This Graphinion Social Mobile Application End User License Agreement (“Agreement”) sets forth a legally binding agreement between you (the “User”, “Licensee”) and Graphinion, LLC. (the “The Company”, “Licensor,” or “we” or “us”) for the Graphinion mobile application (including all software, code, files, images contained in or generated by the application, and the accompanying data and other embedded software), any and all application updates and documentation provided by the Company and any services performed, provided or enabled by or through the application (“Application”).
YOU UNDERSTAND THAT THIS EULA IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU AND GRAPHINION. By clicking the “accept” or “ok” button, or installing and/or using the Graphinion Social Mobile Application, you expressly acknowledge and agree to be bound by all terms and conditions contained this agreement. If you do not agree to the terms of this Agreement, do not click on the “accept” or “ok” button and do not download or use the Application. If you do not agree to all the terms and conditions of this EULA, or if you do not have such authority, you must not accept this EULA or access, install, or use this application.
The Application consists of: (a.) the Graphinion Social Mobile application which is provided in connection with an authorized link to this Agreement, including all application, code, text, graphics, logos, layouts, designs, interfaces, and other items included in or associated with the application; and; and (b.) any files that are delivered to you by Graphinion (via online transmission, through a third party distributor, or otherwise) patches, updates, or otherwise modified version of the Graphinion mobile application.
The Application and Content, and your use of the Services, are also subject to The Graphinion Terms of Use, Privacy Policy and Online chat Networking Policy (collectively "Graphinion Terms") which are incorporated into this Agreement by this reference. There may also be additional terms that Graphinion presents to you in connection with the Application, for example, at the time of download ("Additional Terms"). If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly provide otherwise.
If you are obtaining the Application from a distribution channel such as the Apple App Store of Google Play Store ("Distribution Channel"), your purchase, if the application is paid, and any subscription, if the Application or its Content requires a subscription, may be subject to additional terms of the Distribution Channel. This Agreement is between you and us only, and not with the Distribution Channel. We, rather than the Distribution Channel, are responsible for the Application and the content thereof. Note that the Application may use location-based services to locate you. If you choose to use the Application, you consent to Graphinion LLC and its third party providers determining your location.
The Application lets you connect to people. Graphinion allows people to chat on the internet with their friends and loved ones. The Application may provide a means to upload, view, share and use other similar application, or other products and services offered by Graphinion LLC (collectively, the "Services"), and audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, application, data and other content associated with the Services ("Content"). The Application, Services and Content are copyrighted works of Graphinion LLC and may contain trademarks, service marks, trade names, and other intellectual property of Graphinion LLC. Also, note that Graphinion may not store messages, so therefore we cannot be held liable in the event that we are unable to retrieve messages, because we may not have the means to provide it in the future if requested even by authorities.
YOU MAY NOT USE THE APPLICATION FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT OR LOCAL LAWS APPLICABLE TO YOU. YOUR ACCESS TO THE APPLICATION MAY BE TERMINATED IMMEDIATELY IN THE COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
We are not responsible for any problems that may result from the Graphinion Application. If you use Graphinion mobile app, you agree that you do so at your own risk and are voluntarily participating in these activities.
We reserve the right, in our sole discretion, to revise or modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the Application, and you agree to be bound by such revisions or modifications. You are responsible for reviewing this Agreement periodically. Such change will be effective 10 days following the foregoing notification and/or publishing thereof, and your continued use of the Application thereafter will constitute your acceptance of the revised Terms.
This Application was developed and is owned by Mohammed Alghamdi. All the ownership of intellectual property rights in this Application (including but not limited to any code, image, data, text and add-in programs contained in this Application and in any and all future updates, modifications, revisions and/or derivative works of the Application), and attached supporting documentation belong to Mohammed Alghamdi of Graphinion LLC and may not be used, reproduced, altered, distributed, exploit or otherwise dealt with by the Licensee without written authorization from Graphinion LLC, unless said usage, reproduction, alteration, distribution exploitation and dealing are expressly provided for in this EULA.
You acknowledge and agree that Graphinion LLC has all right, title, and interest in and to the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Graphinion LLC reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.
Subject to your full compliance with all the terms of this Agreement, the Company hereby grants you (and only you) a limited, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive, revocable license to download, install and use a copy of the Software on a mobile device, tablet, and/or computer that you own or control, and to run such copy of the Software solely for your personal, non-commercial use.
You agree to use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. Note: Your use of some third party materials included in the Application may be subject to other terms and conditions typically found in a separate license agreement located near such materials. Except as expressly stated herein, this EULA does not grant Licensee any intellectual property rights in the Application and all rights not expressly granted are reserved by Graphinion LLC.
