TERMS OF SERVICE

Last revised on February 21, 2017

Welcome to Cafe Cheeky.

By using the Cafe Cheeky application, whether through a mobile device, mobile application or computer you agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

1. Acceptance of Terms, Registration and Arbitration

1.1 This User Terms of Service (the “TOS”) is an agreement between you and Suchandan Pal (herein “Cafe Cheeky” or “we”) that you must accept in order to use the content, website, and other services owned or operated by Cafe Cheeky (the “Platform”). The TOS is applicable to you as a User of the Platform (“you” or “User”). This document describes both your rights and your obligations as part of using the Platform and it is important that you read it carefully. By using the Platform, you agree to be bound by the terms and conditions described below.

1.2 IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW IN SECTION 17 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CAFE CHEEKY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

1.3 By using Cafe Cheeky, you affirm that you are at least 18 years of age. If you are under the age of 18 you are not permitted to access or use the Platform. You further warrant that (i) you are not barred from using the Platform by the laws of the United States or any other applicable jurisdiction, (ii) you have never been convicted of a felony, (iii) you are not required to register as a sex offender with any state, federal or local sex offender registry, and (iv) you are not currently facing any sexually related or felony charges.

1.4 As our business evolves, Cafe Cheeky may change this TOS at any time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If we make a material change to the TOS, for those users who do have an email address on file with Cafe Cheeky at the time of our notice, we will send an email to the email address on file.  You can review the most current version of the TOS at any time by visiting this page. The revised TOS will become effective on the date set forth in our notice, and if you use the Platform after that date, your use will constitute acceptance of the revised TOS. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Platform.

1.5 When you use the Cafe Cheeky application, you will be asked to link with a Facebook or Google mail account. You are responsible for maintaining the confidentiality of your Facebook and/or Google mail password and for any and all use of your account.

1.6 The Platform requires you to directly link your Facebook or Google account in order to create a Cafe Cheeky account. As part of such[a] integration, you may have to authenticate, register for, or sign into your Facebook or Google account directly through the website of a third party.  By integrating your Facebook or Google account, you agree that Cafe Cheeky will have access to certain information that you may have provided to Facebook or Google and our use of such information will be governed by our privacy policy and this TOS. Cafe Cheeky, however, does not make any representations as to how a third party such as Facebook or Google may handle your information, and you should review their terms carefully, and you agree that you will adhere to such third party terms as applicable. Cafe Cheeky is not responsible for the actions or policies of such third parties. Cafe Cheeky does not recommend or endorse any particular online, or Social Media Account and disclaims any liability with respect to your Content or other Users’ Content from your email or Social Media Accounts that may be distributed through or stored on our Platform.

Summary of Terms of Service

This version summarizes each section of the TOS in a nutshell.  Please remember that you are agreeing to the full TOS and you must read the entire TOS.  

If you decide to use the Cafe Cheeky Platform, you agree to be bound to these terms of service, so please read this document carefully, including the agreement to arbitrate located in Section 17 below.

You have to be 18 years or older to use Cafe Cheeky and you represent that you are not a felon or sex offender.

These terms may change, and we will post the new terms on the website and let you know via email of any material changes. If you keep using the Platform after the terms change, then that means you have accepted the revised Terms of Service.

You are responsible for all uses of your account, and you must keep your account secure and password confidential.

In order to sign up and access the Platform, you are required to have a Facebook account, which will link to the Platform.  

2. Description of the Platform. 

2.1 The “Platform” includes but is not limited to the Cafe Cheeky website accessed at www.cafecheeky.com, http://www.cheekyapp.com, https://www.cheekyapp.com, https://cafecheeky.typeform.com/to/ZK8RFs, https://bun56.app.goo.gl, https://cafecheeky.com/  (the “Website”) and all software, applications, data, text, images, and other content, functionality and services made available through the Website, including Third Party Content. Any new features added to or augmenting the Platform are also subject to this TOS. Cafe Cheeky reserves the right to modify or discontinue the Platform or any of its features or functionality at any time without notice to you.

2.2 The Platform is a dating platform which enables Users to suggest potential dating or “just friends” matches to their friends who also use the Platform. Users can also suggest matches for users that they do not know.

“Platform” means the Cafe Cheeky website and app and all features available through it. Cafe Cheeky may change this Platform at any time and may even discontinue it or parts of it at any time.

