Terms of Service

Last updated on September 21, 2011.

Welcome to Meexo. The content available on the Meexo mobile application (collectively, the “Application”) and at www.meexo.com and all sub-domains and applications thereof (collectively, the “Site”) are owned and operated by Meexo, Inc. (“Meexo”, the “Company”, “we”, or “our”), a Delaware corporation, and are accessed by you and/or your agents, employs, or assigns (“User”, “you” or “your”) under the following terms and conditions. All of our services, including those offered by or through the Application and the Site (the “Services”), are governed by these Terms of Service.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE IN ORDER TO DOWNLOAD THE APPLICATION AND USE OUR SERVICES. BY DOWNLOADING OR INSTALLING THE APPLICATION, YOU AUTHORIZE THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, AND AGREE TO BE BOUND BY THE THESE TERMS OF SERVICE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN (collectively, these “Terms of Service”, or this “Agreement”).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY LOCATED AT http://www.meexo.com/privacy_policy.html (or such other URL or location as Meexo may provide from time to time), as such policy may be reviewed and revised by Meexo in accordance with the terms thereof (the “Privacy Policy”), YOU MUST IMMEDIATELY LEAVE AND UNINSTALL THE APPLICATION AND CEASE USING THE SERVICES.

We may, from time to time, with or without notice, review, update or revise these Terms of Service, including without limitation in consultation with third parties and upon changes in relevant laws or interpretations. If we update or revise these Terms of Service, we may notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms of Service on the Site and Application. Your use of the Application or the Services following any such update or revision constitutes your agreement to follow and be bound by the revised or updated Terms of Service. You can view the most current Terms of Service at any time by selecting Terms of Service in the Application. It is your responsibility to review the Terms of Service periodically.

If you violate these Terms of Service, we may terminate your account on the Application (your “Account”). You acknowledge that the Company is not required to provide you notice before it so terminates your Account.


User Content

You are solely responsible for the content or information that you provide, publish, display or otherwise communicate to Meexo or through the Services or to other Users, including but not limited to materials posted through messages, photos and profiles (your submissions and those of other Users, collectively, are "Content") under your user name and password. You consent and license Meexo to use and disclose the Content that you furnish in providing the Services. Additionally, you grant, and you represent and warrant that you have the right to grant, to Meexo, its affiliates, licensees and successors and other non-affiliated third parties an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing, in any medium. You further represent and warrant that public posting and use of your Content by Meexo will not infringe or violate the rights of any third party.

You understand and agree that Meexo may review and delete any Content, in each case in whole or in part, that in the sole judgment of Meexo violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or third parties.

Meexo will not be liable for any damages resulting out of your conduct or relating to anyone else’s conduct through the use of Meexo, including but not limited to emotional or bodily damages or distress.

Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

All information you include in your User profile must be accurate, current and complete and by using the Services you agree that this information is accurate, current and complete.

Although the Application and Site and other Services are normally available, there will be occasions when the Application or Site or other Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Meexo. Also, although Meexo will normally only delete Content that violates this Agreement, Meexo reserves the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by Meexo in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Meexo encourages you to maintain your own backup of your Content. In other words, Meexo is provided “as-is” and is not a backup service and disclaims any and all warranties, express, implied or statutory, regarding the Application, Site and Services to the full extent permitted by law. Meexo will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content, and Meexo does not make, and has not made, any representation or warranty that the Application, Site or Services are accurate, complete, reliable, current, error-free or virus-free or that their operation will be uninterrupted.  In no event shall the total liability of Meexo or any of its affiliates or any of their respective directors, officers, employees or agents, under any theory, arising out of or relating to this Agreement, exceed $1.00.

Use of the Service

The following restrictions apply to the use of the Application and the Service:

• You shall not create an Account, install the Application or access the Service if you are under the age of 18;
• You may not post nude, partially nude, or sexually suggestive photos (such determinations to be made by Meexo or its agents in their sole discretion);
• You are responsible for any activity that occurs under your screen name;
• You are responsible for keeping your password secure;
• You are solely responsible for your conduct and any Content that you submit, post, and display on the Application or on or through the Services;
• You will not impersonate any person or entity;
• You will not "stalk" or otherwise harass any person;
• You will not express or imply that any statements you make are endorsed by Meexo without our specific prior written consent;
• You shall monitor your Account to restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors. Your are responsible for any use of your credit card or other payment instrument (e.g. Apple In-App Purchase) by minors;
• You shall not have more than one Account, and shall not create an Account using a false or fraudulent identity or false or fraudulent information, or on behalf of someone other than yourself;
• You shall not create an Account or use the Service if you are a convicted sex offender;
• You shall not have an Account or use the Service if you have previously been removed by Meexo;
• You shall use your Account only for non-commercial purposes;
• You shall not use your Account to advertise, or solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spam) to anyone;
• You shall not use your Account to engage in any illegal conduct;
• You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items or virtual currency associated with your Account to anyone without Meexo’s express prior written permission;
• You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Meexo’s express prior written permission;
• You must not modify, adapt or hack Meexo or modify another website or application so as to falsely imply that it is associated with Meexo; and
• You must not crawl, scrape, or otherwise cache any content from Meexo including but not limited to User profiles and photos or other Content.

Violation of any of these restrictions, and any attempts to modify, revise, create derivative works from or otherwise make any derivative uses of the Application or any information or content therein, decompile, reverse engineer or otherwise attempt to derive the source code for the Application (except to the extent applicable laws specifically prohibit restriction of such activities), or any use of the Application other than for its intended purpose, are strictly prohibited and will result in the termination of your Account. While Meexo prohibits such conduct and Content on its Site and Application, you understand and agree that Meexo cannot be responsible for the Content posted on its Site and Application and you nonetheless may be exposed to such materials and that you use the Service at your own risk.


Fees and Purchase Items

In the Service you may purchase, with “real world” money, and are licensed to use (a) “virtual currency”, including but not limited to virtual coins, cash, Xs, Os, or points, all for use in Meexo; (b) “virtual in-app items”; and other goods or services.

Blocking of Unique Device IDs

In order to protect the integrity of the Service, Meexo reserves the right at any time in its sole discretion to block Members with certain Unique Device IDs (UDIDs) from accessing the Application.

Jurisdiction

The formation, construction and interpretation of this Agreement, and your use of the Application, Site and Services, shall be controlled by the laws of the State of Delaware, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California, U.S.A. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts.

Survival; Entire Agreement

If any provision of this Agreement is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This Agreement and the Privacy Policy constitute your entire agreement with Meexo with respect to its subject matter, and supersedes any other previous written terms and any oral or promotional statements regarding such subject matter.

No Waiver; Legal Costs

Any waiver of enforcement of any term or condition of this Agreement or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.

Modifications to Service; Termination

Meexo reserves the right, in its sole discretion and at any time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Meexo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any aspect of the Application, Site or Services at any time, your sole and exclusive remedy is to cease using them. Notwithstanding anything contained in this Agreement to the contrary, Meexo may also, in its sole discretion, terminate or suspend your access to the Application, Site or Services at any time. Upon any termination of this Agreement, Meexo will cease providing the Services, and you will promptly delete all copies of the Application.