SOMEBODY License Agreement and Terms of Service
Advanced Mercy Incorporated (“Advanced Mercy,” “we,” or “us”) operates the Somebody mobile application and related website and services (“Somebody”). Through Somebody, you will be able to send messages to, and receive messages from, other Somebody users via other Somebody users, who agree to act as the proxy for the sending user in transmitting messages to the receiving user.
By downloading the Somebody mobile application and/or by accessing and/or using the Somebody website and services, including through the Somebody mobile application, you accept and agree to be bound by this License Agreement and Terms of Service (this “Agreement”).
You must be at least 18 years old and able to enter into a valid and legally enforceable agreement to access and use Somebody. Use of Somebody is void where prohibited. By using Somebody, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Somebody, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. You also acknowledge and agree that messages may be transmitted to you through a complete stranger who is also a user of Somebody, and that Advanced Mercy disclaims all liability with respect to the delivery of messages and interactions between Somebody users.
Subject to the terms of this Agreement, Advanced Mercy grants you a limited, non-exclusive, non-transferable license to download and install a copy of Somebody to a mobile device that you own or control, and to access, display and use Somebody solely for your own limited personal, non-commercial use. This license is personal to you and may not be assigned or sublicensed to anyone else. You may not: (i) copy, modify or distribute Somebody for any purpose; (ii) transfer, sublicense, lease, lend, rent, sell or otherwise distribute Somebody to any third party; (iii) decompile, reverse-engineer, disassemble, attempt to derive the source code of, or create derivative works of Somebody; (iv) make the functionality of Somebody available to multiple users through any means; or (v) use Somebody in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement or take any measures to interfere with or damage Somebody. All rights not expressly granted by Advanced Mercy are reserved.
To use Somebody, you may register an account by using your Facebook login or you may register and sign in using your personal email account. By creating an account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about yourself in creating your account.
If you sign in using your Facebook account, you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Somebody users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Somebody users in your network or geolocation.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through Somebody that violates this Agreement.
You are responsible for maintaining the confidentiality of your password and account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account.
This Agreement begins on the date you first use Somebody and continues until terminated in accordance with the provisions hereof.
Advanced Mercy may suspend, disable, or delete your account (or any part thereof) if Advanced Mercy determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Advanced Mercy’s reputation or goodwill. If Advanced Mercy deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Advanced Mercy will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Advanced Mercy shall not be responsible for the loss of such content.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Somebody, and no warranties shall apply after such period.
7. Code of Conduct; Prohibited Activities
In using Somebody, you must behave in a civil and respectful manner at all times. Further, you will not:
In addition, if you agree to deliver a message via Somebody, you are obligated to deliver such message verbatim to its intended recipient in person. If you are unable to deliver such message for any reason, including without limitation your inability to find the intended recipient, you must communicate your inability to deliver the message using Somebody’s prompts. Advanced Mercy reserves the right to terminate the accounts of users who fail to notify Somebody when they are unable or unwilling to deliver a message that they have committed to delivering.
Advanced Mercy has the right, but not the obligation, to monitor all conduct on and content submitted to Somebody. The content available through Somebody has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with Somebody or any content on Somebody, relating to the quality, suitability, truth, accuracy or completeness of any content contained in Somebody. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any content.
Somebody may include links to other sites and services that are not operated by Advanced Mercy. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
8. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on Somebody, or any message or material you transmit to other Somebody users. You will not post on Somebody, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal message or other material, or any message or material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Advanced Mercy or to any other user. If information provided to Advanced Mercy or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of messages and content you may not upload, post, or transmit (collectively, “submit”) to, on or through Somebody:
Your use of Somebody, including but not limited to the content you post on and otherwise submit to Somebody, must be in accordance with any and all applicable laws and regulations.
