Terms of Services
Last Updated December 30, 2013
The LET’S Service is provided by Blue Bay, Inc. Throughout this document, we use the terms "LET’S," "we," "us," and "our" interchangeably to refer to Blue Bay, Inc.
We provide our services (described below) to you through our website located at www.lets-now.com(the "Site") and through our mobile application “Let’s” and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service,(as amended from time to time, the "Terms of Service" or "Terms"). We reserve the right to change, modify, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. You should periodically visit this page to review the current Terms so you are aware of any revisions. By continuing to use the Service, you agree to be bound by these changes. If you do not agree to abide by these or any future Terms of Service, please do not use or access (or continue to use or access) the Service.
The Service is designed to help you learn more about people nearby, by displaying profiles and other information about the people around you on your mobile device.
Your Registration Obligations
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify LET’S of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. LET’S will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage
You acknowledge that LET’S may establish general practices and usage limits on the Service. This may include the length of time we store your data, as well as your maximum allotted storage space on our servers. You agree that LET’S is not responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that we may change these general practices and limits at any time without notice.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by or through the Service for any commercial solicitation or illegal or improper purposes.
Notwithstanding the foregoing, Blue Bay grants the operators of recognized international public search engines, such as Google and Yahoo permission to use spiders to copy materials from the public areas (non-logged in areas) of the Site for the sole purpose of creating publicly available searchable indices of the materials. Blue Bay reserves the right to revoke these exceptions either generally or in specific cases.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the service via a mobile device, (ii) the ability to browse the service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services").
To the extent you access the Service or the Site through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Blue Bay respects copyright laws and the intellectual property rights of others.
You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Blue Bay, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Blue Bay, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Blue Bay.
The LET'S name and logos are trademarks and service marks of Blue Bay (collectively the "Blue Bay Trademarks"). Other Blue Bay, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Blue Bay. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Blue Bay Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Blue Bay Trademarks will inure to our exclusive benefit.
You shall not (and shall not allow any third party to) sell, assign, sublicense or otherwise transfer any right in any Software. Any reproduction, modification, creation of derivative works from or redistribution of the Software or the Service is prohibited without the express written consent of Blue Bay.
You further agree not to reproduce, duplicate or copy the Content without the express written consent of Blue Bay, and agree to abide by any and all copyright notices displayed on or through the Service. You shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Software or the Service.
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Conditions Of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service.
By using the Service, you specifically agree to comply with each of the following:
You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to end users any required terms.
You will not post or transmit any material that is: is false, deceptive, misleading, or deceitful.
You will not post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, violent, libelous, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or is otherwise in violation of any applicable law, rule or regulation.
You will not post or transmit any material that deceptively impersonates any person or entity.
You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation. Do not post a URL unless it directly answers a user's question.
You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious and unrequested software, computer code, or file, or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
You will not violate any applicable local, state, national or international law, or any regulations having the force of law;
You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
You shall not submit any material that is intended to promote or commit an illegal act.
You will not solicit personal information from anyone under the age of 18,nor harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
You will not advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
You will not further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
You will not participate in activities which in the sole judgment of Blue Bay, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose LET'S or its users to any harm or liability of any type;
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to your Internet Service Provider if deemed appropriate by Blue Bay.
Blue Bay reserves the right to investigate and take appropriate legal action against anyone who, in Blue Bay's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Disclaimers As To Third Party Submissions
The Service may permit the submission of text, audio, video, or other content submitted by you and other third parties such as our partners ("Third Party Submission(s)") and the hosting, sharing, and/or publishing of such Third Party Submissions. Third Party Submissions include, but are not limited to, blog postings, comment postings, geo-related check-ins, replies, photos, and any other interactive area of the Service.
By posting, submitting or uploading Third Party Submissions to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Blue Bay an irrevocable, perpetual, transferable, non-exclusive, royalty-free, fully paid, worldwide license to use, copy, perform, display, transmit, store, modify and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to or through the Service, you automatically grant Blue Bay all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.
When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to the Service on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access the Service to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Blue Bay .
Blue Bay reserves the right to modify or discontinue, temporarily or permanently, the Service, including its interactive features, blogs, comments (or any part thereof) with or without notice at any time. You agree that Blue Bay shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
You are and shall remain solely responsible for any and all Third Party Submissions you make through the Service. You acknowledge that any information you disclose through the Service becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information. Any such disclosures are at your own risk.
Blue Bay does not prescreen Third Party Submissions submitted and Blue Bay has no duty to monitor any interactive area of the Service. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Service and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Blue Bay may refuse to post or deliver, remove, modify or otherwise use or take any action with respect to any submission on the Site.
You must not describe or assign keywords to your Third Party Submissions, including blogs, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Blue Bay may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Blue Bay liability.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Feedback"), provided by you to Blue Bay are non-confidential and Blue Bay shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge that the interactive features on the Service are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to the Service. Blue Bay cannot guarantee the security of any information you disclose through the Service; you make such disclosures at your own risk.
Limits On Third Party Submissions
You understand that when using the Service, you will be exposed to Third Party Submissions from a variety of sources, and that Blue Bay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blue Bay with respect thereto, and agree to indemnify and hold Blue Bay , its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Blue Bay does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Blue Bay expressly disclaims any and all liability in connection with Third Party Submissions.
Blue Bay does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Blue Bay will remove Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Blue Bay reserves the right to remove Content and Third Party Submissions without prior notice.
In particular, if you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent at the following address:email@example.com
Blue Bay, Inc.
42395 Ryan Rd
Ashburn, VA 20148
The information provided to our Copyright Agent must be in writing and contain the following (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your acknowledgement that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Third Party Services
In addition, Blue Bay is not responsible for the accuracy, availability or reliability of any information such as geo-location, software, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Blue Bay is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Blue Bay enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation. LET'S enables these features for your convenience and we do not explicitly endorse or recommend Facebook or other third party websites.
Third Party Websites
The Service may contain links or other access to other sites and resources on the Internet. Blue Bay has no control over such sites and resources and Blue Bay is not responsible for and does not endorse such sites and resources. If you access a third party site or resource from the Service, you do so at your own risk, and agree that Blue Bay will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Blue Bay is not liable for any loss or claim that you may have against any such third party.
Apple-enabled Software Applications
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Blue Bay 's sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Blue Bay and you acknowledge that Blue Bay, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Blue Bay and Apple, Blue Bay , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Blue Bay by email to following address: firstname.lastname@example.org
THE SERVICE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR BLUE BAY -RELATED SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE.
BLUE BAY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE BAY , ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) THE SERVICE, THE SITE, BLUE BAY -RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR THE SERVICE. IN NO EVENT SHALL BLUE BAY 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BLUE BAY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Governing Law / Disputes
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These are trademarks held by their respective owners. The marks are used here for the sole purpose of referring to the service provided by those services.