YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF USERS OF OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF THE USERS OF OUR SERVICES. It is therefore important, that before registering for or using our services, you carefully read, understand, and abide by all of the information below, including the safety information in Section 7.
These terms and conditions of service are a legal agreement (“Agreement”) between you as a user of our services (“you”, “your”, “User” or “Users”) and Justlin Ltd., a Private Limited Company organized under the laws of Malta (“Justlin”, “us”, “our”, or “we”), which can be contacted by email to service@linduu.us or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
By accessing or using our Services (as defined below), you agree to, and are bound by, this Agreement. If you do not agree to this Agreement, do not access or use our Services (as defined below). To become a Registered User (as defined in Section 6), you must check a box confirming that you accept the terms of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
As a User, this Agreement applies to your:
access to or use of the linduu.us website on any device or platform (including, but not limited to, mobile phones, personal computers, and gaming devices) (the “Website”);
downloading and use of any linduu.us applications, including but not limited to downloading linduu.us applications from an external platform, including the iOS (App Store) or Android (Google Play) platforms, (the “Application” or “Applications”);
and your registration for and access or use of any services, features, or functionalities that we provide to you through the Website or Applications, including, but not limited to, any services, features, or functionalities you can access by shaking or rapidly moving your mobile phone or other electronic device (the “Features”).
The Website, the Applications, and the Features are, individually, “a Service” or collectively, “the Services.”
You acknowledge that this Agreement is between you and Justlin only, and neither Apple, nor Google, nor any other person or company is a party to this Agreement. You also acknowledge that only Justlin – and neither Apple, nor Google nor any other person or company – is responsible for your access to and use of our Applications and any Application content under the terms of this Agreement.
We reserve the right to make changes to this Agreement at any time effective upon posting the revised Agreement, along with an updated date in Section 20. We may give notice of such changes by any reasonable means including by posting a revised version of this Agreement on the Services. If you are a Registered User (as defined in Section 6), if we decide to make changes to this Agreement, we will notify you by sending an email to you at the email address you used to register your account.
If we have notified you, as described above, regarding changes to this Agreement and you do not agree with those changes, your only option and your only remedy is to stop using our Services.
If we have notified you, as described above, regarding changes to this Agreement and you continue to use our Services or check a box confirming your acceptance of the new version of this Agreement, you have agreed to the changed version of this Agreement.
We do not state or promise that the Services are or will be compatible with or accessible from your web browser, electronic device, or platform that you want to use, or have in the past used, to access and use our Services. We also reserve the right to modify, interrupt or discontinue our Services at any time, in our sole discretion and with no prior notice to you. Accordingly, we will not be liable to you for:
any incompatibility or inaccessibility issues you experience when registering for, accessing, or using (or trying to register for, access or use) our Services; or
any modification, interruption, or discontinuance of the Services you experience.
You give us the right to take steps we think are reasonably necessary or appropriate to enforce and/or verify your compliance with any part of this Agreement. You also agree we have the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, if we believes that doing so is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to our right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).
We also reserve the right to pursue and enforce our legal rights by seeking and obtaining any legal or equitable remedies available to us because of something you have done or have failed to do or because of your violation of this Agreement.
Furthermore, if you downloaded our Application from the iOS App Store, Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and your acceptance of this Agreement gives Apple the right (and deems Apple to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
By downloading any of our Applications, registering for, creating an account for, paying for, accessing, or using our Services, or becoming a User (the “Use of Services”) you state that you satisfy all of the following “Eligibility Requirements”:
By using our Services, you state that you will also comply with the following “Usage Requirements”:
If, now or in the future, you do not satisfy the Eligibility Requirements or fail to comply with the Usage Requirements, you are prohibited from any Use of Services, you must not create any new accounts or profiles for Use of Services, and you must delete any existing accounts or profiles for Use of Services you have.
We are not responsible for determining whether your Use of Services is legal in the place you live. Any Use of Services is void where prohibited by any laws or regulations.
We do not conduct any criminal background checks or other screenings (such as sex offender register searches) of Users of our Services. However, we reserve the right to do so at any time in the future.
We are not a dating service. Instead, we offer Paid Features that you can use to communicate with and get to know other people. You can access Paid Features by earning or buying Coins. For more information about Paid Features and Coins go to Section 9.
