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”).
Contents
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.
Your privacy
rights are set forth in our Privacy Policy, which forms a part of this
Agreement. Please review the Privacy Policy to learn about:
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.
11. Indemnification
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:
DMCA
Counter-notification
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
90026
Department –
Copyright Agent
Email: info@somebodyapp.com
Other
Complaints
You may send
non-copyright complaints to:
Advanced Mercy
P.O. Box 26596
Los Angeles, CA
90026
Email:
info@somebodyapp.com
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 info@somebodyapp.com or the following address:
Advanced Mercy
P.O. Box 26596
Los Angeles, CA
90026
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
Privacy Policy
Last Updated: March
6, 2015
This Privacy
Policy explains the information that Advanced Mercy Incorporated (“Advanced
Mercy,” “we,” or “us”) collects from and about users of the Somebody
mobile application and related website and services (“Somebody”), how we use
that information, and with whom we share it. If we make any material changes to
our privacy practices, we will post a revised Privacy Policy on this page. If
you have any questions, please contact us by sending an email to
info@somebodyapp.com or writing to Advanced Mercy Incorporated, P.O. Box 26596,
Los Angeles, CA, 90026.
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 info@somebodyapp.com.
We use your
information in the following ways and as described elsewhere in this privacy policy:
to provide and improve our services, customize services for you, better
understand our users, and diagnose and fix problems, and sell and display
offers and ads that may be relevant to you. We may also send you emails about
updates to the Somebody application and new projects
being released by Miranda July.
Geo-location-information:
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
Somebody may
contain links to third-party services and sites, and may carry advertisements
or offer content or functionality developed and maintained by unaffiliated
companies. Advanced Mercy is not responsible for the privacy practices or
content of such third-party services and sites and unaffiliated companies. Once
you leave Somebody or click an advertisement you will
be bound by, and should review, the applicable privacy policy of the other site
or service.
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
If you’re
outside the United States, your information will be sent to and stored in the
United States, where our servers are located. By using Somebody,
you agree to the information collection, use, and sharing practices described
in this Privacy Policy.