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@Hooksng
[Terms of Use]
TERMS OF USE AGREEMENT

By accessing or using SMN’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.

Your use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from SMN (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.

Before you create an account on SMN, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant SMN.

By using our Services, you represent and warrant that:

  1. You are at least 21 years old;
  2. You are legally qualified to enter a binding contract with SMN;
  3. You are not located in a country that is subject to a Nigeria Government embargo, or that has been designated by the Nigeria Government as a “terrorist supporting” country;
  4. You are not on any list of individuals prohibited from conducting business with the Nigeria;
  1. You are not prohibited by law from using our services;
  2. You have not have been convicted of or pled no contest to a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence;
  3. You are not required to register as a sex offender with any state, federal or local sex offender registry;
  1. You do not have more than one account on our Services; and
  2. You have not previously been removed from our Services by us unless you

have our express written permission to create a new account.

If at any time you cease to meet these requirements, you must immediately delete your account.

It is essential that you understand your rights and responsibilities about the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to

  • content that you upload or provide while using our Services (“Your Content”);
  • content that other users upload or provide while using our Services (“Member Content”); and
  • content that SMN provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and indirect messages between users.

3a. YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether about you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand you agree that we have no obligation to display or review Your Content.

3b. MEMBER CONTENT

While you will have access to Member Content, it is not yours, and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the material and is stored on our servers and displayed at the direction of that user.

You do not have any rights about Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

3c. OUR CONTENT

SMN owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remain with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

SMN does not tolerate inappropriate content or behaviour on our Services.

We are committed to maintaining a positive and respectful SMN community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also email SMN Customer Service at support@hooksng.com.

Member Content is subject to the terms and conditions of Sections 512(c) and 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.

Privacy is important to us. We have a separate policy about it that you should read.

For information about how SMN and its affiliates collect, use, and share your data, please read our Privacy Policy. By using our Services, you agree that we may use your data by our Privacy Policy.

SMN grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, SMN grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by SMN and permitted by these Terms and applicable laws.

You own all of the content you provide to SMN, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to SMN a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute. Your Content, including any information you authorise us to access from Facebook or another third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. SMN’s license to Your Content shall be non-exclusive, except that SMN’s license shall be exclusive concerning derivative works created through the use of our Services. For example, SMN would have proprietary permission to screenshots of our Services that include Your Content.

Also, so that SMN can prevent the use of Your Content outside of our Services, you authorise SMN to act on your behalf concerning infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices under DMCA Takedown Notices on your behalf if Your Content is taken and used by third parties outside of our Services. SMN is not obligated to take any action about the use of Your Content by other users or third parties. SMN’s license to Your Content is subject to your rights under applicable law (for example, rules regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for SMN allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to SMN regarding our Services, you agree that SMN may use and share such feedback for any purpose without compensating you.

You agree that SMN may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

You will have the opportunity to purchase products and services from SMN. If you are buying a subscription, it will automatically renew – and you will be charged – until you cancel.

SMN may offer products and services for purchase through iTunes, Google Play, or other external services authorised by SMN (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). SMN may also offer products and services for sale via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, by the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilised without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to entirely terminate your membership, you must cease your membership as outlined in Section 9.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

Foreign Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general conditions applicable to your External Service Account. Some External Services may charge you a sales tax, depending on where you live, which may change from time to time.

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, SMN may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a SMN subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care. SMN will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Individual users may be entitled to request a refund. See Section 8d below for more information.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

Domestic Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize SMN to charge the payment method you provide (your “Payment Method”). SMN may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, SMN may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a SMN subscription. If your chargeback or other payment reversal is overturned, please contact Customer Care.

You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Also, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to SMN may be through MTCH Technology Services Limited, and if you live in Nigeria, that your payment to SMN may be through Funney Event Management. Individual users may be entitled to request a refund. See Section 8d below for more information.