We pay moderators to use the Services (“Paid Moderators”). THERE IS NO WAY FOR YOU TO KNOW WHO IS A PAID MODERATOR AND WHO IS NOT. The Paid Moderators use various fictional profiles, usernames, identities, and photos to interact with you and other Users. Paid Moderators may also use a variety of methods, including encouraging you to use Paid Features, to start or continue an interaction or a conversation with you. Because you cannot tell who is a Paid Moderator and who is a User, YOU MAY USE COINS YOU HAVE PAID MONEY FOR TO ACCESS PAID FEATURES TO INTERACT WITH PAID MODERATORS.
The purpose of Paid Moderators is to:
ensure that you can use and enjoy our interactive entertainment features, even when there is a less than optimal number of other Users; and
ensure your compliance and the compliance of other Users with this Agreement.
IF YOU DO NOT WANT TO COMMUNICATE WITH PAID MODERATORS AT ANY TIME, DO NOT USE OUR SERVICES. Because we use Paid Moderators, you should only use our Services if you are ready and willing to communicate with Paid Moderators.
Because Paid Moderators use fictional profiles, any photos you see in a Paid Moderator’s profile or otherwise receive or access do not necessarily coincide with the Paid Moderator’s actual, offline physical appearance.
Although you and other Users are subject to the Eligibility Requirements and Usage Requirements set forth in Section 4, we do not verify the accuracy, truthfulness or validity of any information that you or any other Users provide when using our Services (including, but not limited to, written statements, user profiles or photos). As a result, we are not responsible or liable for the accuracy, truthfulness, or validity of any of the information you may receive when accessing or using the Services (including, but not limited to, written statements, user profiles or photos).
Our interactive entertainment features (the “Paid Feature” or “Paid Features”) include, but are not limited to, “messaging,” “poke,” “presents,” and “friendship requests.” You will have to use one or more virtual coin (the “Coin” or the “Coins”) to access the Paid Features. You can obtain Coins by buying them or earning them. For more details about Coins, go to Section 9, below.
WE DO NOT OFFER SUBSCRIPTION-BASED SERVICES. All Paid Features are offered on a prepaid basis only. For more details about Paid Features, go to Section 9, below.
Some of the content available on our Services may not be suitable for persons under 18 years of age.
IF YOU ARE UNDER 18 YEARS OF AGE:
YOU ARE AN UNAUTHORIZED USER;
YOU ARE VIOLATING THIS AGREEMENT;
YOU MAY BE PUTTING YOURSELF AND OTHERS IN DANGER; AND
WE ARE NOT RESPONSIBLE FOR ANYTHING BAD THAT HAPPENS TO YOU AS A RESULT OF YOUR UNAUTHORIZED USE OF OUR SERVICES.
We reserve the right to ask you for a copy of a valid, unexpired, government issued photo identification document to verify your age. We may also conduct internal reviews of data you and other Users provide and share when using our Services, such as profile photos and communication between Users, to ensure that you are at least 18 years old.
Justlin uses industry standard technology, such as firewalls, to safeguard your data (including personal data) against unauthorized access or disclosure when you access or use the Services. However, because perfect security does not exist on the internet, we cannot and do not promise that we can protect your data (including personal data) against unauthorized access or disclosure when you access or use the Services.
Registration for the Services is free of charge. However, you are only allowed to use one account to access and use our Services.
Once you have completed the registration process, which includes accepting this Agreement, you are a “Registered User”. Only Registered Users may gain full access to the Features and Paid Features that we offer.
When you register and activate your account, you provide us with personal data, including your name, a pseudonym or nickname and an email address. By registering you state that:
When you register and activate your account, we state that we will:
As a Registered User, you are not obligated to use our Services, our Features, or our Paid Features. However, we reserve the right to delete any account – including, but not limited to, account data such as login information and pseudonym or nickname – which has been inactive for more than 180 days and has no Coin balance. If your account is selected for deletion, you will receive at least seven (7) calendar days prior notice by email to the email address associated with your account. If you do not login to your account during the seven (7) day notice period, your account will be deleted. If we delete your account, we will also delete all account related data unless we are required by law to save your account data or have other legitimate and lawful reasons for saving your account data. Upon request, we may reissue to you a pseudonym or nickname you used previously.
