1.1. By installing the Application (as defined below), you agree to be bound by these terms of use ("Terms") Please review them carefully before installation and/or acceptance.
The "Application" shall mean the software Nuue; created by Actual Company, LLC , a Delaware Limited Liability Company; the services related to Nuue; its partners’ services; any upgrades to it’s software; and any other software or documentation which enables the use of the Application.
Any personal information you supply when using the Application will be used by the Application in accordance with its Privacy Policy.
4.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by Actual Company, LLC or by Actual Company, LLC’s licensors.
4.2. Actual Company, LLC hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your personal use in accordance with these Terms. You are specifically prohibited from
4.3. This license may be modified or revoked at any time by Actual Company, LLC. Any violation of the license restrictions will result in an automatic termination of the license. All associated materials, data, code, copyrights, trademarks, software, and data will revert to the sole ownership of Actual Company, LLC.
5.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
5.2. The Application is currently made available to you free of charge for your personal, non-commercial use. Actual Company, LLC reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.
5.3. You acknowledge that the terms of use with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
6.1. This Application is available to handheld mobile devices running Apple iOS. Actual Company, LLC will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Actual Company’s reasonable control.
6.2. Actual Company, LLC, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
6.3. Actual Company, LLC will not be responsible for any support or maintenance for the Application.
7.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
7.2. The Software Requirements are as follows: Apple iOS devices running IOS 8 or beyond. Language: English
7.3. The version of the Application software may be upgraded from time to time to add support for new functions and services. Service terms may be updated to reflect amended capabilities of the application.
8.1. Actual Company, LLC may terminate use of the Application at any time by giving notice of termination to you.
8.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.
9.1. User privacy rights are contained in Actual Company LLC’s Privacy Policy, which is incorporated by reference into the Terms. Users are responsible for reading the Privacy Policy for information on how Actual Company LLC’s collects and uses user information
.10.1. You must be at least 21 years old to use the Application. Use is void where prohibited. By using the application, you represent and warrant that you have the right, warranty, and capacity to be bound by the Terms and will abide by all of the terms and conditions of the agreement, as well as the Rules of the Application.
10.2. By installing the Application, you warrant that you have never been required to register as a sex offender in any jurisdiction or with any government entity, and that you do not have charges pending relating to crimes of a sexual nature in any jurisdiction.
11.1. In no event will Actual Company, LLC be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability, or otherwise.
11.2. Actual Company, LLC is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
11.3. Users are solely responsible for their interactions with other individuals through use of the application. Actual Company, LLC does not conduct background checks on Users, does not verify identities, and does not verify statements or claims made by other Users. Users assume all risks of meeting people through the application, and are solely liable for any consequences of doing so. In no event shall Actual Company, LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, punitive, consequential, and/or incidental arising out of use of the application, including non-Users brought to an event through the Application’s functionality (applying to whatever number of approved non-Users agreed upon between Host and Guest). You acknowledge that by meeting people offline and/or in person, you assume any and all risks, foreseen or unforeseen, of interacting with strangers, including, but not limited to, bodily injury, emotional distress, and death. You agree to take all reasonable precautions in interactions with users and non-users of the service. Actual Company, LLC reserves the right to fully cooperate with any legal investigation related to the use of its service.
11.4. Users agree to be bound by the invitation rules of the Application. Individuals may only bring a guest to a party if explicitly agreed to through the Application’s functionality, and may only bring the number of guests agreed upon by the Host’s acceptance of the Guest’s request. Both Host and Guest understand that third-party individuals are not users of the Application and have not in any way been vetted, endorsed, approved, or even known in any way to Actual Company, LLC. Users understand and agree that all risks associated with meeting individuals in person, including but not limited to those mentioned in Section 11.3, also apply to non-Users brought to a party through the the application’s functionality.
11.5. Nothing in these Terms shall exclude or limit Actual Company, LLC’s liabilities which cannot be excluded or limited under applicable law.
12.1. To the maximum extent permitted by law, Actual Company, LLC hereby disclaims all implied warranties with regard to the Application, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that may arise under laws of any jurisdiction. The Application and software are provided "as is" and "as available" without warranty of any kind.
12.2. Actual Company, LLC does not warrant that: its use is permitted in your jurisdiction, its service will be error-free, and any and all content submitted by users.
13.1. You represent that by using this application you are bound by the following rules. Users will not:
14.1. Users are solely responsible for sourcing content. Content may not be defamatory, false, abusive, sexually explicit, threatening, harassing, illegal, or facilitate illegal activity.
14.2. Content may not contain copyrighted, trademarked, or otherwise protected work. By adding content, users represent that they are not infringing on any third party’s rights.
14.3. Application is for personal use only. Content that promotes commercial activity will be removed with no warning and users may face a ban from the application.
14.4. Personally identifying information beyond what is requested by the Application may not be displayed. That is what meeting in person is for.
14.5. All content must conform with applicable laws and regulations of relevant jurisdictions.
15.1 Actual Company, LLC uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree's payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available athttps://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894."
15.2 For issues with Mobile payment using Braintree, e-mail support@nuue.co. We will make all efforts to respond to emails within 3 business days.
15.3 Any donations made through Nuue are nonrefundable. A donation is a transaction that takes place purely between the host, guest, and payment processor. If you'd like a refund for your donation, please contact the campaign owner directly with your request.
15.4 There is no set pricing for donations made on the App. Any suggested donations are purely suggestions, and do not require payment.