3. Use of the Platform, Safety; DISCLAIMER.

3.1 Cafe Cheeky grants you a limited, personal, non-exclusive, non-sublicensable license to access and use the Platform only for lawful, authorized purposes in accordance with this TOS and you shall not misuse the Platform in any manner (as determined by Cafe Cheeky in its sole discretion). You shall comply with any codes of conduct, policies, or other notices Cafe Cheeky provides you or publishes in connection with the Platform from time to time. Any rights not expressly granted herein are reserved by Cafe Cheeky.

3.2 You may not download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit the Platform in whole or in part without express prior written authorization from Cafe Cheeky.

3.3 As part of using the Platform, you may access content from a third party, including other Users of the Platform (“Third Party Content”). You understand that Third Party Content is not under the control of Cafe Cheeky and agree that Cafe Cheeky is not responsible for Third Party Content. Cafe Cheeky provides access to Third Party Content as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. You use the Platform and all Third Party Content at your own risk and assume full responsibility for any such use.

3.4 You understand that Cafe Cheeky cannot confirm that each User is who they claim to be, and cannot and does not assume any responsibility for the accuracy or reliability of the identity of or any information about the Users that may be provided through the Platform. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CAFE CHEEKY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS NOR DOES IT VERIFY THE STATEMENTS OF ITS USERS. CAFE CHEEKY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY USERS. CAFE CHEEKY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (E.G., SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

3.5 When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users. As noted in and without limiting Section 14 below, NEITHER CAFE CHEEKY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE CAFE CHEEKY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. CAFE CHEEKY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.

You can use the Cafe Cheeky Platform only for lawful purposes and in strict accordance with this TOS, and this right ends upon termination of this TOS. Even though Cafe Cheeky may link to Third Party Content, Cafe Cheeky is not responsible for that content.

Cafe Cheeky is not responsible for the conduct of any User. You are solely responsible for your interactions with other Users. Cafe Cheeky reserves the right to conduct criminal background checks or other screenings.

4. Content: License and Responsibilities.

4.1 Your “Content” means any data, information and content stored, collected or transmitted via the Platform by you, including without limitation messages you send, profile information, pictures, videos, text, and anything else you enter or upload onto Cafe Cheeky, whether publicly posted or privately transmitted.

4.2 You grant to Cafe Cheeky a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute your Content for any purpose in connection with the Platform.

4.3 You are responsible for your Content and all communications with other Users while using the Platform. We may choose to review your Content for compliance with this TOS and our policies and guidelines, but you acknowledge that Cafe Cheeky has no obligation to monitor any Content or information on the Platform. We are not responsible for the accuracy, appropriateness, or legality of your Content or any other information that you or other Users may be able to access using the Platform. You agree that Cafe Cheeky may remove or disable any Content from the Platform at any time for any reason or for no reason at all.

You grant Cafe Cheeky the right to use and share any Content you upload on the website for purposes in connection with the Platform.

Cafe Cheeky is not responsible for any Content. You are responsible for your Content, including making sure that you have the right to upload your Content to the Cafe Cheeky website. You understand that Cafe Cheeky may remove or disable any Content at any time.

5. Prohibited Content and Prohibited Conduct.

You agree that you will not post, transmit, exchange, upload, display, make available, provide, or process any Prohibited Content or Conduct. “Prohibited Content and Conduct” includes, but is not limited to Content or Conduct that:

5.1 infringes third party rights, including any intellectual property rights (e.g., copyright, trademark, patent, and trade secret rights), misappropriates publicity/privacy rights, contract rights or otherwise;

5.2 is knowingly false or intended to mislead, confuse, impersonate or deceive others;

5.3 is intended to defraud Users of the Platform, including requesting money from Users of the Platform;

5.4 solicits personal identifying information or account information from other Users or disseminates another person’s personal identifying information or account information without their permission;

5.5 promotes illegal, violent, or harmful activities or substances;

5.6 promotes racism, bigotry, and/or hate crimes;

5.7 is harassing, intimidating (including stalking), threatening or insulting to others;

5.8 is defamatory, obscene, pornographic, vulgar or offensive;

5.9 involves the transmission of “spam”, or unsolicited mass mailings;

5.10 introduces any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or otherwise attacks or interferes with the Platform;

5.11 attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform or use any robot, spider or other automatic device, process or means to access the Platform for any purpose;

5.12 restricts or inhibits any other User from using and enjoying the Platform;

5.13 conducts commercial activities and/or promotions or advertisements via the Platform;

5.14 uses the Platform for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties, including without limitation privacy rules, regulations, and best practices;

5.15 accesses the Platform from jurisdictions where it is illegal; or

5.16 otherwise creates liability for Cafe Cheeky or otherwise violates this TOS.