Your safety and security are very important to us. However, the nature of our Services promotes the sharing of personal data between Users. Furthermore, WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OF USERS OF OUR SERVICES. WE ALSO DO NOT INQUIRE INTO THE BACKGROUND OF, SCREEN, OR ATTEMPT TO VERIFY THE STATEMENTS OF THE PEOPLE WHO REGISTER FOR, ACCESS, OR USE OUR SERVICES.
As a result, we cannot and do not guarantee that it is safe for you to have direct contact with other Users. To stay safe and protect your privacy when using our Services, keep in mind and follow these key safety guidelines:
IF YOU CHOOSE TO REVEAL INFORMATION (INCLUDING PERSONAL DATA) WITH OTHER USERS, YOU DO SO AT YOUR OWN RISK. IF YOU DO DECIDE TO SHARE INFORMATION (INCLUDING PERSONAL DATA) WITH OTHER USERS, USE EXTREME CAUTION AND REMEMBER THAT YOUR REAL NAME, YOUR ADDRESS, YOUR TELEPHONE NUMBER, AND ANY OTHER PRIVATE, SENSITIVE, OR PERSONAL INFORMATION COULD BE USED TO FIND OUT WHERE YOU OR YOUR LOVED ONES WORK OR LIVE.
To protect your safety and the safety of other Users, we reserve the right, in our sole discretion, to deny you access to the Services for any reason (including, but not limited to, violations of this Agreement) or no reason at all.
By accessing and using our Services, you agree that:
If another User is harassing you or otherwise using information from or about you for unlawful purposes, first inform local law enforcement authorities and then contact us via email to service@linduu.us so that we may take appropriate action – including, as appropriate, blocking the other User from further access or use of our Services.
You agree that at any time, in our sole discretion and without any prior notice we may monitor, review, retain or delete any content (including, but not limited to, information, data, texts, photos, and graphics) (“Content”) you upload, share, or receive through the use of our Services (“Your Content”). You also agree, however, that we are under no obligation to monitor, review, retain or delete Your Content, except as required under relevant laws, regulations, or court orders.
By using our Services, you agree that you will not seek to influence, challenge, or obtain legal redress for our monitoring, review, retention, or deletion of Your Content.
Although you own Your Content, by registering for, accessing, or using our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display or create derivative works of Your Content (the “License”). You can end the License any time by deleting Your Content or your account. Furthermore, the License is subject to any rights you may have under applicable laws and regulations, e.g., data-privacy and data protection laws.
We prohibit you from uploading or sharing any Content that:
You violate this Agreement and we may delete Your Content and your account if you upload or share any of the aforementioned Content (collectively, the “Prohibited Content”) or any other Content that violates any third-party rights or any applicable law, rule, or regulation or is otherwise prohibited under this Agreement.
Subject to your compliance with this Agreement, we hereby grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, non-transferable, non-sub-licensable, revocable license to use one registered account to access and use our Services for personal, noncommercial purposes (the “License”).
If you download our Application from the iOS App Store, your License is also subject to the following limitations: you have a non-transferable license to use our Application on any Apple-branded product that you own or control in compliance with all Usage Rules in the Apple Media Services Terms and Conditions, except that your license to use our Application includes access and use of our Application by other accounts associated with you via Family Sharing or volume purchasing.
You may not: (i) modify, disassemble, decompile or reverse engineer any of our Services (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer our Services to any third party or use our Services to provide time sharing or similar services to any third party; (iii) make any copies of our Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of our Services, features that prevent or restrict use or copying of any content accessible through our Services, or features that enforce limitations on the use of our Services; or (v) delete or obscure any copyright or any other proprietary rights notices our Services may display.
From time to time, we may issue updated versions of our Services, which may include automatic updates of the Applications. You consent to such automatic updates of our Services and agree that:
this Agreement will apply to all such updates; and
Justlin will not be liable to you for any consequences of any such updates.
Furthermore, if you downloaded your app from the iOS App Store, we are solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement or as required under applicable law. We acknowledge and you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Application.
The License granted to you under this Agreement is a license to use the Services as described above. And Justlin reserves all rights not expressly granted under this Agreement. Accordingly, your license to use the Services is not a sale or a licensing of any ownership rights in the Services or any copies thereof. Instead, Justlin or its third-party partners or suppliers retain all rights, title, and interest in the Services and any copy thereof. Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void.