Nuue (hereinafter referred to as "application", "Nuue", "we", "us" or "our") operates an mobile application that connects users to nearby user-hosted events -- creating unique and spontaneous opportunities that make lasting connections. ("Platform"). Nuue is wholly owned by Actual Company LLC, a Delaware Limited Liability Company
This Privacy Policy is intended to inform you about how we treat Personal Information that we process about you. If you do not agree to any part of this Privacy Policy, then we cannot provide the Platform to you, and you should stop accessing the Platform and deactivate your Nuue account.
We use and process Information about you for the following general purposes:
To enable you to access and use the Platform; to operate, protect, improve and optimize the Platform, Nuue’s business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing; to help create and maintain a trusted and safer environment on the Platform, such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your listings, verifying any identifications provided by you, and conducting checks against databases such as public government databases; to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting. You will be able to unsubscribe or opt-out from receiving these communications in your settings (in the "Account" section) when you login to your Nuue account; to administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Nuue or our business partners; and to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
We may review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Users to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug product offerings.
We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that Nuue, in its sole discretion, may review, scan, analyze, and store your communications, whether done manually or through automated means.
When you use the Platform, your data may be sent to the United States and possibly other countries we may transfer, store, use and process your information, including any Personal Information, to countries including the United States. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident.
Your Personal Information may be disclosed as follows:
You acknowledge, consent and agree that Nuue may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against Nuue; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users, such as the Terms of Service, (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Nuue, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request, or if doing so would be futile or ineffective.
We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.
If Nuue undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.
You may review, update, correct or delete the Personal Information in your Nuue account by logging in to your account. If you would like to cancel your Nuue account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Platform in association with your first and last name, even after your Nuue account is cancelled.
We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.
The Platform will contain links to other websites not owned or controlled by Nuue. Nuue does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.
Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at http://www.google.com/privacy.html), as may be amended by Google from time to time.
Referral service and requesting for references:
The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform.
We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and Nuue does not collect or retain the contact information that is used to send them.
You may also send invitation/request emails via the Platform itself, in which case we will ask you for the email addresses to send these emails to. You can type in the email addresses manually, or you can request Nuue to import the contacts in your email account address book(s). In both cases, we will use the information sent to us for the sole purpose of sending your friends and contacts a one-time email, inviting him or her to visit the Platform or to write a reference for you. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins Nuue in response to your referral.
If you request us to import your contacts, we will collect, but not store, the username and password for the email account you wish to import your contacts from. We will use this information only for the purpose of importing your contacts.
Groups:
The Platform may allow registered account holders to participate in online discussion forums ("Group(s)") in selected cities. If you join a Group, then your membership in the Group as well as some of your public information (such as your profile picture and public profile page) will be visible to users who browse the Group. If you publish postings in a Group, then your postings will be visible to such users as well. The ability to browse the Group will depend on the Group settings, and it may or may not be limited to members of that Group.
We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.
We may change this Privacy Policy at any time. If we make material changes to the Privacy Policy, we will notify you either by posting the changed Privacy Policy on the Platform or by sending an email to you. We will also update the "Last Updated Date" at the top of this Privacy Policy. If we let you know of changes through an email communication, then the date on which we send the email will be deemed to be the date of your receipt of that email.
It’s important that you review the changed Privacy Policy. If you do not wish to agree to the changed Privacy Policy, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate your Nuue account.
Nuue uses "cookies" in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g., your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.
Nuue may place our cookies on your device via the Platform. Accordingly, our Privacy Policy will apply to our treatment of the information we obtain via our cookies.
We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, third parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Platform, namely "persistent cookies" and "session cookies". Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Platform.
Uses for Nuue cookies:
Nuue uses cookies for a number of purposes, such as the following: to enable, facilitate and streamline the functioning of the Platform across different web pages and browser sessions, to simplify your access to and use of the Platform and make it more seamless, to monitor and analyze the performance, operation and effectiveness of the Platform, so that we can improve and optimize it, to show you content (which may include advertisements) that is more relevant to you.
Uses for third party cookies:
Our partners’ cookies are intended to obtain information to help them provide services to Nuue. For example, third party companies and individuals we engage to provide services to us may track your behavior on our Platform to market and advertise Nuue listings or services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform – it just will not be tailored to your interests.
In addition, Facebook places a cookie via the Platform that allows Facebook to obtain aggregated, non-Personal Information to optimize their services. For example, if a user clicks on an advertisement for the Nuue mobile app on Facebook and subsequently installs the app, this cookie will inform Facebook that a user (who is not personally identified) has installed the app after clicking on the advertisement. This cookie may also inform Facebook that a user is using the app, without identifying the specific actions taken by the user in the app.
Disabling cookies:
Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Platform. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website (http://www.adobe.com/) and make changes at the Global Privacy Settings Panel (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager02.html).
Changes to this Cookie Policy:
We can change this Cookie Policy at any time. If we make material changes to the Cookie Policy, we will let you know either by posting the changed Cookie Policy on the Platform or by sending you an email.
It’s important that you review the changed Cookie Policy. If you do not wish to agree to the changed Cookie Policy, then we cannot continue to provide the Platform to you, and your only option is to stop accessing the Platform and deactivate your Nuue account.
Other tracking technologies:
The Platform may also use other technologies with similar functionality to cookies, such as web beacons and tracking URLs to obtain Log Data about users. We may also use web beacons and tracking URLs in our messages to you to determine whether you have opened a certain message or accessed a certain link.
Your opinion matters to us! If you’d like to provide feedback to us about this Privacy Policy, please email us at info@Nuueapp.com.
