Terms and Conditions of Use

1. Acceptance of the Terms Agreement

By creating an account on the Join Gaybar Application (also called “Service”, “Platform” and “App”) you agree to be bound by:

• These Terms.

• Our Privacy Policy, Cookie Policy and Security Guidelines, which will always be available on www.joingaybar.com. It is your responsibility to make sure that you fully understand them.

• Other terms and conditions agreed to by you when purchasing other functionality, products, or services that we offer in our Service.

 

The above three bullet points (including therein referenced documents) collectively constitute the “Agreement.” If you do not agree to this Agreement, please do not use our Service.

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We may amend this Agreement and/or our Service for a number of reasons. The most recent version of the Agreement will always be available on www.joingaybar.com/terms and under “Settings” in the App. You should make a habit of checking if the Agreement has been updated, because it is always the most recent version that applies. If we make changes that restrict your rights or otherwise increase your obligations, we will alert you via push notification or email in reasonable time before taking effect. By continuing your use of the Service, you agree to the new Agreement.

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2. Modifications and Termination

Sometimes we need to adjust the functionality of our Service. If these changes do not affect your rights or obligations, we may carry them through without informing you. We may also choose to temporarily or permanently suspend the Service. If this happens, we will notify you in good time, unless safety or security considerations prevent us from doing so. 

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If you want to terminate your account, just go to “Settings” in the Service and select “Delete account.” You can do this at any time and for any reason. Keep in mind that if you have used third-party payment options such as Google Play, App Store, etc., it might be necessary to manually suspend payment via the relevant third-party service. 

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We reserve the right to terminate or suspend your account without notice:

1. If you violate these Terms.

2. If we, in our sole discretion, assess that you have exercised inappropriate or improper conduct on the App, or with other users of the App (including your “offline” conduct).

3. If we or our affiliates, in our or their sole discretion, assess that you have exercised inappropriate or improper conduct on other apps operated by our affiliates.

4. For any reasons whatsoever that we, in our sole discretion, justify termination. 

 

If your account is terminated, you will not be entitled to a refund for any purchases. This Agreement will be considered annulled after your account has been terminated, with the exception of the following sections (which will still apply to you and us): Section 4, Sections 6-7 and Sections 13-18.

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3. User Eligibility Requirements

To use Join Gaybar, you must register as a user. To be eligible, you must satisfy all the following requirements:

• You are at least 18 years old.

• You are competent to form a binding contract with us.

• You have not been convicted of any felony, sex crime or a crime involving violence.

• You are not prohibited from using our Service under the laws of your country or any other applicable national or international jurisdiction.

 

If you fail to satisfy these requirements, you may not use our Service.

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4. Account

You can register and sign in to Join Gaybar via email and phone number or Facebook.

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• Phone number and email. If you sign up using your phone number and email address, we will not automatically retrieve any information. It is your responsibility to provide the necessary information to create a profile. This includes name/nickname, age, gender identity, sexual orientation, partner preferences and date of birth. You may provide additional information later if you desire. This includes occupation, education, biography, height, photos, hobbies and interests, etc.

• Facebook. If you use Facebook, you give us authorization to obtain certain information from your Facebook account. This includes, but is not limited to, your public Facebook profile. If you want to better understand what kind of information we gather and how we use it, check out our Privacy Policy. You must still provide additional mandatory information when registering with Facebook, including gender identity, sexual orientation and partner preferences.

 

Your login credentials (your username and password) are very important. You are always fully responsible for keeping your login credentials confidential and secure, and all activities that happen under your credentials are your sole responsibility. If you think that your account has been compromised, contact us immediately at support@joingaybar.com.

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5. Supplemental Terms - App Stores

 

Disclaimer regarding Apple Inc.

By downloading the App from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that the App is not endorsed, administered or sponsored by Apple. By using the App on a device provided by Apple, you warrant that you are only going to use it in accordance with the Apple App Store Terms of Service. 

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You acknowledge that Apple has no obligation to furnish any maintenance or support service with respect to the App. You further acknowledge that Apple bears no responsibility for any claims that the use of the App infringes the intellectual property rights of third parties.

You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. 

 

Furthermore, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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Disclaimer regarding Google Inc.

By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the terms and conditions in this Agreement, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under this Agreement or the Google Play Terms.

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6. Security

Since our App is designed to facilitate real-life interactions, we stress the importance of respectful behavior. However, we are not responsible for how users of our Service behave on or off the Platform. You agree to the following:

• You will behave respectfully toward other users, on and off the Service (see the Join Gaybar Community Rules for more details).