When you use our Application, you must comply with all applicable third-party terms of agreement. For example, you must not be in violation of any applicable wireless data service agreement when using our Application.
You further acknowledge and agree that the availability of the Applications is dependent on the third-party platforms where you can download the Applications, e.g., Google Play or the Apple App Store (each a “Platform” and collectively the “Platforms”). You acknowledge that this Agreement is between you and Justlin, that the Platforms are not a party to this Agreement and that each Platform may have its own terms and conditions to which you must agree before downloading the Applications. You agree to comply with, and your license to use the Applications is conditioned upon your compliance with, all applicable terms and conditions of the Platform(s) where you downloaded our Application(s).
There is no charge to you, and you do not have to use any Coins, if you want to:
But to communicate with other people you must use Coins (for more information about Coins, go to Section 9.b., below) to access our Paid Features. Also, as described above in Section 5, we do use Paid Moderators. AND, BECAUSE THERE IS NO WAY FOR YOU TO KNOW WHO IS A PAID MODERATOR AND WHO IS NOT, YOU MAY USE COINS YOU HAVE PAID FOR TO ACCESS PAID FEATURES TO INTERACT WITH PAID MODERATORS.
As described above in Section 5, we offer Paid Features, which are interactive entertainment tools you can use to communicate with other people. Paid Features include, for example, “messaging,” “nudging,” “presents,” “friendship requests,” and “kisses.”
You can only access Paid Features by spending a specific number of Coins. How many Coins you must spend depends on the Paid Feature you want to access. However, before purchasing access to a Paid Feature, you will receive a prompt telling you how many Coins you must spend. Then, if you complete the purchase, the Coins will be withdrawn from your Coin account.
Each purchase of access to a Paid Feature allows you to use the Paid Feature one time with one other person, who may be another User or a Paid Moderator. As a result, once you have used a Paid Feature – for example, to send one “message” or one “nudge” to another person – you will have to spend Coins again to purchase access to the same or another Paid Feature.
To make our Paid Features easy to access and use, we use a virtual token (the “Coin” or “Coins”), which we license to you. Each Coin represents a contract between you and us for access to and use of certain Paid Features.
When you register, you may receive a certain number of Coins for free, which you will see in your Coin account. After you use up the Coins you receive for free when you register, for example to access a Paid Feature such as “nudging,” you will have to use Coins you purchase or receive or earn through our promotions to access the same or another Paid Feature.
There are currently four ways that you can obtain Coins:
However, Coins are neither real world nor virtual currency and do not represent, correspond to, or refer to any credit balance of real currency or its equivalent. By using our Services, you acknowledge and agree that any Coins you receive or purchase are valid for one use only: gaining access to one or more Paid Feature.
We also reserve the right, at any time and for any reason, to change or end the ways in which you can obtain Coins, to change the prices we charge for Coins, or to stop offering Coins.
Every User has the option to purchase Coins through our Applications. To see which Coin packages and combinations you can purchase go to your Application, select “Settings”, and then click on “Get Coins.” You will then see and be able to choose from a variety of packs of Coins. Depending on which Application you use to purchase Coins, you will also be offered one or more payment option. Upon payment, your Coin account will be credited with the Coins and/or Coin packages you have purchased.
When you buy Coins, the terms of sale will be explained to you when you provide your billing information and confirm the details of your purchase. When you complete a purchase, you:
By purchasing Coins, you agree and promise to provide and maintain current, complete, and accurate information for your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided to us by your credit or debit card issuer.
Whenever you receive Coins, purchase Coins, or use Coins in your Coin account to gain access to Paid Features (the “License Triggers”), you receive a limited license as follows:
(individually, a “Limited License” and collectively, the “Limited Licenses”).
If you decide to purchase Coins, your order will represent an offer to us to purchase a Limited License and we will accept your offer when we place the Limited License in your Account or charge the payment account you have provided, whichever comes first.
The purchase and sale of a Limited License is a completed transaction upon receipt of your payment and is not refundable except as permitted under the terms of this Agreement. Any Limited License issued to you pursuant to the License Triggers described above is effective immediately.
