Terms of Service

Terms of Use

Welcome to Naughty. ("Naughty", "We", "Us", "Our") mobile device software application, Web site, and any other mobile or web services or applications. Users who access, download, use, purchase and/or subscribe to the Naughty Services (collectively or individually "You" or "Your" or "User" or "Users") must do so under the following Terms and Conditions of Service and Privacy Policy.

Acceptance of Terms

By accessing or using our Services, you agree that you must be 18 year old or older, you understand and agree to these Terms. To use the Services you must comply with these Terms: You must have a valid email address if using an email platform to sign up for an account. You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify Naughty immediately at support@ naughtydateapp.com. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Modification to Terms of Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT Naughty SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Naughty with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.

Privacy

Your privacy is important to us. Please carefully review our privacy policy at naughtydateapp.com/privacy_policy. Our privacy policy details the way we collect, use and disclose information about you.

Content and Content Rights

For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.

OUR REFUSAL OR SUSPENSION OF YOUR SERVICE

You may terminate Your Account at any time for any reason, by following the instructions given in the Naughty Services. Upon the cancellation of Your account, this Agreement will immediately terminate.

If You have a User Account set up for recurring billing for a Premium Service, You may cancel Your User Account at any time. You will continue to have the same access for any billing period or periods for which You have paid. If we believe that Your profile content or Your conduct within the Naughty Services violates Our Terms of Service, Your access and User Account may be immediately terminated and no refunds will be given.

Naughty RESERVES THE RIGHT TO REFUSE OR SUSPEND ACCESS TO ANY USER, FOR ANY REASON OR NO REASON, AND WITHOUT ANY NOTICE.

Naughty may terminate any User Account You have with the Naughty Services or Your use of the Naughty Services or any portion thereof, if Naughty believes that you have breached this Agreement, or for any other reason, in its sole discretion. Naughty may also remove and discard all or any part of Your User Account or any User Content (as defined below), at any time. You agree that any termination of Your access to the Naughty Services or any User Account You may have or portion thereof may be effected without prior notice, and You agree that Naughty will not be liable to You or any third party for any such termination. For example, We may deactivate Your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all Your User Content from the Naughty Services upon any termination or cancellation of Your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of the Naughty Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Naughty may have at law or in equity.

In addition, you shall not:
1. Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group.
2. Post any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content or information or any content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
3. Inappropriately solicit or attempt to solicit personal information from other users of the Services, nor shall you harvest or post anyone’s private information, including personally identifiable or financial information in or through the use of the Services.
4. Advertise, spam or distribute any malware, spyware or other malicious content in or through the Services.
5. Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations.
6. Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other player's use or enjoyment of the Services.
7. Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services.
8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services.
9. Attempt to gain unauthorized access to the Services, player accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the Services' user interface.
This provision is not meant to be exhaustive, and Naughty reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services.
If You believe that Naughty has suspended or terminated Your User Account in error, You may contact Us at support@naughtydateapp.com at any time.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Naughty a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. If you want to terminate this license at any time, please email support@naughtydateapp.com. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Naughty on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Naughty

Subject to your compliance with these Terms, Naughty grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. Each user is responsible for any content or information they post or transmit in the Services and Naughty assumes no responsibility for the conduct of any user submitting any content or for the information transmitted by any user. You shall not make available in the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person. Naughty assumes no responsibility for monitoring the Services for inappropriate or illegal content or conduct, and has no obligation to monitor player content. To the extent Naughty becomes aware of any player content it shall have the right, in its sole discretion, to edit, refuse to post, or remove any player content. As you use the Services, Naughty may monitor and/or record your use of the Services and/or communications while you are playing the Services and you hereby provide your irrevocable consent to such monitoring and recording.

YOUR INDEMNIFICATION OF US; YOU HOLD HARMLESS Naughty

You agree to indemnify, defend, and hold Naughty harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, brought by a third party arising out of or related to (a) Your use or misuse of any location information or the other Naughty Services generally, (b) any violation of the rights of any other person or entity by You, (c)any alleged breach or violation by You of this Agreement, or (d) Your use of the Naughty Services to meet another User in person or to locate and attend any offline place or event. Naughty reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the Naughty Services.

Subscription & Membership
We offer 3 subscription options for VIP membership service with the price from $14.99 per month to $52.99 every 6 months to choose from. Your iTunes account will be charged at confirmation of your purchase. Here are the options:
1-month subscription with auto renewal: $14.99.
3-month subscription with auto renewal: $30.99.
6-month subscription with auto renewal: $52.99.

Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice.
Please note that with all subscriptions:
- Payment will be charged to iTunes Account at confirmation of purchase.
- No cancellation of the current subscription is allowed during active subscription period.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
- Auto-renewal may be turned off by going to the user's iTunes Account Settings after purchase.

Details about auto-renewing subscription:

- If you choose to purchase "1-month" VIP membership service, payment will be charged to your iTunes account. The length of this subscription is 1 month and the price of it is $14.99 USD. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal for $14.99 USD/month within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase.

- If you choose to purchase "3-month" VIP membership service, payment will be charged to your iTunes account. The length of this subscription is 3 months and the price of it is $30.99 USD. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal for $30.99 USD within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase.

- If you choose to purchase "6-month" VIP membership service, payment will be charged to your iTunes account. The length of this subscription is 6 months and the price of it is $52.99 USD. Prices are in U.S. dollars, may vary in countries other than the U.S. and are subject to change without notice. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal for $52.99 USD within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase.

Feedback
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Naughty may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

Choice of Law, Venue and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of HK, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Naughty related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in HK. You agree to submit to the personal jurisdiction of the courts located within HK for the purpose of litigating all such claims or disputes.

Disclaimer of Warranties, Limitation of Damages and Release and Indemnity

You agree that the provisions of this section will survive any termination of your account or of the Services.
THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY Naughty ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Naughty DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Naughty BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Naughty, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Naughty FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST Naughty ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, Naughty FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.
MISCELLANEOUS PROVISIONS

Severability, Waiver of Agreement Provisions.

You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Naughty may provide You with notices, including those regarding changes to this Agreement, by email or postings on the Naughty Services. You hereby consent to the use of electronic communications.

You May Not Assign, But Naughty May. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, Naughty may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word "including" means "including without limitation." This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
Termination

Notwithstanding any of these Terms, Naughty reserves the right without notice and in its sole discretion to terminate your license to use the Services and block or prevent your future access to, and use of, the Services. You may terminate your license to the Services by sending notice to Naughty at support@naughtydateapp.com with the subject line "Termination".