Except as expressly provided under the previous Section (License), you agree not to, and shall not permit any third party to:
• sublicense, redistribute, sell, lease, lend or rent the Application;
• make the Application available over a network where it could be used by multiple devices owned or operated by different people at the same time;
• disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Application;
• copy (except for back-up purposes), modify, improve, or create derivative works of the Application or any part thereof;
• circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Application;
• remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Application;
• use any communications systems provided by the Application to send unauthorized and/or unsolicited commercial communications;
• use the Graphinion, logo or trademarks without our prior written consent; and/or
• use the Application to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
When you use the Application, you may connect to Graphinion LLCs' or its vendors' servers. Graphinion LLC Privacy Policy, available at Privacy Policy, governs your communication with Graphinion LLCs’ properties. You consent to our use of data that you provide or that we may collect about you through the Application, in compliance with the Privacy Policy.
The applications is a social, dating, chatting and live video streaming app etc that allows you as a user to social network and do whatever things you are interested in doing. As part of the Application, you may receive push notifications or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages"). You may control the Push Messages in your device's or the Application's settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device's or the Application's settings or by deleting the Application. We may collect information related to your use of Push Messages.
The application is designed to enable users to leave reviews on other users and therefore the review data becomes public whereby other users can view the review made by that particular user.
The Application may allow you to access and inter-operate with third party properties, Application applications, and data services (collectively, "Third Party Properties") like Facebook and other social media. Graphinion LLC does not control any Third Party Properties to which you may connect using the Application and is not responsible for the practices of any third party. You acknowledge and agree that Graphinion LLC is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Properties. You acknowledge that the Application may check for updates to the Application that may be available to you.
The Licensee may use the Application and enjoy various Services provided by Graphinion LLC and/or its Affiliates by registering a Graphinion App account (“Graphinion App Account”). The Graphinion App account is the property of Graphinion LLC. After completing the registration application for a Graphinion App Account, the Licensee then has the right to use the account. The Graphinion App account can only be used by the initial registrant and is prohibited as gift, loan, lease, transfer or sale. Graphinion LLC reserves the right to reclaim the Graphinion App account for the purpose of business development.
The Licensee has the right to change, delete the Licensee’s personal data, registration information and content submitted to the Graphinion App account. The Licensee hereby acknowledges that deleted data will not be recovered and the Licensee should bear the risk associated with such action.
The Licensee shall be responsible for the safekeeping of the Graphinion App account and the password, and be fully and legally responsible for all activities performed through the use of the Graphinion App account and the password. The Licensee should not use accounts and passwords of other Licensee under any circumstances. If the Licensee suspects his or her account is being used by others without permission, the Licensee hereby agrees to immediately notify Graphinion LLC.
The Licensee should comply with the terms of this Agreement, the correct and appropriate use of the Services. If the Licensee violates any provision of this Agreement, Graphinion LLC reserves the right to terminate the Graphinion LLC service to the Licensee based on this Agreement. Meanwhile, Graphinion LLC also reserves the right to reclaim the Licensee’s Graphinion App account.
In the event that Licensee has not logged in to his/her Graphinion App account for a long time, Graphinion LLC reserves the right to reclaim his/her Graphinion App account in order to avoid waste of resources. The Licensee shall bear the responsibility for the issues caused.
When you establish your App profile, please be aware that other users may receive certain information about you, including your name, experience and your interests. Graphinion LLC does not endorse the content, messages and/or information exchanged by means of the App and therefore you agree that Graphinion LLC is not liable with respect to the App in general and/or any action resulting there from. You concur that the content that you share via the app is not an objectionable content because the application has a mechanism that filters objectionable contents like nudity and explicit contents. In addition, other users have the rights to flag any objectionable contents that breach this license agreement.
In the event that Graphinion LLC suspects or finds out that you have shared an objectionable content, we shall take every measure to terminate your usage of the application. In addition, any abusive users found on the Graphinion LLC platform shall be terminated immediately within 24 hours reviews shall be removed and user ejected from using the application.
You therefore acknowledge that Graphinion LLC owns and reserves the right to use all contents, including private videos shared or uploaded on the Graphinion LLC.
Notwithstanding anything contrary to this EULA and to the maximum extent as permitted by law, Graphinion LLC shall have the right to terminate this EULA on thirty (30) days written notice to the Licensee without giving reasons for such termination and without incurring penalties of any nature whatsoever.
If the Licensee breaches any of the stipulations in this EULA, in above, Graphinion LLC may, at its sole and absolute discretion, immediately terminate, suspend in part or in whole, or restrict the Licensee’s right to use of the Application without notice.
The Service may from time to time allow you to submit user-generated content and information (“User Content”). You agree that you are solely responsible for all User Content including all information, data or other materials that you upload or submit to the App or Site.
All message content, images, postings, remarks, suggestions, and other information and materials that you communicate through the Application or other means are subject to the following license grant.
By publishing Your Content through the Application, and unless The Company indicates otherwise, you grant and acknowledge that you have granted to the Company and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, copy, modify, display, adapt, publish, translate, create derivative works from, publicly perform, reverse engineer, transfer, transmit, broadcast, distribute, license, sell, give or otherwise make available Your Content throughout the world in any form or media now or in the future known. You further grant the Company and its affiliates the right to use non-materially alter or omit the name you submit in connection with Your Content.