We may, in our sole discretion, give you one or more Limited License by crediting Coins to your Coin account and/or giving you access to Paid Features for free or as part of a promotion.
In all cases, any Limited License you have is subject to this Agreement, including, but not limited to, your compliance with this Agreement.
Each and every Limited License you have terminates when:
You understand and agree that although in this Agreement or as part of our Services to you we may describe the Limited Licenses as having been “purchased,” “bought,” “redeemed,” or “spent”:
Instead, as described above, your purchase of Coins and your use of Coins to access Paid Features are License Triggers.
You agree not share your log-in details for your access to our Services with anyone else. You should also check your Coin balance regularly, which you can do by logging in and selecting your profile, after which your coin balance will appear. If you believe that anyone has access to your account without your permission, inform us by email to service@linduu.us and change your password immediately. We are not liable for any unauthorized access to your account, including, but not limited to, any unauthorized use of your Coins. It is your responsibility to safeguard and monitor your account and your Coin balance.
Notify us immediately by email to service@linduu.us if you know or suspect that someone has accessed or might access your account or billing information without your permission, or your account has or may have otherwise been compromised. Within 24 hours of receiving your notice we will deactivate your billing account with us and will, subject to the following limitations, be liable for unauthorized charges to your payment account which occur after the deactivation:
Our liability for any damages under this Section 9 will be limited to damages which are a direct result of unauthorized access to the registered account you use to access and use our Services;
Our liability for damages shall be subject to the limitations of liability set forth in this Agreement under Section 16; and
Our liability for damages under this Section 9 shall under no circumstances exceed $50.
Currently, we only offer Paid Features through our Applications. And any refund requests are subject to the terms and conditions of the platform – the App Store or Google Play – where you downloaded our Application. As a result, if you want to request a refund of an in-app purchase of unused Coins, you must submit your refund request to the platform – the App Store or Google Play – where you downloaded our Application.
By using our Services, you acknowledge and agree that:
When using our Services and, in particular, in your interactions with other users (including, but not limited to, site messages, instant messages, journal postings, and forum comments), you agree:
Furthermore, to keep our Services fun and safe, you agree not to:
We reserve the right to determine, in our sole discretion:
As part of our efforts to prevent violations of this Agreement, we may enlist the help of our Paid Moderators to review your content and the content of other Users; and, based on such review, we may take actions to enforce this Agreement or relevant laws or regulations. If we determine that your conduct is in violations of this Agreement, any law or regulation or is otherwise harmful to our ability to offer Services, we may give you an opportunity to rectify your conduct or we may restrict or close your account.
If you wish to report any violation of this Agreement you may do so by:
While we will make reasonable efforts to review any reports of violations of this Agreement that you submit to us in a timely manner, we are under no obligation to take any particular action or any action at all in response to your report, except as required under any relevant law or regulation.
If you comply with this Agreement and subject to the limitations of this Section 10.c., when you are making personal use of our Services you are authorized to access, use, and make a reasonable number of copies of information and materials available to you as a User solely for the following purposes:
to learn more about Justlin or its products and Services; or
to communicate with us or use our Services.
Any copies made by you must retain without modification all copyright notices and other proprietary marks. The pages and content on the Services may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products.
In certain instances, Justlin may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized Users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
You are not allowed to decode, reverse engineer, disassemble, decompile, or otherwise translate or convert the chat software in the Services or any part thereof.
You may not block any commercial content.
Your violation of any of the aforementioned restrictions on your use of our Services is a violation of this Agreement and may also be prohibited by law; expose you to civil or criminal penalties; and infringe upon our intellectual property and/or contractual rights or the property and/or contractual rights of third parties.
If you downloaded our Application from the Apple iOS platform, you acknowledge that in the event of any third-party claim that our Application or your possession and use of our Application infringes that third party’s intellectual property rights, Justlin, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
If you believe that our Services infringe on, or are being used to infringe on, your intellectual property rights, please provide us with the following information:
Notice of claims of intellectual property infringement should be provided to Justlin by email to service@linduu.us or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
We will terminate the account of Users who repeatedly infringe on our intellectual property rights or the intellectual property rights of others.
