TERMS AND CONDITIONS

Last Modified: June 27 th , 201 8

 

1.       Acceptance of the Terms and Conditions

These Terms and Conditions (the "Terms") constitute a legally binding agreement that governs your visits to www.patook.com and to the phone application known as Patook (the �Site�, or �Patook�). The Site is owned and operated by Patook LLC, a Washington limited liability company ("We," "Us," or "Our"). By visiting the Site, you agree to be bound and to the fullest extent abide by these Terms and Conditions, as well as our Privacy Policy available at www.patook.com/privacy.html .If you disagree with any provision of these Terms or the Privacy Policy, you must exit the Site. THESE TERMS AND CONDITIONS CONTAIN MONETARY FINES AND PENALTIES THAT CAN BE IMPOSED ON YOU IN CERTAIN CIRCUMSTANCES - THOSE FINES AND PENALTIES CAN REACH UP TO 1,000$ PER INFARCTION. PLEASE READ CAREFULLY BEFORE ACCEPTING.

 

2.       Neutral Venue

The Site is a neutral venue which is not a party to any interactions or arrangements between its MEMBERS. we do not verify the truth or accuracy of user information and have no control over user submitted content or conduct. Therefore, we disclaim all liability arising out of or related to user submissions, conduct and arrangements. We are not liable for any property damage, bodily injury or death of the Site user or any third party. our online venue is provided to be used at your own risk, with no warrantIES of any kind.

 

3.       Intellectual Property

a.        IP Ownership . Patook LLC owns all intellectual property rights to the Site. Site contents, look and feel, features, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

b.       Limited License . When you submit content covered by intellectual property rights (e.g. profile information, photos, images), you specifically grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to display that content on our Site. This limited license shall expire when you delete your content from our Site, however, be advised that third parties (such as other Site users) may have saved copies of your content. We have no control over such third parties and assume no liability for their actions.

c.        DMCA Takedown Requests . We are strongly committed to protecting the intellectual property rights of others. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: copyright@patook.com . If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user's account.

d.      Indemnification . You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Site, including, without limitation, any use of the Site's content, services or items purchased through the Site.

 

4.       Site Access

By accessing the Site, you represent, warrant and agree that:

a.          You are 18 years of age or older.

b.         By requesting to use, registering to use, and/or using the Site, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Patook does not currently conduct criminal background screenings on its members. However, Patook reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

b.       You are solely responsible for your personal safety and the security of your personal information.

e.        You will treat all Site users and administration respectfully, online and offline.

f.       Your payments to the Site are nonrefundable.

g.        We may terminate any user account with or without notice using our sole discretion.

h.        You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

i.        You are responsible for making all arrangements necessary for you to have access to the Site.

j.       You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and Conditions, and that they comply with them.

k.         We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.

l.         We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.

5.    Behavior on the site and penalties/fines:

a.You will only use Patook to help you find platonic friendships, and not use it to flirt, hit on, or attempt to seduce other members, nor approach users with ulterior motives. Patook algorithms or moderators will make the final decision as to whether a certain behavior reflects ulterior motives, and any users displaying such behavior may be banned or blocked without notification.

b.       You will only use Patook from within one of the supported states or countries. If you activate it in a supported state or country, and then move to an unspported state or country, you certify that you will deactivate and never use Patook while in that unsupported location.

 

c.If you are caught using the app to willingly send inappropriate pictures, you may be fined up to 1,000$. You agree to pay the whole amount within 30 days of receiving a notification from Patook LLC, to a charity or non-profit of Patook LLC's choice. In this paragraph, inappropriate pictures include but are not limited to: pictures showing your or other people�s genitalia, pictures of you in underwear, pictures depicting violence or threats to other users, pornographic pictures, pictures of an illegal nature.

d.You understand that pictures or activities that appear to be of an illegal nature may be automatically or manually submitted to law enforcement authorities or other bodies such as the NCMEC, sometimes solely at the discretion of automated algorithms or human moderators. You understand that Patook makes no guarantee that the picture you are posting, viewing or sending is legal in nature, nor that you are legally allowed to view it. You understand that Patook does not independently verify user ages.

e.You will not take or share screenshots of other users� profiles or pictures with the public. However, you may take a screenshot of users who have talked to you and share it privately or with close friends for safety reasons. We reserve the right to log any attempts at taking screenshots, and to prevent your device from taking screenshots at any time and for any reason.

f.We may ban, block or otherwise restrict your account at any time and for any reason we deem appropriate, without notifying you. We may hide your account and activity from certain users, or from all users. We may hide your messages from certain users or all users. This can be done manually by moderators, automatically by algorithms, or in any way we deem appropriate. We may choose not to deliver certain messages or all the messages you send. Those determinations may be made entirely algorithmically by analyzing some or all of your activity on the site, and we will not disclose any information or reason as to why that determination was made, or how those algorithms work.