When using the Cafe Cheeky Platform, please be respectful of the rights of others and of Cafe Cheeky. Do not upload any Content that you do not own or have a right to upload. Do not upload Content that is offensive, false, violent, harmful or illegal.  Do not use the website for any unlawful or harmful purposes or for anything other than Cafe Cheeky’s intended uses. Do not hack, technologically compromise, or otherwise interfere with the Cafe Cheeky Platform and its intended purposes.

6. Intellectual Property and Ownership.

6.1 You acknowledge that all intellectual property rights, including trademark, copyright, patent, and trade secret rights, in our Platform, and the underlying technology are owned by Cafe Cheeky and our licensors and suppliers and are protected by intellectual property laws throughout the world. You agree not to use any of Cafe Cheeky’s intellectual property without first seeking written consent from Cafe Cheeky or the rightful intellectual property owner.

6.2 Except for the licenses granted in this TOS, you retain any intellectual property rights in your original Content.

Except for the licenses we grant each other in this TOS, Cafe Cheeky retains ownership in the Cafe Cheeky Platform, and you retain ownership in your Content.  

7. Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Platform (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Cafe Cheeky appreciates your Feedback on its Platform, and if you do provide Feedback, you agree to let Cafe Cheeky use it for any purpose and without any obligation to you.

8. Customer Service. Cafe Cheeky provides customer service to its Users through its customer care representatives. By using the Cafe Cheeky service, you agree to treat the customer care representatives with respect and kindness. Cafe Cheeky reserves the right to immediately terminate your account if you fail to interact in an appropriate manner with the representatives.

Treating Cafe Cheeky customer care representatives poorly could result in termination of your account.

9. Privacy. Please refer to our Privacy Policy located at https://www.iubenda.com/privacy-policy/7901689, which is incorporated herein as part of these TOS, for information on how we collect, use and disclose information we receive from you.

Please read our Privacy Policy located at https://www.iubenda.com/privacy-policy/7901689, for information on how Cafe Cheeky uses the data we collect from you.

10. Copyright Policy.

10.1 It is our policy to remove, or disable access to, material that infringes any copyright on our Platform after we have been notified by the copyright owner or the copyright owner’s legal agent of the infringement. It is also our policy to terminate a repeat infringer’s access to the Platform. If you believe that your work has been copied and posted on our Platform in a way that constitutes copyright infringement, please provide our copyright agent, listed below, with the following information:

10.1.2 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

10.1.3 an identification of the copyrighted work that you claim has been infringed;

10.1.4 a description of where the material that you claim is infringing is located on our Sites or through our Platform (please provide a URL);

10.1.5 your address, telephone number, and e-mail address;

10.1.6 a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

10.1.7 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

10.1.8 Notice of claims of copyright infringement should be sent to our copyright agent:

 

Cafe Cheeky: Copyright Agent

cheekytheapp@gmail.com

1459 Florida St.

San Francisco, CA 94110

Cafe Cheeky will remove material that infringes on any copyright upon proper notice to Cafe Cheeky. Repeat infringers will be restricted from using Cafe Cheeky. If you believe your work has been copied, please notify our copyright agent in writing by following the instructions in Section 10 in the TOS.

11. In-App Purchases. Cafe Cheeky may offer in-app purchases through the various app stores that Cafe Cheeky supports. If you choose to make in-app purchases, you will be required to do so through the app store that you downloaded Cafe Cheeky from and you will be charged in accordance with the terms that govern that particular app store. In the event that purchases are made upon third party platforms, the terms that govern that third party application shall apply. Please refer to the terms of your relevant app store for more details.

Cafe Cheeky may offer in-app purchases and if you decide to make a purchase, it will be processed through the app store that governs your device.

12. Third Party Services and Our Platform.  

Our Platform may contain links to products and services of third parties (“Third Party Services”). These Third Party Services are not under our control, and we are not responsible for their content, goods, services, performance, operation, availability, business practices or policies. We are making these Third Party Services available to you only as a convenience but we do not imply any endorsement or recommendation of such. If you access any of these Third Party Services, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties are your responsibility. The websites available through the Third Party Services are subject to their own terms and policies, including privacy and data gathering practices.

Apple Identifier for Advertisers (IFA/IDFA)

Pending approval by the Apple App Review Team, Cafe Cheeky may collect basic properties of user information including but not limited to age, gender, and information provided by the Apple Identifier for Advertisers (IFA/IDFA). For a reference of what may be collected through IFA/IDFA please see https://support.google.com/firebase/answer/6317485.

Cafe Cheeky may link to third-party websites. Those sites are not under Cafe Cheeky’s control and have their own terms and policies separate from these terms, which you should read. You access those third-party websites at your own risk.

