Olive
Olive
Terms of Service
Welcome to Olive!
We've drafted these Terms of Service (which we simply call the "Terms") so that you'll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Olive. So please read them carefully.
By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.
The following Terms of Service outline your obligations when using our mobile application (“App”) or Service (as defined herein), or any of the information, text, graphics, videos, or other files, materials, data or content of any kind whatsoever created or provided by or through the App or the Service or through your ability to sell products on the App and generate User Contributed Content (as defined herein). Please also review our Privacy Policy, which is a part of these Terms of Service and which outlines our practices towards handling any personal information that you may provide to us.
The App and the Service are owned and operated by Olive. (“Olive,” “we,” or “us”) and are accessed by you under the Terms of Service described herein (“Terms of Service” or “Agreement”). Please read these Terms of Service carefully before using the App or the Service. By accessing the App or using any part of the Service, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the App or use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UPFRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND oLIVE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND oLIVE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Who Can Use the Services
No one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity. If you are using the Services on behalf of an entity of the United States Government, you agree to the Amendment to Olive Terms of Service for the United States Government.
You hereby warrant that you are at least 18 years old. In the event that the information you provide in this regard is not truthful, Olive shall not be liable as it cannot verify the age of its users. If you are under 18years old, do not attempt to register or use the App or the Service. If you are under the age of 18, you may use the Service, with or without registering, only with the approval of your parent or guardian. In addition, you should review these terms with your parent or guardian to make sure that you and your parent or guardian understand and agree with these terms.
The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Olive may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
2. Rights We Grant You
Olive grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.
Any software that we provide you may automatically download and install upgrades, updates,or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
3. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.
For all Services, you grant Olive a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Local is inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display content submitted to Local or any other crowd-sourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary,you also grant Olive and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, Local content that you upload or send. This means, among other things, that you will not be entitled to any compensation from Olive or our business partners if your name, likeness or Local.
While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.
The Services may contain advertisements. In consideration for Olive letting you access and use the Services, you agree that Olive, its affiliates, and third-party partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
4. Content
Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Olive does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Olive Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.
4.1. Your Content
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Olive (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Olive RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.
5. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Olive can collect, use, and transfer your information consistent with that policy.
6. Respecting Other People's Rights
Olive respects the rights of others. And so should you. You therefore may not upload, send, or store content that:
You must also respect Olive's rights. These Terms do not grant you any right to:
In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content contributed by Olive users, such as content which violates these Terms of Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
We will not be responsible or liable for the exercise or non-exercise of this right under these Terms of Service.
You understand that by using or accessing the App or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Contributed Content, or any loss or damage of any kind incurred as a result of the use of any Olive content or content posted by users which are posted, emailed, transmitted or otherwise made available on the App or through the Service.
7. Respecting Copyright
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Olive respects the legal rights of others, and asks that its users do the same.
Olive honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Olive becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please notice with us: support@oliveapp.net
If you file a notice with our Copyright Agent, must:
8. Safety
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Olive users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.
9. Your Account
You are responsible for any activity that occurs in your account. So it's important that you keep your account secure.
By using the Services, you agree that, in addition to exercising common sense:
If you think that someone has gained access to your account, please immediately reach out to Olive Support at support@oliveapp.net
Important FAQ for your Account:
1. Why my account is blocked?
All the blocked users had certain pornographic behaviors. Any pornographic, naked, sexual and offensive behaviors or contents are NOT ALLOWED, including pornographic words and contents in the username or in profile pictures. Inappropriate dressing or words are not allowed either.
2. How do I report when I encounter the inappropriate or pornographic behaviors?
You can report him/her during video chat or in your match history.
10. Purchases and Payments
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app coins to use them. You'll always be shown the price for Services before you complete a purchase. But Olive does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT oLIVE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
Olive does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.
Olive offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by Olive. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account(e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. 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 can do so within your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Olive application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on Olive or deleting the Olive application from your device does not cancel your subscription; Olive will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, notOlive. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
Olive may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.
12. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Olive is not responsible or liable for those third party's terms or actions taken under the third party's terms.
13. Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop theServices altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
Olive may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity or inappropriate behavior, and we may reclaim your username at any time for any reason.
Both you and Olive continue to be bound by Sections 3, 6, 10, 13-20 of the Terms.
14. Indemnity
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Olive, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to:
15. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE oLIVE ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE,OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY oLIVE CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
oLIVE TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH oLIVE WILL BE RESPONSIBLE FOR.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, oLIVE AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF oLIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL oLIVE'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID oLIVE, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Arbitration, Class Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH oLIVE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18. Choice of Law
Except to the extent they are preempted by the laws of the United States, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
19. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
21. Final Terms
Contact Us
Olive welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting oliveapp.net or use email: info@oliveapp.net