We always welcome consumer feedback and appreciate your interest in sharing your thoughts with us. However, it is our policy not to accept or consider unsolicited ideas from outside the Company, including ideas for new or improved products, technologies, product names, or promotion or marketing strategies. The Company’s research and technical staff continuously work to improve The Company’s products and methods and develop new products. The development process for new items may continue for several years before being introduced to our customers. Should you submit an idea, suggestions for improvements or other feedback to The Company (a “Submission”) despite The Company’s policy, The Company will treat the Submission as non-confidential and non proprietary and The Company will be free to use the Submission for any purpose and will not be obligated to return or acknowledge receipt of your Submission or making any payment to you or anyone else. Without limiting the previous paragraph, all such Submissions that you communicate to the Company become and remain our property and you hereby irrevocably assign to the Company all worldwide right, title, and interest in and to such Submissions, including all intellectual property and other proprietary rights therein. If and to the extent that you do not have the right to grant this assignment or this assignment is not enforceable, such Submissions shall be subject to the license grant by you to The Company set forth above.
Certain features or functionality (“Features”) of the Application may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy. If you do not provide or make such Location Data accessible then the Features may be limited or not operate. The Application may not be available in all geographic locations.
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of the Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of the Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by the Company.
You are not authorized to use the Company’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of The Company, which may be withheld for any or no reason.
The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed “open source” or “publicly available” software.
You and The Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, you (and not The Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will however, promptly notify The Company in writing of such a claim.
GRAPHINION LLC DOES NOT WARRANT: (1) THAT THE APPLICATION'S FUNCTIONS OR ANY SERVICES OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. GRAPHINION LLC SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. GRAPHINION LLC AND THE DISTRIBUTION CHANNEL DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AVAILABILITY AND AS TO SUBJECT MATTER OF CONTENT. THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE APPLICATION OR ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.
The Distribution Channel will not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (i.) product liability claims; (ii.) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii.) claims arising under consumer protection or similar legislation. If you have any questions on those issues, you should contact us at the address below. The Distribution Channel will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
THE COMPANY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE APPLICATION (INCLUDING THE SERVICES AND CONTENT AVAILABLE THROUGH THE APPLICATION) OR THIS AGREEMENT, EVEN IF FORESEEABLE OR EVEN IF GRAPHINION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL GRAPHINION LLC' LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO ACQUIRE THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF GRAPHINION LLC' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, DOCUMENTARY, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY GRAPHINION LLC, INCLUDING WITHOUT LIMITATION THE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold Graphinion LLC and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the "Graphinion Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Graphinion Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Graphinion LLC' or its vendors' servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Graphinion LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Graphinion LLC, and you will cooperate with Graphinion LLC' defense of these claims.
This Agreement is effective until terminated. You may terminate this Agreement at any time by: (i.) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii.) ceasing to use the Services and Content available through the Application. Graphinion LLC may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 2 will immediately terminate. The provisions in Sections 1, 2, 3, 4, 5, 6, 7, 8, 11, 12,13,14,15,17,18,19, 22, and 24 will survive any termination.
The Company does not warrant that the Application will be compatible or interoperable with Your device or any other piece of hardware, application, equipment or device installed on or used in connection with your Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent the damage to Your Device, loss of the data located on Your Device, and Corruption of the application and files located on Your Device, You acknowledge and agree that we and our affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
The Company may make available to you updates, upgrades, supplements and add-on components (if any) of the Graphinion App, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any Graphinion Mobile Application (including entirely new versions), (collectively "Update") after the date you obtain your initial copy of the Graphinion App. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update.
Nothing in the EULA is intended to, or shall be deemed to, establish any agency, partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the United States of America. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Las Vegas, Nevada, USA. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
The User may not assign or try to assign, sublicense, or otherwise deal with any of the rights and obligations under this EULA. We shall be entitled to freely assign, at any time and without the User’s prior consent, any or all of its rights and obligations under this EULA to any third party at its discretion whether or not as part of the transfer of all or a substantial part of its business. We will notify the User of any such assignment within one month after such assignment becomes effective. The EULA will be binding on, and inure to the benefit of, our successors and/or assigns.
Our failure to exercise or enforce any of our rights under this EULA is not to be taken as or deemed a waiver of that right.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This License, including the documents incorporated hereby reference, constitutes the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understanding regarding such subject matter.
The User acknowledges to reading and understanding this EULA and agrees to be bound by its terms. The express terms of the EULA are in lieu of all implied warranties of merchantability, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
If you have questions or wish to send us comments about this agreement, please contact us at:
Customer Service
Department Mohammed
Alghamdi Graphinion LLC
5419 W Tropicana Ave 2914
Las Vegas, Nevada
Phone No.: +1 (702) 724-6418
Email: admin@graphinion.com