g. Any attempt to reverse engineer the site or flirt detection algorithms will result in an immediate ban and, if done on behalf of a company or competitor, may result in legal action. This includes but is not limited to: creating multiple accounts to communicate with one another and figure out which messages are delivered, creating an account shortly after deleting another, contacting users to ask them if your messages are going through, reverse engineering the code or passing special parameters to the app, experimenting with the app to try to find patterns or weaknesses (without our permission).

h.Any attempt to contact users outside of the app without their explicit permission (such as for example, guessing their Facebook name from their first name and city/pictures, or reading their Snapchat alias off their Patook profiles, and adding them as Snapchat friends without having talked to them within Patook) may result in an immediate ban.

i.Only one account per user is allowed. Users caught with more than one account may be permanently banned and have all their accounts disabled. Users who delete their account, only to create another one shortly thereafter may be permanently banned.

 

 

6.    Use Restrictions

You must not:

a.        Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

b.       Use a false name or impersonate any other person. 

c.        Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes "objectionable" material.

d.       Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.

e.        Access the Site to build a competing service.

f.        Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.

g.        Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

h.       Otherwise attempt to interfere with the proper working of the Site or anyone's use and enjoyment of it.

 

7.       Monitoring and Enforcement; Termination

a.        We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

i.         Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

ii.       Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

iii.    Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms and Conditions.

iv.    Block violator's IP address and/or notify his or her Internet Service Provider

v.       Take appropriate legal action.

b.       However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

 

8.       Disclaimer of Warranty

a.        YOUR USE OF THE SITE, ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

b.       We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for personal safety, the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

c. We do not guarantee that any of the information provided by Patook users to Patook is accurate. We do not regularly verify personal information provided by Patook users. This also includes, but is not limited to date of birth, location and age.

 

9.       Limitation of Liability

a.        IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

b.       IN NO EVENT WILL OUR LIABILITY EXCEED THE FEES COLLECTED FROM YOU FOR THE THREE MONTHS PRECEEDING THE TIME WHEN THE CLAIM AROSE. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

 

10.       Linking to the Site

a.        You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but 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.

b.       You must not establish a link from any website that is not owned by you.

c.        You cannot frame our Site on any other site.

d.       You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

11.   Disputes Between Users

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. The Site reserves the right, but has no obligation, to facilitate and resolve disputes between its users.

 

12. Assignment

You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.

 

13. Severability and Non-Waiver

a.        Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

b.       Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.

 

14. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Washington State, without regard to its conflict of law principles that would result in application of any other law. The courts sitting in Seattle, Washington will have exclusive jurisdiction over any claim arising from or related to these Terms and Conditions.

 

15. Changes to the Terms and Conditions

We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms and Conditions constitutes your acceptance of the changes.

 

16. Additional Site and app specific terms and conditions:

Credits: the site allows for the use of credits to unlock additional features or improve existing ones. Credits are non-refundable and cannot be exchanged for money or transferred once acquired. In the event that a user deletes their account, or is deleted by moderators of the Site for any reason, all the credits associated with their account will be deleted.

Coupons: the sites allows the use of coupons to receive additional credits. Coupons can expire at any time and often have a maximum number of uses. In addition, coupons may be revoked, and cannot be exchanged for money. They are also non-transferrable and have no cash value.

Verified Profiles: some user profiles on the site have a verified profile tag next to them. This means that a picture of that user holding a �patook� sign was sent to a moderator and a minimal verification was done. It doesn�t mean that the site or the Company made any additional verification, nor is it a guarantee that the person�s profile is genuine. For example, users may provide verification and then change their picture to something else. Or they may forge verification pictures. Therefore there is absolutely no guarantee that the person is who they claim they are, or that they are of the same age they claim to be (for example, they could be aged below 18).

Risk Assumption and Precautions .  You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through our service. You understand that Patook currently does not conduct criminal background checks on its users. The company also does not verify the statements of its users, including relationship status. The company makes no representations or warranties as to the conduct of users of their compatibility with any current or future users. The company reserves the right to conduct any criminal background checks or other screens at any time and us available public records. The company is not responsible for the conduct of any user. At no event, shall the company be liable, directly or indirectly, for any losses or damages whatsoever, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting in from communications or meetings with other users through the service. You should not provide your financial information or wire or otherwise send money, to other users.

No Advertising or Commercial Solicitation.  You will not advertise or solicit any user to buy or sell any products or services through the Site. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In addition, this includes marketing services, products or businesses, recruiting users for either paid or unpaid jobs (both legitimate and illegitimate jobs), recruiting for pyramid schemes, recruiting for multi-level marketing companies. If you breach the terms of this subsection, or send or post unsolicited bulk email, �spam� or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Patook, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Patook $100 for each such unsolicited communication you send through the Services.