Justlin Ltd. and other identifying marks of Justlin are proprietary to Justlin. You may not use such marks for any purpose without the express prior written consent of Justlin. Except as expressly set forth in this Agreement, we do not grant to you any express, implied, or other license or right under any patent, trademark, or copyright of Justlin Ltd. or any third party.
If we are provided with valid, written notification and evidence of your death or disability along with a request that your account with us be closed and related data deleted, we will honor such request unless we are prohibited from doing so by law or pursuant to valid rights or obligations we have under this Agreement or under other relevant terms and conditions, e.g., the terms and conditions of the external platform where you downloaded our Application.
For the purposes of this Section 11, “disability” means a condition that precludes you from using our Services and must be verified by a physician in writing. Any requests for account closure should be sent to us by email to service@linduu.us or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
In cases of death or disability, your estate or representative may also request a refund of any unused Coins in your Coin account. However, we currently only offer Paid Features through our Applications. As a result, any refund requests are subject to the terms and conditions of the platform – the App Store or Google Play – where you downloaded our Application; and we will ask the estate or representative to submit their refund request to the appropriate platform.
This Agreement will apply until it is terminated by us pursuant to this Section 12 or until you no longer access or use the Services, but some of the terms of this Agreement will survive termination as provided in Section 19.r.
You can terminate your account at any time by using your Application, going to Settings/My Account, and selecting “Delete account”; you will then receive an email to the email address you used to register your account and will need to click on the link embedded in that email to confirm and complete the deletion of your account. Alternatively, you can stop using any of our Services and notify us of your desire to terminate your account by sending an email to service@linduu.us or a letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta with a statement that you want to terminate this Agreement (or words of similar effect).
Subject to applicable law, we can terminate this Agreement with you immediately upon written notice. :
Notwithstanding the foregoing, subject to applicable law, we may terminate this Agreement with you immediately upon written notice if:
If you or we terminate this Agreement, you will no longer have access to data that you may have shared with us or other Users. However, we may keep your data, including your personally data, if keeping your data is or may be necessary to comply with legal obligations or to protect our legal, economic, reputational or security interests.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JUSTLIN, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY CLAIMS, CAUSES OF ACTION, DEBTS, LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) RELATING TO OR ARISING, DIRECTLY OR INDIRECTLY, OUT OF:
YOUR ACCESS TO, USE OF AND/OR INABILITY TO USE OUR SERVICES;
YOUR CONTENT OR ANY USER POSTINGS MADE BY YOU ON THE SERVICES;
YOUR CONDUCT OR INTERACTIONS WITH OTHER USERS OF THE SERVICES;
YOUR VIOLATION OF ANY PART OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY; OR
YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.
WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WHERE PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES, CLAIMS, OR CONTROVERSIES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND JUSTLIN AGREE THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY ALLEGED BREACH THEREOF), OUR SERVICES, OR IN ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND JUSTLIN (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY) SHALL BE RESOLVED THROUGH BINDING ARBITRATION INSTEAD OF A COURT. YOU AND JUSTLIN EACH WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU MAY NOT UNDER ANY CIRCUMSTANCES COMMENCE OR MAINTAIN AGAINST THE COMPANY ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Prior to initiating arbitration, the initiating party will give notice to the other party of its claim, and the parties will have sixty (60) days to negotiate and attempt to resolve the dispute, after which time unresolved claims may proceed to arbitration in accordance with this Section 14.
The arbitration will be conducted in New York, New York, before one neutral arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. To the extent the arbitrator deems reasonable, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Arbitration proceedings will be conducted in English and in a manner that preserves confidentiality. Unless you and Justlin agree otherwise, any decision or award will consist of a written statement stating the disposition of each claim and including a concise written statement of the essential findings and conclusions on which the aware is based. The arbitrator’s decision will follow the plain meaning of the relevant documents and will be final and binding and may be entered thereafter by any court of competent jurisdiction. The arbitrator shall not be empowered to award punitive or exemplary damages to any party, except where permitted under applicable law, and the parties waive any right to recover such damages. Nothing in this Section 14 shall prohibit the discovery or exchange of non-privileged information relevant to the dispute, claim, or controversy.