13. Termination.

13.1 Termination by You. You can terminate your account at any time by deactivating your account or by providing notice of termination to Cafe Cheeky, along with sufficient information for us to process your request.

13.2 Termination by Cafe Cheeky. We reserve the right to terminate or suspend your account or your access to any or all portions of the Platform at any time, for any reason, including but not limited to your violation or breach of any provision in this TOS. In the event of such termination, you will not be entitled to any refund of unused fees for in-app purchase.

13.3 Effect of Termination. If your account or access to our Platform is terminated, you will have no further right to access your account or our Platform and all Content will no longer be accessible to you. The following sections survive termination of this TOS: 3.4, 3.5, 4.2, 6, 7, 9, 10, 13.4, 13.5, 14, 15, 16, 17, 18, 19 and any other section or sub-section that by its nature reasonably survives termination of this TOS.

13.4 Cafe Cheeky reserves the right to investigate and take appropriate action and report any illegal conduct.

13.5 Cafe Cheeky reserves the right to access and disclose any information it considers necessary or appropriate, in order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other Users, or to ensure the integrity and operation of our business and Platform.

You may delete your account at any time and Cafe Cheeky may also terminate or suspend access to your account at any time. If your access is terminated, you will not be able to access the Content on your account. Cafe Cheeky has the right to report illegal conduct and will cooperate with law enforcement authorities if necessary. You are responsible for all Fees up to the date of termination.

14. Disclaimer. The Platform, including all Content, Third Party Content, data, and any information therein are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the Platform will provide a specific result or be provided uninterrupted, accurate, error-free, virus-free, or that defects will be corrected.  Cafe Cheeky does not make any representations about the Users of the Platform and is not responsible for the conduct of any User. By using Cafe Cheeky, you agree to be solely responsible for any damage that occurs to your devices or your content and hereby waive claims related thereto. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAFE CHEEKY DISCLAIMS ALL WARRANTIES REGARDING THE PLATFORM AND ITS USERS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. Your access and use of our Platform, as well as your access to and use of Third Party Services is at your own risk.

Cafe Cheeky cannot guarantee that everything will work perfectly or that the Platform will provide specific results. Cafe Cheeky does not make any warranties about the Services, including any Content. You are using the Cafe Cheeky Platform “AS IS” and at your own risk.

15. Limitation of Liability. CAFE CHEEKY WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOU OR YOUR BUSINESS, YOUR ACCOUNT, YOUR CONTENT OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM OR OTHERWISE ARISING FROM OTHER USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE, FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAFE CHEEKY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS PROFITS) ARISING FROM OR RELATING TO THIS TOS, OUR PLATFORM, OTHER USERS, ANY CONTENT, THIRD PARTY CONTENT OR ANY THIRD PARTY SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL CAFE CHEEKY BE LIABLE FOR MORE THAN THE AMOUNT PAID BY YOU TO CAFE CHEEKY, IF ANY, IN THE MONTH DIRECTLY PRECEDING THE CLAIM OR $50, WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion of certain warranties or damages, so the limitations above may not apply to you. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Cafe Cheeky is not liable in any way for any loss or damage that may arise from the use of the Cafe Cheeky Platform and you cannot recover any damages from Cafe Cheeky for use of the Platform.

16. Indemnification.  You agree to defend, indemnify, and hold Cafe Cheeky and its third party suppliers and Users harmless from any claim, liability, loss, injury, damage, cost, or expense (including attorneys’ fees) incurred by us arising out of or relating to (i) your use of the Platform, (ii) your actions or inactions with other Users of the Platform, whether online or offline, (iii) any Content you provide, or (iv) your violation or breach of any provision of this TOS or your violation of any rights of a third party.

Cafe Cheeky is not responsible for your uses of the Cafe Cheeky Platform, your Content, your interactions with other Users or your violation of the TOS. If you do something that causes a third party to sue Cafe Cheeky for a harm relating to your use of the Platform, your Content, or your violation of the TOS then you are responsible for handling that claim and paying for all the costs relating to that claim.

17. Resolving Disputes. Most User concerns can be resolved quickly and to the Users’ satisfaction by emailing cheekytheapp@gmail.com . In the unlikely event we are unable to resolve your complaint to your satisfaction informally, we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. By entering into this TOS, you and Cafe Cheeky agree as follows:

17.1 We Both Agree to Arbitrate. You and Cafe Cheeky agree to resolve any claims relating to this TOS through final and binding arbitration as provided herein, except as set forth under Exceptions to Agreement to Arbitrate below.