• You will read and follow our Security Guidelines before you use our Service.

• You will not give financial information about you or anyone else to other users, nor will you transfer money to other users.

 

Please be aware that you alone are responsible for your interactions with other users of our Service. You understand that we do not check the criminal history or conduct any other type of background check on the users of our Service. We work hard to identify and remove users who do not comply with our Terms, but we cannot guarantee that we will succeed, and we do not make any representations or warranties as to users’ conduct.

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7. Intellectual Property Rights

All intellectual property rights to the Services and any related current and future functionality, products or services are our exclusive property. You agree to only use the Service in accordance with this Agreement. Any granted rights are subject to the specific license defined in section 8. 

 

You are under no circumstance entitled to copy, modify, transmit, create derivative works from, make use of or reproduce any of our intellectual property rights, including but not limited to, copyrighted materials, images, trademarks, trade names, service marks, content or proprietary information accessible through our Service.

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JOIN GAYBAR™ is a registered trademark of Bloksberg Technologies AS.

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8. Your Rights and Obligations

We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use our Service. We give you this license so that you can enjoy our Service and its benefits, as regulated by this Agreement. 

In exchange, you agree not to:

• Use our Service for commercial endeavors.

• Suggest that we endorse any statement or other content that you make.

• Use our Service in such a way that it causes interference, disruption or other negative effects to our Service or the digital infrastructure used to operate our Service.

• Deploy malicious software or code of any kind or in any other way threaten the security of our Service, our digital infrastructure, or users of our Service.

• Use any type of automatic or manual device, method, or process to bypass the navigational structure or the presentation of our Service and its contents.

• Try to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble our Service or any part of it. Nor will you cause or encourage others to do so.

• Use any kind of identifier or code that refers to the Service to direct someone else to another website.

• Conduct vulnerability scans or other types of probing toward our Service or any systems or networks that our Service is dependent upon.

• Create or use applications that interact with our Service or the information or content of other users.

• Access, use or make publicly available our API (application programming interface).

• Encourage or promote activity that violates this Agreement.

 

Any exception to the above is subject to our explicit written consent. If it is our judgement that you are using our Service for illegal or unauthorized activity, we may investigate and take any legal action as a response. We may also terminate your account.

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9. Your Content

When you create an account, you also grant us certain rights to the content listed below (the “Content”):

• Information that you authorize us to collect from third parties (primarily Facebook).

• Information, in any format, that you provide by posting, uploading, displaying or in some other way make available on our Service or communicate to other users.

 

You grant us a worldwide, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute your Content. This license is non-exclusive, with one exception: we shall have an exclusive license to all derivative works created using our Service. 

 

Furthermore, you give us permission to act on your behalf when other users or third parties use your Content illegitimately. Our license to your Content is subject to your rights under mandatory law, and we cannot use it for any other purpose than to operate, develop, provide and improve our Service and research and develop new services. 

 

You agree that any Content you produce (or that you authorize us to produce) on our Service may be visible to other users. You also agree that any such Content may be visible to people who are visiting or participating in our Service (e.g. people with which your Content is shared by other users of our Service). 

 

You guarantee that all the information you provide when you create your account (this includes information collected from your Facebook account) is accurate, truthful, and that you are entitled to post it on our Service such that you can grant us the above mentioned license. 

 

You agree and understand that any Content you post on our Service may be monitored or reviewed by us, and that we may delete any Content that we judge is in violation of this Agreement or may harm us in any way.

 

You agree that anyone we authorize may place advertising on our Service. You also agree that any feedback you provide us regarding our Service may be used and shared by us for any purpose without compensating you.

 

We may access, store, and disclose your Content if required by law, or in meeting any of the following: 

• Enforce this Agreement.

• Comply with a legal process.

• Respond to your need for customer support.

• Respond to any claims that your Content violates the rights of others.

• Protect the rights, property or personal safety of any person or legal entity.

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10. Other Users' Content

Content that other users post is the sole responsibility of each individual user. We do our best to identify and remove Content that violates this Agreement, but we cannot guarantee that we will always succeed. If you come across Content that violates this Agreement, please report the user directly in the App.

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11. Join Gaybar Community Rules

We think you will have awesome experiences with our App! However, a precondition is that our users exercise common decency when interacting through the Platform. You agree that you will not:

• Use our Service to conduct or promote illegal activities.

• Use our Service for activities that this Agreement prohibits.

