Terms of Use
Welcome to Chivy. The Chivy dating service (the “Service”) is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in this document (hereinafter the “Terms”). Your use of the Chivy application (the “Application”) and the Service constitutes your agreement to all such Terms. Your use of the Application may also be subject to additional terms outlined elsewhere on the Application (the “Additional Terms”).
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE APPLICATION. By accessing or using the Application and Service, you agree to these Terms, our Privacy Policy and all applicable laws, rules and regulations. If you do not agree to these Terms you may not use the Application or the Service.
Modification of These Terms of Use
Chivy reserves the right to change the Terms under which the Service is offered, including but not limited any charges associated with the use of the Application. You are responsible for regularly reviewing these Terms.
Eligibility
You must be at least 18 years of age to create an account on the Application and use the Service. By creating an account you represent and warrant that: (i) you do not have any more than one account on the Application; (ii) you have not previously been removed by us from the Service unless we have given you written permission to return; (iii) you will use only the latest version of the Application; (iv) you have not committed a felony, sex crime or any crime involving violence or a threat of violence; (v) you will comply with this Agreement and all applicable laws, rules and regulations; (vi) you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction; and (vii) you can form a binding contract with Chivy.
Your Account
There are several ways to create an account with Chivy, including by using third-party applications such as Apple Login. If you choose to use your Apple account to login, you authorize us to access and use your account information, including any public profile, from those applications.
You may terminate your account at any time and for any reasons by following the instructions in the Application. If you used a third-party application, such as Apple’s App Store or the iTunes Store, you will need to manage your account using that third-party application to avoid double billing.
You are solely responsible for maintaining the confidentiality of your login credentials and you are solely responsible for all activities that occur under your account credentials. If you think someone gained access to your account, please contact us immediately at contact@getchivy.com.
Privacy
Before creating an account or using the Application, please review our Privacy Policy to understand our privacy practices.
License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, Chivy and its business affiliates grant you a limited, non-exclusive, non-transferable license to access and use the Application and the services offered by Chivy through the Application. This license does not include any resale or commercial use of any content or service on the Application; derivative use of any content or service; collection or use of listings or descriptions; downloading, copying, or other use of account information for the benefit of any third party; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose content on the Application without our written permission.
All rights not expressly granted to you in these Terms are reserved and retained by Chivy and its service providers. No listings may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent.
Electronic Communications
You consent to receiving communications from us via email, text messages and other electronic methods both to your desktop and mobile devices. You agree that all communications and terms and conditions that we provide to you via electronic means satisfy any legal requirement that such communication or terms and conditions be in writing.
Copyrights and Trademarks
The entire content included in the Application, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangement thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Chivy. The collective work includes works that are licensed to Chivy. Chivy is a trademark. In addition, all graphics, logos, page headers, icons, scripts and service names used on the Application or made available through the Application are trademarks or trade dress of Chivy here in the United States and also in other countries. Chivy’s trademarks and trade dress may not be used in connection with any product or services that is not authorized by Chivy in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Chivy. All trademarks not owned by Chivy that appear in the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chivy.
Notices and procedures for making claims of copyright infringement
Pursuant to 17 U.S.C. § 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Chivy respects the intellectual property of others, and we ask our users and visitors to do the same. Chivy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Chivy will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Chivy the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Application;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Chivy to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CHIVY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Refunds
If for any reason you are not satisfied with the service, you may cancel your account. If you signed up for our paid service, your annual subscription will be refunded on a pro rata basis.
In Application Purchases
The Chivy Application may offer in-application purchases for additional features, content or services to enhance your experience. These purchases are optional and may require payment using payment methods accepted on the platform. By making in-application purchases you agree to the terms outlined on the site. Please review the details carefully before proceeding because sales are final and non-refundable unless otherwise specified. If you have any questions about in-applications purchases, please contact our customer support team for assistance.
Term and Termination
These terms and conditions are applicable to you upon your accessing the Application and/or completing the verification and onboarding processes. These terms and conditions, or any of them, may be modified or terminated by Chivy without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Interactions with Other Users/Safety
Chivy does not and cannot review all communications and materials posted to or created by users accessing the Application and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view user generated content on the Application, Chivy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Application. However, Chivy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Chivy at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Chivy in accordance with Chivy’s Privacy Policy.
You agree to treat other users in a courteous and respectful manner on and off the Application. Although Chivy strives to encourage a courteous and respectful user experience, Chivy is not responsible for the conduct of other users on or off the Application. You agree to use caution in all interactions with other members, especially if you decide to communicate off the Application or meet in person. You also agree to review and follow our Safety Tips prior to using the Application. You further agree that you will not provide your financial information or wire or otherwise send money to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE CHIVY APPLICATION. CHIVY DOES NOT CONDUCT SEX OFFENDER OR CRIMINAL BACKGROUND CHECKS ON ITS USERS AND MAKES NOT REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS. CHIVY, NEVERTHELESS, RESERVES THE RIGHT TO CONDUCT CRMINAL BACKGROUND CHECKS AND OTHER SCREENINGS AT ANY TIME USING PUBLIC RECORDS. YOU HEREBY AGREE THAT ANY INFORMATION YOU PROVIDE ON THE APPLICATION MAY BE USED FOR THAT PURPOSE.
User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to the Application (“Communications”) will be considered non-confidential and non-proprietary. Chivy will have no obligations with respect to the Communications. Chivy and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Third-Party Links
In an attempt to provide convenience increased value to our users, the Application may contain links to other applications and websites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Chivy, Chivy has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Chivy. Chivy has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Chivy sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Chivy seeks to protect the integrity of its Application and the links placed upon it and therefore requests any feedback on not only its own Application, but for linked External Sites as well (including if a specific link does not work). You should contact the administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Disclaimer
Chivy makes no warranties or representations about the accuracy or completeness of the Application content or the content of any site or External Sites.
Chivy does not filter advertisements or user content that may be viewed through the Application or any External Sites, and users could receive content and materials from other users and/or advertising that is inappropriate or otherwise unwanted even if they are using an electronic filtering software. The Application is exclusively for adults 18 years of age and older and is not appropriate for children.
THIS APPLICATION AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHIVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CHIVY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APPLICATION OR THE SERVER THAT MAKES THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHIVYDOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS APPLICATION IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of liability
IN NO EVENT SHALL CHIVY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF CHIVY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS APPLICATION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Chivy, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct), by you or any other person accessing the Application using your account or account credentials.
Applicable laws
Your use of the Application is governed in all respects by the laws of the state of Delaware, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Application shall be in the state or federal courts located in Delaware. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the claim or cause of action arises. Chivy’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Chivy may assign its rights and duties under this Agreement to any party at any time without notice to you.
Chivy makes no representation that the Application is appropriate or available for use in locations where the content is illegal is prohibited. Those who choose to access the Application from locations outside Delaware do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws, rules and regulations. Any claim relating to the Application shall be governed by the internal substantive laws of the State of Delaware.
Arbitration
By using the Application, you agree that Chivy, at its sole discretion, may require you to submit any disputes arising from the use of the Application, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of Delaware as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Revisions to These Terms and the Service
Chivy may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Application.
In an effort to improve the Service, we may add or remove features or enhancements from time to time. If these actions do not materially impact your rights or obligations, we may not provide you with notice. If we suspend the Service entirely, we will give you notice in advance, unless extenuating circumstances prevent us from doing so.