You and Justlin will share the costs of arbitration equally with respect to JAMS fees; provided that each party will be solely responsible for its own attorneys’ fees and costs. Notwithstanding the foregoing, if you are an individual consumer, as defined by JAMS, then you will have the right to an in-person arbitration hearing in your hometown area, and Justlin will be responsible for 100% of the costs and feeds of the arbitration charged by JAMS after you pay a filing fee similar to the fee for filing a lawsuit in court (but each party will be solely responsible for its own attorneys’ fees and costs).
Notwithstanding the foregoing, any proceeding to enforce this Agreement, including seeking any injunctive relief or provisional remedy in a court of law or any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If this Agreement is for any reason held to be unenforceable, any litigation against Justlin (except for small-claims court actions) may be commenced only in the federal or state courts located in New York. You hereby irrevocably consent to the personal jurisdiction of those courts for such purposes and waive any claims that venue is improper there for any reason.
Unless prohibited by applicable law, any dispute, claim, controversy, or other legal action brought by you that arises out of or relates to this Agreement, the Services, or the Content must be commenced within one year after the cause of action arises.
This Agreement, and any dispute, claim, or controversy between you and Justlin, shall be governed by the laws of the state of New York without regard to principles of conflicts of law.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND/OR USE OF OUR SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, IS AT YOUR SOLE RISK AND THAT OUR SERVICES ARE DELIVERED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOUR ACCESS TO OR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, IS AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CELL PHONE OR OTHER DEVICES, INCLUDING ANY LOSS OF DATA, RESULTING FROM THE USE OF OUR SERVICES OR THE CONTENT.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JUSTLIN HEREBY DISCLAIMS WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS, IMPLIED OR STATUTORY WARRANTIES, AND/OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH LAWS OR REGULATIONS, OR ACCURACY WITH RESPECT TO OUR SERVICES, THE CONTENT, AND ALL RELATED FUNCTIONS, INCLUDING, BUT NOT LIMITED TO, THE USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE.
FURTHER, TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, JUSTLIN HEREBY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY CONTENT. JUSTLIN SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT OR ANY OTHER INFORMATION ON THE SERVICES.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT JUSTLIN, ITS CONTRACTORS, SUPPLIERS, LICENSORS, CONTENT PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (“THE JUSTLIN PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES WHICH MAY ARISE FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY SHAKE FUNCTION ALLOWING YOU TO ACCESS AND/OR USE OUR SERVICES BY SHAKING OR MOVING YOUR PHONE, REGARDLESS OF THE TYPE OF INJURY OR DAMAGE, REGARDLESS OF HOW THE INJURY OR DAMAGE WAS CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND REGARDLESS OF WHETHER JUSTLIN KNEW OF THE POSSIBILITY OF SUCH INJURY OR DAMAGE. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF THE JUSTLIN PARTIES, SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLY EXTENT PERMITTED BY LAW.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL THE JUSTLIN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGES, OR OTHER INJURY EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) (THE “REMEDY”). FURTHERMORE, YOU ACKNOWLEDGE THAT JUSTLIN HAS SET THE PRICING FOR ITS SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE FOREGOING LIMITATIONS OF LIABILITY AND THAT THESE LIMITATIONS OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND JUSTLIN (INCLUDING THE RISK THAT THE REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE) AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JUSTLIN.
If you are a resident of California you may request a refund, without penalty or obligation, at any time prior to midnight of the third business day following the date you purchased Coins to access any of our Paid Features.
If you paid using an Application that you downloaded from an external platform (such as the iOS App Store or Google Play), you must request a refund through the external platform. For more details on requesting a refund through an external platform, see section 9.h. All other users may request a refund by sending an email to service@linduu.us or a signed and dated letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a refund:
a statement that you are requesting a refund (or words of similar effect);
your first and last name;
your California address; and
the email address that you used to register your account and/or make a purchase.
For information regarding our general terms of sale and refund policy, see Section 9, below.
Justlin conducts its business at the following address: Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. You can reach Justlin by telephone at (888) 457-3510. You can have a copy of this Agreement emailed to you by sending an email to service@linduu.us or a letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a copy of this Agreement:
a statement that you, the User, are requesting a copy of this Agreement (or words of similar effect);
your first and last name;
your California address; and
the email address that you used to register your account and/or make a purchase.
For a description of any fees we charge for the use of our Services, see Section 9. If you have any complaint or need more information regarding our Services, you can contact us at the mailing address or email address listed above.