8c. VIRTUAL ITEMS

Virtual items are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to tokens that are redeemable for other virtual items, such as Super Yes and Highlight,” (“Virtual Item(s)”) from SMN. You may only purchase Virtual Items from our authorised partners or us through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value but instead represents a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate by the terms of this Agreement, on the earlier of when SMN ceases providing our Services, or your account is otherwise closed or terminated.

SMN, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. SMN may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. SMN shall have no liability to you or any third party if SMN exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT SMN IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

8d. REFUNDS

Generally, all purchases are non-refundable. Special terms apply in Lagos and the states Nigeria.

Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for returns.

Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time before midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.

SMN reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that SMN regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by SMN for any reason, these Terms continue and remain enforceable between you and SMN, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted by our Privacy Policy.

SMN does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.

You understand that

  • SMN does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users.
  • SMN makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users.
  • SMN reserves the right to conduct – and you authorise SMN to conduct – any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you at this moment authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.

  • Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following the safety tips and other sensible safety precautions.
  • Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the service, including automatic notifications sent by SMN, may result from users engaging with the service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
  • Though SMN strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
  • SMN’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
  • SMN provides our services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
  • SMN does not represent or warrant that (a) our services will be uninterrupted, secure, or error-free, (b) any defects or errors in our services will be corrected, or (c) that any content or information you obtain on or through our services will be accurate. Furthermore, SMN makes no guarantees as to the number of active users at any time; users’ ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the services.
  • SMN takes no responsibility for any content that you or another user or third party posts, sends, or receives through our services nor does SMN take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communication through SMN. Any material downloaded or otherwise obtained through the use of our services is accessed at your discretion and risk.
  • SMN is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.

We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

SMN has adopted the following policy toward copyright infringement, including the following:

  1. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access disabled and information reasonably enough to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Like many subscription-based services, there are ads on our websites.

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. SMN may also provide non-commercial links or references to third parties within its content. SMN is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, SMN is not responsible for and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. SMN is not responsible or liable for such third parties’ words or actions.

SMN’s liability is limited to the maximum extent by applicable law.

To the fullest extent permitted by applicable law, in no event will SMN, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) Your access to or use of or inability to access or use the services, (ii) The conduct or content of other users or third parties on through, or following use of the services; or (iii) Unauthorized access, use, or alteration of your content, even if SMN has been advised of the possibility of such damages. In no event will SMN’s aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to SMN for the services while you have an account.

THE LIMITATION OF LIABILITY PROVISIONS outlined in THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL concerning THEIR ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages so some or all of the exclusions and limitations in this section may not apply to you.

In the unlikely event that we have a legal dispute, here is what you need to know.

If you are dissatisfied with our Services for any reason, please contact SMN Customer Service first so that we can try to resolve your concerns without the need for outside assistance. If you choose to pursue a claim against SMN, these terms will apply.

15a. GOVERNING LAW

NIGERIA law and the Federal Arbitration Act will ask if there is a dispute (except in the EU and where prohibited by law).

Except for users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Lagos, NIGERIA, excluding Lagos’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the preceding, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Lagos governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

15b. VENUE

Any claims that are not submitted to arbitration for any reason must be litigated in Lagos state (except for claims brought in small claims court, and in the EU or where prohibited by law).

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for applications that may be appropriately brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Lagos State, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with SMN that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Lagos, NIGERIA You and SMN consent to the exercise of personal jurisdiction of courts in the State of Lagos and waive any claim that such courts constitute an inconvenient forum.

You agree to indemnify SMN if a request is made against SMN due to your actions.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless SMN, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.

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By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, (iii) the Community Guidelines, and (iv) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.

The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons involved to any requirement. Any word both capitalised and un-capitalised will be deemed to have the same meaning.

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and any Additional Terms Upon Purchase, contain the entire agreement between you and SMN regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your SMN account is non-transferable and all of your rights to your account and its content terminate upon your death unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind SMN in any manner.

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