9. Licenses Granted by You
You grant Advanced Mercy and its affiliates, licensees, successors and assigns a worldwide, perpetual, irrevocable, non-exclusive, royalty-free and transferable license and right to copy, transmit, distribute, publicly perform, adapt, archive, delete, disclose, enhance, exploit, import, modify, post, publish, reproduce, reformat, store, use and display, and make derivative works from, your content that you post on or otherwise submit to Somebody, including without limitation any message that you have delivered through Somebody, in any form, medium or technology of any kind now known or developed in the future, as well as any rights necessary to prevent such content from being “lifted” or used without attribution by third-party sites or services. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Somebody permission to view your content for their personal, non-commercial purposes. The foregoing licenses shall survive expiration of this Agreement. If you make suggestions to Advanced Mercy on improving or adding new features to Somebody, Advanced Mercy shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each message or piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Advanced Mercy and grant the licenses set forth above; (ii) Advanced Mercy will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Advanced Mercy and its affiliates, successors, licensees and assigns and each of their directors, officers, stockholders, employees, and agents, from and against all third party actions, losses, liabilities, claims, actions, demand, costs or expenses, including without limitation reasonable attorney's fees, that: (i) arise from your activities on Somebody; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content or material you posted on or otherwise submitted to Somebody violates any law or regulation or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights Copyright Policy
Advanced Mercy respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Somebody do not infringe any third party copyright.
Advanced Mercy will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Advanced Mercy may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
If you believe that your material has been removed by mistake or misidentification, please provide Advanced Mercy with a written counter-notification containing the following information:
You may submit this information via:
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
Advanced Mercy’s Copyright Agent
You may send a
DMCA notice, a DMCA counter-notification, or any inquiries concerning
intellectual property to Advanced Mercy’s Copyright Agent:
Advanced Mercy Incorporated
P.O. Box 26596
Los Angeles, CA
You may send
non-copyright complaints to:
P.O. Box 26596
Los Angeles, CA
13. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of Somebody must be commenced in the state or federal courts located in Los Angeles County, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Advanced Mercy and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Advanced Mercy in exercising any right hereunder will waive any further exercise of that right. Advanced Mercy’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Advanced Mercy’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all
communications including notices, agreements, disclosures, or other information
from Advanced Mercy electronically. Advanced Mercy may provide all such communications
by email or by posting them on Somebody.
Support-related inquiries or notices of a legal nature (such as a subpoena) may
be sent to us at email@example.com or the following address:
P.O. Box 26596
Los Angeles, CA
Nothing herein shall limit Advanced Mercy’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by Advanced Mercy on Somebody or a written amendment signed by an authorized representative of Advanced Mercy. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Advanced Mercy and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
ADDITIONAL APPLE DEVICE TERMS
This section of the Agreement applies solely to users that use the Somebody mobile application on an Apple Inc. device (e.g., iPhone, iPad, iPod touch) (such device, an “Apple Device”). You and we acknowledge that this Agreement is between you and Advanced Mercy only; that Apple Inc. is not a party to this Agreement; that Advanced Mercy, not Apple Inc., is solely responsible for the Somebody application and the content thereof; and that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to Somebody. You may use Somebody on your Apple Device only as permitted by this Agreement and in accordance with the Usage Rules set forth in the App Store Terms and Conditions that are currently in effect.
As between Advanced Mercy and Apple Inc., to the extent that we have not effectively disclaimed any warranties relating to the Somebody application on your Apple Device, we will be solely responsible for any product warranties, whether express or implied by law. If the Somebody application on your Apple Device fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the Somebody application on your Apple Device, and to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to Somebody, and, as between Apple Inc. and Advanced Mercy, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. As between Advanced Mercy and Apple Inc., we are responsible for addressing your or a third party’s claims relating to Somebody or your possession and use of Somebody, and in the event of any third party claim that Somebody or your possession and use of Somebody infringes a third party’s intellectual property rights, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
You hereby represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple Inc. and its subsidiaries are third party beneficiaries to this Agreement and upon your acceptance of this Agreement, Apple Inc. and its subsidiaries may enforce this Agreement against you as a third party beneficiary of this Agreement.