• Use our Service for the purpose of harming another person or legal entity.

• Pretend to be another person or legal entity or post someone else’s Content without their permission.

• Use our Service to spam, request money or commit fraud toward other users.

• Post Content that:

  • violates or suppresses another person or legal entity’s rights;

  • is sexually explicit or pornographic;

  • is abusive, insulting, hate speech, threatening, discriminatory or promotes racism, bigotry or physical harm toward anyone;

  • encourages or embraces violence, or is of a graphic violent nature.

• Target another person with bullying, stalking, intimidation, assault, harassment, mistreatment or defamation.

• Collect and spread sensitive information about other users, for example passwords and personal identifiable information, without their consent.

• Operate more than one account.

• Use other users’ accounts.

• Share an account with other users.

• Create a new account if your account has been terminated by us, unless you have our explicit written permission.

 

We have zero tolerance for violations of the above points. If you, in our sole opinion, violate them, we reserve the right to block or terminate your Account without warning. You will not get a refund or any other form of compensation if we choose to terminate your account.

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12. Purchases

In general

We may offer products, services and functionality for sale (“in-app purchases”) through third parties like App Store, Google Play or other payment platforms that we have authorized. If you decide to buy something from us, you will be shown the price of the product and potential taxes, and then be redirected to the relevant payment provider where you will be asked to enter your payment information and confirm that you want to execute the transaction. If you confirm, you authorize us or the third party to charge you.

 

Automatic renewals

If you buy a subscription service through an in-app purchase, the subscription will automatically renew at the end of each period for another period at the same price as you paid when you first purchased the item. This means that you must actively cancel the subscription if you do not want it anymore. You will continue to be billed monthly in advance within 24 hours of the date that you initially purchased the service. You will be charged the same price that you agreed to when initially purchasing the service, and you will be billed through the same payment method. For this to be possible, the payment information that you provided upon your initial purchase will be stored and then used for automatic renewals of the subscription.

 

If you have an objection concerning a payment that has already gone through, you must direct this to the payment provider that you used (for instance App Store or Google Play). You can also seek help from your bank to obtain details about the transaction and advise you with respect to your rights.

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If you want to cancel an automatically renewable subscription you may do so by going to the third-party account that you are using (iTunes or Google Play). You are obliged to pay any outstanding payments. If you delete your account with us or delete our Service from your phone, you will still need to cancel your subscription by following the above steps. Deletion of the account or the App does not cancel your subscriptions, and we will keep all funds that are billed until you do so. Of course, if you cancel your subscription, you may use the subscription until the end of the term that you have paid for and your subscription will not be renewed.

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UX-boosters

You may buy a limited, personal, non-transferable, non-sublicensable, revocable license to use what we call “UX-boosters” (user experience boosters). UX-boosters are virtual items that enhance your user experience, for instance Gold Hearts and Boosts. You may at any time see how much you have left of UX-boosters. Keep in mind that this “balance” only represents the extent of your license, it does not represent any form of stored value.

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If you do not use the UX-boosters you have purchased, there are no penalties for this. However, the license you have been given for the use of UX-boosters will terminate when we stop providing our Service or if your account is shut down or terminated.

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We reserve the right to charge fees for a license to use UX-boosters and to distribute UX-boosters with or without charge. We may control, regulate, change, or eliminate UX-boosters whenever we see fit, and we shall have no liability to you or any third party if we decide to do so. Our Service is also the only place where UX-boosters may be redeemed. You receive UX-boosters immediately when you accept your purchase of UX-boosters. Please be aware that all purchases or redemptions of UX-boosters that are made through our Service are final and non-refundable. You agree that we are not obligated to provide a refund for UX-boosters for any reason, including for unused UX-boosters and when your account is closed, irrespective of reason.

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Refunds

As stated above, ALL CHARGES FOR PURCHASES ARE FINAL AND NON-REFUNDABLE. By ordering you confirm you understand and agree that the Service offered are exempt from the rules governing consumers' right to withdraw in accordance with the Norwegian Right to Withdraw Act Section 22(1)(n), hereunder "delivery of digital content that is not delivered on a physical medium if the delivery has started with the consumer's express consent and the consumer acknowledges that the right to cancel is thus lost."

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If you request a refund within fourteen days of the date that you purchased a subscription service, we may make an exception. We may also make an exception if the laws that apply in your jurisdiction say that you are entitled to a refund. Please be aware that this 14-day period starts when the subscription begins.

