to authorize other users of the Services and other third-parties to view, access, use, download, adapt, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.For the avoidance of doubt, the rights granted in the preceding paragraphs of this paragraph include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (a “PRO”), a sound recording PRO, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.You can end these licenses anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. Furthermore, you grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) generate anonymized or de-identified information (“Aggregated Statistical Information”); and (2) using your User Content as described in the Privacy Policy.

Through-To-The-Audience Rights.
All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.

Waiver of Rights to User Content.
By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.To learn more about how we use information, and how to control or delete your content, review the Privacy Policy at www.Summerdating.co/privacy. You also represent and warrant that you have all necessary rights to perform the foregoing activities in respect of the User Content (including in respect of User Content that contains personal information), having provided all notices and disclosures, obtained all applicable consents and permissions, or otherwise have all authority, in each case as required by applicable laws, to enable us to perform the Services. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Summer Platform unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Summer Platform.Notwithstanding any other provision in these Terms, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such guides may be amended from time-to-time by the FTC. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf.

Permission to use your username and profile picture with accounts, ads, and sponsored content.
You give us permission to show your username, profile photos, and information about your actions (such as messages) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Summer products, without any compensation to you. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.While we aren’t required to, we may review, screen and delete your User Content and/or user account at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content.If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).We’re always happy to hear from you but if you volunteer any feedback or suggestions about Summer or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.You acknowledge and agree that Summer may establish general practices and limits concerning use of the Summer Platform, including without limitation the maximum number of days that User Content posted to the Summer Platform will be retained by, or made available through, the Summer Platform, and the maximum storage space that will be allotted on Summer’s servers on your behalf. You agree that Summer has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Summer Platform. You further acknowledge that Summer reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.

Providing a safe and open service for a broad community requires that we all do our part. Accordingly, when using the Services, you agree to the Summer Community Guidelines, at www.Summerdating.co/community, as well as the following:
● You can't impersonate others or provide inaccurate information. You must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.
● You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
● You can't violate (or help or encourage others to violate) these Terms or our policies. Learn how to report conduct or content in our help center.● You can't do anything to interfere with or impair the intended operation of the Services.
● You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
● You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
● You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property. Learn more, including how to report content that you think infringes your intellectual property rights, at clause 9 of these Terms.
● You can't use a domain name or URL in your username without our prior written consent.
● You can’t decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction.Without limitation to the foregoing, you may not upload, post, send, comment on or store content that:
● violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
● promotes an illegal activity or that impersonates any other person or entity, including Summer;
● is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
● is harmful to minors in any way or targeted at persons under the age of 18 (or such other age as determined by us at our sole discretion, taking into account factors such as the jurisdiction in which you are a resident);
● spams or solicits Summer users to purchase anything;
● requests any form of identification or illegal content from Summer users; or
● interferes with the positive experience of other users of the Summer Platform, in Summer’s discretion.You agree not to use the Services to:
● upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
● collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers);
● disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack);
● attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or
● interfere with another user’s use and enjoyment of the Services.The Summer Platform enables Users to communicate and interact with other Users, including, without limitation, sending messaging between Users. You are solely responsible for all of your interactions with the Summer Platform and other Users/User Content on or through the Summer Platform. In your interactions with other Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times. You acknowledge and agree that Summer will not be responsible for the actions of any Users with respect to any other User or User Content, and that Summer does not actively monitor or police the specific interactions between Users of the Summer Platform and other Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Summer harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content (whether online or offline). Notwithstanding the foregoing, Summer reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other Users or User Content, and where that has occurred, and may in its sole discretion, partially or completely deny, suspend or terminate access to the Summer Platform to any User that it determines has engaged in such behavior.

We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.We can also terminate these Terms or deactivate your Summer account or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks.We can remove any content or information you share on the Services if we believe that it violates these Terms, our policies or we are permitted or required to do so by law, or in response to complaints from other users or third parties, with or without notice and without any liability to you. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your message does not comply with the content standards set out in these Terms. We can refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our help center.Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "How We Handle Disputes," will still apply even after your account is terminated or deleted.We will not be liable to you for terminating this Agreement, including for termination of your Summer account or deletion of your content. No matter who ends this agreement, you and Summer will continue to be bound by Sections 3 (Rights You Give to Us), 6 (Privacy), 7 (Safety and Respecting the Rights of Others), 10 (Ownership), 11 (Copyright), 12 (Third Party Services), 13 (Modifying the Services and Termination), 13 (Additional Terms for Specific Services), 15 (Who is Responsible if Something Happens), 16 (How We Handle Disputes), 17 (Severability), 18 (Final Terms) and 19 (Updating These Terms).California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an external service (e.g., Apple ID, Google Play), you must cancel through your external service. If you subscribed through your Apple ID, refunds are handled by Apple, not Summer. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting Summer’s member services at support@Summerdating.co , or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: support@Summerdating.co , Attn: Cancellations. You may have these terms of use e- mailed to you by sending a request to Summer’s Terms Inquiries, at support@Summerdating.co . In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

TO THE EXTENT PERMITTED BY LAW, Summer, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Summer PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES AND ANY CONTENT OR FEATURES THEREON AVAILABLE ON THE SERVICES, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE Summer PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICES AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL USER CONTENT YOU UPLOAD TO THE SERVICES.THE Summer PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, OR THAT THE SERVICES AND ANY CONTENT OR FEATURES THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO Summer PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.IN NO EVENT WILL ANY Summer PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICES AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Summer PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Summer’S LIABILITY, AND THE LIABILITY OF ANY OTHER Summer PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.We don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Services, as noted above under “Third Party Services”.You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Services. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Terms of Service

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