Banned user. If you are banned from Patook, for whatever reason, you will make no attempt to ever register an account again without Patook�s written express permission. You agree to pay Patook the sum of 1,000$ if you create a new account after having been banned, and an extra 1,000$ for each subsequent account you create after being banned.

If you were talking to a user that was banned, Patook will have no responsibility to inform you that the user was banned and what the reason was, even if it was a terms of service violation. In general, Patook does not notify any users when a ban occurs.

Pyramid Schemes and MLM schemes. If you are found to be attempting to recruit users for a pyramid, marketing or other Multi-Layer Marketing (MLM) scheme, you agree to pay Patook the sum of 1,000$ for each user that you contacted , even if that specific user did not reply or you did not begin recruiting them.

In this section, recruiting also includes:

a-        Sending overview or informational videos to users regarding the MLM companies.

b-       Inviting users to informational seminars.

c-        Moving the conversation outside of Patook and then proceeding to recruit the user, or doing points (a) and (b) above outside of Patook with a user you met on Patook for that purpose.

You understand that Patook will not warn you before taking such actions. You understand that Patook may report you to the law enforcement authorities of your country and provide all the communications you had on the site, including your messages and physical location. You agree that Patook may take additional precautions against such behavior, including publishing your information/photo/contact info on a public list of known MLM schemers, or contacting all the users you were in touch with and asking them to report you. In the event that you contest that a specific scheme is an MLM, Patook will make the final determination as to whether that is the case. In general, any kind of money-making scheme will fall under this category. You also agree to report any scheme that falls under this category, and that Patook will in no way be liable if you are a victim of MLM or pyramid schemes.

Advertising: Patook may from time to time choose to show advertisements on the app or website. Patook has no affiliation with the companies whose ads are shown and makes absolutely no representation as to their validity or trustworthiness.

 

17.   Unsolicited Idea Submissions

Patook or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (�submissions�) in any form to Patook or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Patook�s products or marketing strategies might seem similar to ideas submitted to Patook. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.

Terms of Idea Submission

You agree that: (1) your submissions and their contents will automatically become the property of Patook, without any compensation to you; (2) Patook may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Patook to review the submission; and (4) there is no obligation to keep any submissions confidential.

Product Feedback

Patook does, however, welcome your feedback regarding many areas of Patook�s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at  patook.com/SendFeedback . Please provide only specific feedback on Patook�s existing products or marketing strategies; do not include any ideas that Patook�s policy will not permit it to accept or consider.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Patook shall be free to use such information on an unrestricted basis.

18.   Purchases

a. Premium Accounts

Certain user accounts may be upgraded to �premium� status. Premium accounts can be revoked at any time by Patook and for any reason. Premium status makes no guarantees to users that their messages will be read, that their profile will be visited, or that their experience on Patook as a whole will be improved. Refunds may not be requested, even if the user gets banned, blocked or otherwise restricted by Patook.

Premium upgrades are non-refundable, non-transferable and cannot be exchanged for money.

Having a premium account offers you no waivers from any of the terms and conditions in this document.

Having a premium account also offers no guarantees that the site will continuously work as expected.

In the case of an issue with billing, or accidental orders, you may contact the app store owner (typically Google or Apple) within a few hours of purchase to request a refund (varies based on their terms of service). The refund would then be at their discretion. If you subscribed using your Apple ID, refunds are handled by Apple, not Patook. If you wish to request a refund, please visit  https://getsupport.apple.com . For Google, you may do so through Google Play.

Paid premium upgrades have an expiration period specified in the upgrade page. After that time has elapsed, the user�s account will revert to a standard, non-premium account and the premium features will be disabled.

b.        In App Purchases. 

From time to time, Patook may offer products and services for purchase (�in app purchases�) through iTunes, Google Play or other application platforms authorized by Patook (each, a �Software Store�). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (�your IAP Account�), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Patook application from your device. Deleting your account on Patook or deleting the Patook application from your device does not cancel your subscription; Patook will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

c.      YOU ACKNOWLEDGE THAT PATOOK IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

19.   Safety

Though Patook strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Patook�s Safety Tips, located on https://patook.com/Legal/Safety , prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PATOOK DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PATOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PATOOK RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

 

20.   Reporting of violations:

 

You will report all violations of the Terms of Service to Patook, and understand that failing to report may cause your account to be banned.

You will report all violations that appear to involve the exploitation of children or underage minors to the NCMEC Cybertipline first. In general, the NCMEC has contact information for Patook staff and can get fast responses..

You will report imminent threats of harm (or self-harm) to the relevant law enforcement authorities. You will also report any activity that appears to be illegal to the relevant authorities, before notifying Patook. Patook will not generally do this on your behalf and will not typically provide additional information unless asked by the relevant authorities.

 

 

21.   Contact Us

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to our customer service representative at info@patook.com . We typically do not respond to users who have been banned. We make no guarantee that we will ever respond to your message, but will typically attempt to respond to it within a reasonable timeframe.

Credits: