Updated November 14, 2018
Welcome to #open, (https://hashtagopen.com) whether through a mobile device, mobile application or computer (together “#open”).
#open is provided to you by Open App, LLC (“us”, “we”, or “our”). We are a Limited Liability Company registered in the state of Connecticut. Our registered office is at 18 N Main St, West Hartford CT 06107.
Use of #open
If you are a fee paying subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are a non-fee paying subscriber, any changes will become effective as soon as we notify you of them or otherwise make them available on #open.
Community Membership & Registration
Your access to #open is permitted on the basis that:
- You are aged 18 years old or over;
- You provide correct, current and complete information about yourself when registering.
You may terminate your community membership with us at any time by scrolling to the bottom of the Profile tab in the app, and selecting ‘Delete Account”.
Important: if you are a fee paying subscriber, you will also need to unsubscribe from #open via your iTunes / AppStore account or Google Pay account to ensure your account is fully terminated.
Following your request, we will promptly deactivate your account and your access to #open will cease. We will delete all content stored in your account and your user details (except where we are required by law to retain such details or need to retain any details for legal reasons). You will lose all matches and swipes when we terminate your account. Any details that are retained will be archived in a non-active database in accordance with our Data Retention Policy. We are not able to restore a deleted account.
Access to #open
Our right to restrict your access or use of #open may include (but shall not be limited to) limiting the number of your connections and your ability to contact other members through our messaging service.
Availability of #open
#open is available on a temporary basis. We update #open regularly and we may change the Content at any time. We reserve the right to withdraw or amend #open without notice. We will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if #open is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.
You are responsible for making all arrangements necessary to access #open.
Please note that use of #open is subject to your device complying with our minimum standard technical specifications and compatibility requirements. You are advised to check this specification to ensure that your portable device is compatible with #open and we shall not be liable for any failure arising in #open from such incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
Reliance on #open and the Content
We will endeavour to operate #open and publish the Content using reasonable skill and care and will use reasonable efforts to promptly remedy any fault of which we are aware. This is the full extent of the promises or warranties we give you regarding #open and the Content.
#open and all Content are provided on an 'as is' basis, and we do not make any promises or warranties regarding their quality, accuracy, security, timeliness or currency, fitness for purpose, availability, or functionality.
Content made available on #open is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted on #open (including by other users who may use #open) are not intended to amount to advice, recommendations or endorsements on which reliance should be placed.
We disclaim all liability and responsibility arising from your use of #open (including but not limited to loss of reputation, death, bodily harm, emotional distress, domestic distress, breakdown of relationship and/or any other damages resulting from communications or meetings with other members or persons you meet through #open) and any reliance placed by any visitor to or user of #open or anyone who may be informed of any of Content, to the fullest extent permitted by law.
You are solely responsible for your interactions with other members. We are not responsible for the conduct of any member. We do not check statements made by our users. We do not run criminal background checks on our members. We make no representations or warranties as to our members’ conduct or their compatibility with any current or future members.
Your Content / User Content
#open enables you to upload your own content on to #open or take part in conversations and discussions (“Your Content” or “User Content”).
Your Content must comply with the Community Rules as set out below.
You take full responsibility for any of Your Content that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to Your Content. You own the intellectual property and other rights in Your Content. However, you give #open a limited licence to publish Your Content so that #open may provide app services effectively (e.g. you licence your profile photo to #open so that #open can place the photo on your profile).
#open and the Content are protected by certain rights. These rights include all patents, rights to inventions, copyright, database rights, performer’s property rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs and all other intellectual property and proprietary rights, in each case whether registered or unregistered (“Rights”).
These Rights either belong directly to us or are licensed to us from their respective owners or licensors.
You may only view, download and store on any compatible device, print out, use, quote from and cite #open and the Content for your own personal, non-commercial use and on the condition that you give appropriate acknowledgment to us where appropriate. Any acknowledgement should include a link to #open (https://hashtagopen.com). You may not use #open or any Content for any purpose other than those set out above.
Your use of the Content is subject to the Community Rules.
As a member of #open you acknowledge and agree to comply with the rules set out in this section.
You agree that you will:
- ensure that any information you post complies with all applicable laws, including, without limitation, privacy laws, obscene publications, intellectual property laws, anti-spam laws, and regulatory requirements;
- provide accurate information to us and keep it updated;
- not use terms in your descriptions / profile that are offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory or otherwise unlawful; and
- use the services in a professional manner.
You agree that you will not:
- act dishonestly or unprofessionally, including posting inappropriate, inaccurate, or objectionable content;
- add information that is not intended for, or inaccurate for, a designated field;
- use an image that is not your likeness for your profile;
- misrepresent your affiliations with a person or entity, past or present;
- use or attempt to use another member’s account;
- attempt to restrict another user from using or enjoying #open;
- harass, abuse or harm another person;
- send spam or other unwelcome communications to others;
- scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- interfere with, or disrupt, #open or any servers or networks connected to #open, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any part of #open is rendered or displayed in a user's browser or device;
- act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
- share or disclose information that you do not have the right to share or disclose (such as confidential information of others);
- use any Content in any manner that may infringe any of our Rights or the Rights of a third party;
- collect or store other users’ personal data.
Where posting Your Content, you agree that:
- it does not promote discrimination, racism, bestiality, bigotry, hatred or physical harm of any kind against any group or individual, or animal;
- it is your own original content and does not (and our publication and use of it will not) infringe or interfere with the Rights of any third party;
- you will not add or link to any content that is offensive, obscene, pornographic, indecent, malicious, threatening, abusive, depicting harm to humans and animals, defamatory or otherwise unlawful;
- you will not post, link to or otherwise publish content that exploits people in a sexual, violent or otherwise unlawful manner;
- you will not post, link to or otherwise publish any content containing any form of advertising or promotion for goods and services or any form of unsolicited communication;
- you will not impersonate any person or organization or represent yourself as any other guest, host or other third party;
- you will not post, link to or otherwise publish any content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of our sites or any computer software or equipment;
- you will not post, link to or otherwise publish any content about illegal activities such as
- making or buying drugs or illegal weapons;
- you will not post, link to or otherwise publish content which contains videos, stills, photographs, audio photographs, or images of another person without their permission; and
- you will not interfere or violate a third party’s private life, nor interfere with their private communications.
Your liability to us
You shall be responsible for all costs allowable by the Courts that we may be awarded as a result of:
- your unauthorised use of #open and/or the Content.
Linking to #open
You may link to #open, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
If you wish to make any use of the Content other than that set out above, please address your request to firstname.lastname@example.org We reserve the right to withdraw linking permission without notice.
Links from #open
#open and/or the Content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that we are, or #open is, affiliated to or associated with such sites or services.
Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to #open, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
These terms are to be interpreted in accordance with and governed by the laws of the State of Connecticut. USA.
If you have an enquiry or complaint about #open, including any of the Content, you should contact our customer services team at email@example.com and we will try to answer your enquiry or resolve any complaint as soon as possible.
If you have any suggestions for improvements or additions that you would like to see on #open, please email us at firstname.lastname@example.org.
Our postal address for correspondence is Open App, LLC, 18 N Main St, West Hartford CT 06017