17.2 Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by making a written request to opt-out by emailing Cafe Cheeky at cheekytheapp@gmail.com within 30 days of first accepting this TOS.

17.3 Notice of Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Cafe Cheeky should be addressed to: Notice of Dispute, Legal Counsel, Cafe Cheeky 1459 Florida St.

San Francisco, CA 94110 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Cafe Cheeky and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Cafe Cheeky may commence an arbitration proceeding.

17.4 Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, which are available online at www.adr.org, in front of a one arbitrator panel. The arbitration will be held in the United States county where you live or work, or San Francisco (CA), or any other location we agree to.

17.5 Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. Café Cheeky will pay all remaining fees. If your claim against Cafe Cheeky is for less than $1,000, we will pay all fees. If you believe you cannot afford AAA’s fee, you may apply to the AAA for a fee waiver.

17.6 Exceptions to Agreement to Arbitrate. Either you or Cafe Cheeky may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Further, Cafe Cheeky may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform without first engaging in arbitration or the informal dispute-resolution process described above.

17.7 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations or claims aren't allowed.

17.8 Judicial forum for disputes. In the event that the agreement to arbitrate or any provision herein is found not to apply to you or your claim, you and Cafe Cheeky agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Cafe Cheeky consent to venue and personal jurisdiction there.

If you have any concerns or complaints regarding the Cafe Cheeky Platform, please send an email to cheekytheapp@gmail.com and Cafe Cheeky will do its best to resolve your complaint.  If we cannot resolve a problem informally, you and Cafe Cheeky each agree to resolve any dispute through binding arbitration unless you opt out as provided in section 17.2, and you and Cafe Cheeky are each waiving the right to a trial by jury or to participate in a class action. Arbitration will be governed by Section 17 of this TOS and the AAA Rules, which are available online at www.adr.org.  

18. General Provisions. This TOS, along with the Privacy Policy, constitute the entire agreement between you and Cafe Cheeky regarding your use of our Platform, which supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in this TOS is not a waiver of such right or provision.  If any provision in this TOS, for any reason, is held to be invalid or unenforceable, the other provisions will continue, unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The rights or obligations to use the Platform are personal to you and are not assignable, and any such attempted assignment or transfer shall be void and without effect. This TOS will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction.

This TOS, as well as the Privacy Policy, constitute the entire agreement between you and Cafe Cheeky. If some provisions of the agreement are unenforceable for any reason, the rest of the agreement is unaffected and remains binding on you. This TOS is personal to you and you cannot transfer any rights or obligations to another person. This TOS is governed by the laws of the state of California.

19. Contacting Us. If you have any questions about this TOS, please contact us at cheekytheapp@gmail.com.

Contact Cafe Cheeky at cheekytheapp@gmail.com with any questions.

20. Special State Terms. 

20.1 Cancellation. You, as the buyer/User of the Platform, may cancel the use, without any penalty or obligation, at any time prior to midnight of the third business day following the date of the first use, excluding Sundays and holidays. To cancel this use, send an email from the email address that is associated with your account stating that you are canceling this use, or mail or deliver a signed and dated notice, which states that you, the buyer, are canceling this use, or words of similar effect. Take note that the following sections survive termination of this TOS: 3.4, 3.5, 4.2, 6, 7, 9, 10, 13.4, 13.5, 14, 15, 16, 17, 18, 19 and any other section or sub-section that by its nature reasonably survives termination of this TOS. This notice shall be sent to:

Cafe Cheeky

cheekytheapp@gmail.com

1459 Florida St.

San Francisco, CA 94110

20.2 If by reason of death or disability you are unable to receive all services for which you contracted as provided in this TOS, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph 21.2.3.

20.2.1 If you have prepaid any amount for services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative.

20.2.2 "Disability" means a condition which precludes you from physically using the services specified in this TOS  during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to Cafe Cheeky.

20.2.3 If the physician determines that the duration of the

disability will be less than six months, Cafe Cheeky may extend the  term of the TOS for a period of six months at no additional charge to Cafe Cheeky in lieu of cancellation.

If you pay for Cafe Cheeky dating services, you are entitled to a three day “cooling off” period in which you can decide that you no longer wish to participate in the dating service. If you notify Cafe Cheeky within three days, you are entitled to a full refund for the money you paid for the dating service.

[a]Beyone this point, this paragraph mentions Facebook, but not Google. The app does receive information from Google accounts (eg, profile pictures), and uses this information in the same way it uses information from Facebook. Can we make this paragraph a little more general to include Google also?