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If you are using your Apple ID for in-app purchases, your request for a refund must be directed to Apple. It is not handled by us. To do so, just go to App Store and navigate to “Purchase history” under your Apple ID and click “Report problem.” If you are using Google Play for in-app purchases your refund request must be made to our customer support. Contact us with the order number for the Google Play Store (you will find this number in your Google Wallet and you should have received a confirmation email when the purchase was made). If you want to mail us the old-fashioned way, you are welcome to do so. If you choose this option, you need to send a signed and dated letter, stating that you are canceling the particular agreement related to your purchase. Send this notice to Bloksberg Technologies AS, Betzy Kjelsbergs vei 4A, 0486 Oslo, Norway.

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If you cancel and your refund request is accepted, we will refund you as soon as possible, and within 14 days of receiving your cancellation. You will receive the refund via the same payment method that you used for the initial purchase and no fees will be incurred upon you.

It is not possible to cancel the delivery of digital content that is not delivered physically, like UX-boosters and subscription services. If the order has begun processing with your explicit prior consent, you forfeit your right to cancellation. 

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Pricing

We reserve the right to price our services to whatever price we believe is appropriate at any time anywhere in the world to any of our users.

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13. Third-parties

Third parties may provide content in the form of advertisement and promotions in our App. We are not responsible for the functionality of these third parties’ external resources (e.g. that their websites or services are available). Please be aware that if you move from our Service to a third party’s external resources, then that third party’s terms and conditions will apply to your relationship with them, not this Agreement. We do not take any responsibility for the terms and conditions or actions of third parties.

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14. Disclaimers

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ONLY INSOFAR AS IT IS PERMISSIBLE BY APPLICABLE LAW. WE DO NOT GIVE WARRANTIES OF ANY KIND REGARDING OUR SERVICE AND THE CONTENT ON THE SERVICE. FURTHERMORE, WE DO NOT GUARANTEE THAT 1) OUR SERVICE WILL RUN WITHOUT INTERRUPTIONS, SECURITY BREACHES OR ERRORS, 2) ERRORS OR OTHER DEFECTS WILL BE FIXED, OR 3) ANY CONTENT THAT YOU ENCOUNTER THROUGH OUR SERVICE IS ACCURATE.

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WE ARE NOT RESPONSIBLE FOR THE CONTENT THAT YOU, ANOTHER USER OR A THIRD-PARTY ENCOUNTERS THROUGH OUR SERVICE, AND WE STRESS THAT ANY CONTENT YOU OBTAIN THROUGH OUR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

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15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICE, (2) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON, THROUGH, OR FOLLOWING USE OF OUR SERVICE; OR (3) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH ACTIONS. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USD 100 WHILE YOU HAVE AN ACCOUNT.

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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.

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16. Dispute Resolution

This Agreement shall be construed in accordance with and be governed by the laws of Norway. The Parties consent to jurisdiction by Oslo District Court in Norway.

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Consumers may always contact the Norwegian Consumer Council (Forbrukerrådet) for advice. If, as a consumer, you are unsatisfied with our handling of your issue, you are advised to submit your complaint via the European Commission's Online Dispute Resolution ("ODR") platform. 

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Include the following e-mail address when submitting your complaint: support@joingaybar.com. Alternatively, submit the complaint directly to the Norwegian Consumer Council for mediation. If mediation fails, you are advised to submit a complaint to the Consumer Disputes Commission (Forbrukerklageutvalget).

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17. Indemnity by You

To the extent that it is permitted under applicable law, you agree that you will indemnify, defend and hold harmless the Trobetho Group and our affiliates’ directors, employees, agents and officers from and against any and all claims, damages, costs, complaints, demands, losses, liabilities and expenses (including attorney fees) arising out of, or relating to, your use and access to our Service, the Content that you are responsible for on our Service or your breach of this Agreement.

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18. Summary

The Agreement between you and us regarding your use of our Service consists in its totality of these Terms and Conditions of Use, our Privacy Policy, Cookie Policy and Security Guidelines and any other terms that you have consented to when buying something from us. Please note the following:

• This Agreement supersedes any previous Terms and Conditions between you and Trobetho Group.

• The various sections of this Agreement remain fully valid even if some provision of the Agreement is judged invalid.

• If we do not take advantage of some right or provision in this Agreement, this does not constitute a waiver of the particular right or provision.

• Your account on our Service cannot be transferred, and your rights to your account and Content will seize to exist when you die.

• This Agreement only constitutes an agreement between you and us over your use of our Service. No other relationship is created as a result of this Agreement.