As described in California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of The Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you are a resident of certain states which may require notice of cancellation rights (including Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin) you may request a refund, without penalty or obligation, at any time prior to midnight of the third business day following the date you purchased Coins to access any of our Paid Features.
How you can request a refund depends on how you paid for Services. If you paid using an Application that you downloaded from an external platform such as the iOS App Store or Google Play, you must request a refund through the external platform. For more details on requesting a refund through an external platform, see section 9.h.. All other users may request a refund by sending an email to service@linduu.us or a signed and dated letter to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta. Make sure to include all the following information in your email or letter requesting a refund:
a statement that you are requesting a refund (or words of similar effect);
your first and last name;
your address; and
the email address that you used to register your account and/or make a purchase.
For information regarding our general terms of sale and refund policy, see Section 9, below.
As part of our Services, we may provide links to other websites that we do not operate or control. Use of these links to access other internet sites is at your own risk. Justlin is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. Justlin establishes links to other websites for the convenience of its Users; however, such links are not intended to be an endorsement of the other website.
The products and Services mentioned or promoted in or through our Services, including password protected information relating thereto, may be changed by Justlin at any time without notice.
Information about products or Services offered by third parties are referred to in this Agreement and in or through our Services for informational purposes only. Justlin’s provision of any such information is not an endorsement or recommendation of such products or services.
The Services are for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Services for any purpose. Illegal and/or unauthorized uses of the Services, including collecting Usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Services, or unauthorized framing may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Services is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your email.
Your use of this Services is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Services may be subject to United States export control restrictions. Your use of this Services may be subject to the laws of other countries if you are not located in the United States.
Regardless of where you are located, you agree that you will not export or re-export the Services or any related content or technology except as authorized by United States law and the laws of the jurisdiction where you obtained our Application. In particular, but without limitation, you may not export or re-export our Application or any related content or technology (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using our Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use our Services or related content or technology for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and Service announcements or changes, or emails containing commercial offers, promotions, or special offers from us or third-party partners.
You acknowledge and agree that any violation of this Agreement may cause Justlin irreparable harm, and therefore agree that Justlin will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Justlin may have for breach of this Agreement.
This Agreement and other related agreements and addenda that you agree to by becoming or continuing to be a User and/or using our Services, makes up the entire agreement between you and Justlin regarding the use of our Services and replaces any prior agreements between you and Justlin regarding said Services (including, but not limited to, any prior versions of this Agreement).
The failure of Justlin to exercise or enforce any right under or provision of this Agreement does not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
We reserve all rights not expressly granted to you.
You may only offset or withhold payments with respect to any counterclaims against Justlin to the extent they have been determined in a court of justice and are not appealable.
Some of the product and service names used in this Agreement and in our Application may be our trademarks or the trademarks of third parties. You are not authorized to use any such trademarks. All trademarks are the property of their respective owners.
You promise to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of our Services.
We may notify you about our Services by sending an email message to your email address, a letter to your mailing address, making a posting on the Services, or sending you a push notification.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
The verb used to introduce a statement of fact in this Agreement does not affect the remedies available for inaccuracy of that statement of fact.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The preamble of this Agreement (including definitions), Section 3 (Compliance with and Violations of this Agreement), Sections 5.d. and 5.e. (“Adult content” and “Security”), Section 6 (Registration), Sections 8.a., 8.c. and 8.d. (“License restrictions”, “Rights reserved” and “Compliance with third-party terms and conditions”), Sections 9.b., 9.g. and 9.h. (“Coins”, “Unauthorized access to your account or billing information” and “Refund requests”), Section 10.e. (Our intellectual property rights), Section 12.c. (Your access to and our retention of your data after termination), Section 13 (Indemnification), Section 14 (Arbitration, Class Action Waiver, Claim Limitation, and Governing Law), Section 15 (No Warranty), Section 16 (Limitation of Liability), Sections 17 and 18 (“Special Notice for Residents of California” and “Special Notice for Residents of Certain States (Including Arizona, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin)”), and Section 19 (General Provisions) will survive any expiration or termination of this Agreement.
If you have any complaints or claims regarding our Services, you can contact us by email to service@linduu.us or by mail to Justlin Ltd., 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
The last revision of this Agreement was on May 09, 2023