Last Updated: March 6, 2015
Last Updated: March 6, 2015
1. Information we collect
We may collect and store certain information you provide to us when accessing or using Somebody, such as when you create an account and profile, send or receive messages or post or otherwise submit information or other content to Somebody. This may include certain personal information, like your name, picture, email address and phone number, and the content of your message, as well as certain non-identifying information, like your gender, birthday and zip code. We may also collect the contact information of your friends from your mobile device address book, if you choose to connect your contacts and address book information with your Somebody account, and your login credentials to your social network accounts, such as Facebook, as well as your name and profile picture and the name and profile picture of your connections in those accounts that are shared with other Somebody users in your network or geolocation, if you choose to connect those accounts with your Somebody account.
We also automatically collect certain information when you access or use Somebody, such as your location/GPS coordinates (if you enable location services on your mobile device), a device identifier (but not the UDID), MAC address, wireless service provider, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring site and your activity on Somebody.
Whenever you voluntarily disclose personal information on publicly-viewable screens or pages, including without limitation your Somebody profile, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.
You will also be required to disclose your information in order to receive messages passed to you by another Somebody user. You may also (but are not required to) provide information about yourself (such as your gender, URL, or a biography). Any additional image or information you provide may be publicly displayed. If you wish, we will delete your account information; to do so, please close your account by sending an email to firstname.lastname@example.org.
While the Somebody application is in use, we keep track of your device’s geographic location so that messages from a Somebody user can be delivered to you by another Somebody user.
3. How we disclose and share your information
We may share user information with third parties for various reasons as described below. What information we make available to such third parties depends on the nature of our relationships with them.
Somebody Users: As described above, any information that you include in your profile or otherwise disclose on public pages is considered public information and accessible by other Somebody users. In addition, when you access Somebody from your mobile device, generalized information about your location is continually made viewable to Somebody users who are in your general proximity. If you do not want any information about your location to be made public to other Somebody users, then you should disable location services on your mobile device for Somebody or cease use of Somebody entirely. If you accept a request to have a message delivered to you through Somebody, we may share certain of your personal information, as described in this Agreement, and your exact location/GPS coordinates with the user delivering the message. Your specific location/GPS coordinates will not be shared unless you accept a request to have a message delivered to you through Somebody.
Service Providers: We may share all of the types of information we collect with vendors who provide technical hosting and support services to us.
Analytics Companies: We allow analytics companies to use tracking technologies to collect information about our users' computers or mobile devices and their online activities. These companies analyze this information to help us understand how our sites and apps are being used. Analytics companies may use mobile device IDs. Unlike cookies, device IDs cannot be deleted.
What we don't share: We do not provide third parties (other than Somebody users, including those who are charged with delivering a message to you, service providers, and certain other parties in connection with legal matters and corporate restructurings as described herein) with your name, address, email address, or phone number.
Aggregated and Non-Personal Information: We may publicly disclose and share with any third party aggregated and/or non-personal information about our users, such as the total number of our users and their overall demographics, for any purpose.
Legal matters: We may disclose any information from or about you: in response to a legal request, such as a subpoena, court order, or government demand; to investigate or report illegal activity; or to enforce our rights or defend claims. We may also transfer your information to another company in connection with a corporate restructuring, such as a sale or merger.
4. Linked Services
The security of your information is very important to us. Advanced Mercy implements a variety of security measures to maintain the safety of your Information. However, due to the inherent open nature of the Internet, no data transmission over the Internet or any wireless network can be guaranteed to be secure. As a result, while we take measures to protect your information, we cannot ensure or guarantee the security of any information you send to us or that we store on our servers. Your use of Somebody demonstrates your assumption of this risk.
We do not allow persons under 18 to register for or use Somebody, and we do not knowingly collect any personally identifiable information from persons under the age of 18. If we become aware that personally identifiable information from a child younger than 18 years of age has been collected without the consent of such child’s parent or guardian, we will delete such information from our database without requesting permission to do so.
7. Information from users outside the United States