MASQUE TERMS OF USE
IMPORTANT – PLEASE READ CAREFULLY - THESE TERMS OF USE CONSTITUTE A VALID AND BINDING AGREEMENT BETWEEN MASQUE BV AND YOU FOR THE USE OF THE MASQUE SERVICES
MASQUE SERVICES ARE AVAILABLE ONLY TO USERS OVER THE AGE OF EIGHTEEN (18) OR IF HIGHER THE LEGAL AGE IN YOUR COUNTRY – ANYONE UNDER THIS AGE MUST NOT DOWNLOAD OR USE MASQUE
Section 1 - Background

1.1 By clicking on the ACCEPT button or installing and using the Masque Services you are entering into a legally binding contract and agree to be bound by the terms and conditions of this Agreement. You hereby agree that this Agreement as updated from time to time covers all your use of the Masque Services, whether it is from this installation or from any other terminals where Masque Services have been installed, by you or by third parties.

1.2 This Agreement is made between you and Masque only and not with any of the Channels (defined below). The Masque Services, including customer support services, are not provided by the Channels but by Masque, who is solely responsible for them subject to the terms of this Agreement.

1.3 You hereby agree to the use of electronic communications in order to enter into this Agreement and associated contracts, place orders and create other records and to the electronic delivery of notices, instructions, policies and records of transactions initiated or completed through the Masque Services. You hereby waive any rights or requirements which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

1.4 MASQUE SERVICES ARE AVAILABLE ONLY TO USERS OVER THE AGE OF EIGHTEEN (18) OR IF HIGHER THE LEGAL AGE IN YOUR COUNTRY – ANYONE UNDER THIS AGE MUST NOT DOWNLOAD OR USE MASQUE.

1.5 If you reside or are located in a jurisdiction (i) which restricts the ability to enter into agreements such as this Agreement according to age and you are under the relevant age limit, and/or (ii) where it is unlawful to offer or use software for data communications, you may not enter into this Agreement and download, install or use the Masque Services. You explicitly state that you have verified in your jurisdiction that your use of the Masque Services is allowed. Masque reserves the right to make the Masque Services and/or Software available only in certain locations and/or to withdraw them at any time.

Section 2 - Definitions

In this Agreement, capitalised terms have the following definitions:

2.1 Agreement: these Terms of Use, as may be renewed, modified and/or amended from time to time.

2.2 Channel: any third party physical or virtual shop, store, retailer, kiosk, portal, hardware provider, channel partner or similar vendor and any service provider associated with them, through or from which you download or access any Masque Services.

2.3 Content: words, speech, writing, photos, videos, graphics, moving or still images, illustrations, designs, sounds, music, software, code, information, data and/or any other materials in any combination.

2.4 Device: any device on which the Masque Services are installed, accessed and/or used from time to time, including without limitation any type of computer, telephone, mobile phone, PDA, smartphone, tablet, console, set-top box, modem, e-book reader, music or media player, disk drive, camera or any other communications or networking device.

2.5 Documentation: any documentation provided by Masque online or by any other method, including any instructions or policies relating to the use of the Masque Services.

2.6 IP Rights: any and all intellectual and/or industrial property rights, including but not limited to copyrights, designs, database rights, trademarks and patents, as well as know-how and trade secrets (including trade and product names, signs, logos, or banners), whether registered or unregistered, contained in or relating to the Masque Services, the Documentation or the Masque Website.

2.7 Masque BV, a company established under the laws of The Netherlands, with its address at Delftseplein 27-E, 3013 AA Rotterdam, The Netherlands; registration number Rotterdam Chamber of Commerce: 24360074; VAT number: NL 8138.35.732.B.01.

2.8 Masque API: application program interface consisting of the set of routines utilized by the Masque Services to provide the functionality for a given platform or operating system, the Masque API being included in or linked to the Masque Services.

2.9 Masque Services: the facilities and suite of products and applications provided by Masque under this Agreement including without limitation the software distributed by Masque, the Masque API, UI and Documentation, as well as any future programming fixes, updates and upgrades.

2.10 Masque Staff: the officers, directors, employees, agents, consultants and advisors of Masque or its related companies.

2.11 Masque Website: all elements, Content and ‘look and feel’ of all websites operated by or on behalf of Masque from which Masque Services can be downloaded or accessed, including without limitation the URL http://www.masque.me, as added to or substituted from time to time.

2.12 Third Party Service: any product, service, store, website, software, advertising, Content and/or other technology owned and controlled by third parties which may be incorporated into or accessible through the Masque Services (including in Content provided by other end users) or into which the Masque Services may be incorporated.

2.13 UI: the user interface of any Masque Service.

2.14 User Account: the account with user ID and password chosen by or assigned to you for the purpose of installing, accessing or using the Masque Services.

Section 3 - Masque Services Licence and Restrictions

3.1 Subject to the terms of this Agreement, Masque hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-transferrable, non-assignable, free of charge licence to download, install, access and use the Masque Services on one or more Devices for the sole purpose of using the chat-related applications provided by Masque and any other applications that may be explicitly provided by Masque, for personal use.

3.2 You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights or access to third parties with regard to the Masque Services or any part thereof.

3.3 You will not undertake, cause, permit or authorize the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, scraping or hacking of the Masque Services or any part thereof.

3.4 The following shall apply to Third Party Services:

3.4.1 any Third Party Service that is incorporated in the Masque Services is subject to the provisions of this Agreement;

3.4.2 use of Third Party Services may in addition be subject to your signing up for an account with and accepting the terms and conditions of the relevant third party, including provisions relating to processing of personal data which may differ from Masque’s policies and for which Masque is not responsible. You acknowledge and agree that you are not entering into a contractual relationship with Masque or its related companies regarding such Third Party Services and your rights and obligations are exercisable exclusively between you and the applicable third party;

3.4.3 certain Masque Services use the Google Places service provided by Google, Inc. When you use these services you are also bound by Google’s Terms of Service as set out at http://www.google.com/intl/en/policies/terms/.

3.5 Masque, in its sole discretion, reserves the right to add or delete features or functions, and/or to provide programming fixes, updates and upgrades, to the Masque Services. You agree that Masque has no obligation to make available to you any particular version or element of the Masque Services and that they are subject to change, termination or suspension for any reason at any time, at Masque’s discretion, including without limitation for maintenance, changes in applicable laws, requirements of the Channels, Masque’s business decisions, breach though your User Account of any provision of this Agreement, or of the Documentation or other policies or instructions given from time to time, or for any other reason within or outside Masque’s control. Masque will not accept any liability in relation to any loss or damage whatsoever caused by the release and/or the absence of release of new versions of the Masque Services and/or the suspension or termination of provision of or access to any part of the Masque Services or this Agreement. You also agree that you may have to enter into a modified version of this Agreement, in order to download, install, access or use a new version of the Masque Services.

Section 4 - API Licence and Restrictions

4.1 A licence may be available to use the Masque API to enable your application to connect with Masque Services. If you are interested in that API or doing anything else than permitted under this Agreement, please do contact Masque to discuss a possible commercial arrangement. For the avoidance of doubt, any activity not expressly permitted under this Agreement always requires Masque’s previous written consent.

Section 5 - IP Rights

5.1 You acknowledge that all IP Rights in the Masque Services, Masque Website, Masque API, software, networks, systems, Content (including advertising content) provided to or accessible by you in connection with the Masque Services or Masque Website, are and shall remain the exclusive property of Masque and/or its licensors and include materials protected under applicable IP Rights laws in various territories worldwide (whether or not registered). Nothing in this Agreement shall act as a transfer or assignment of any such IP Rights to you, or permit you to use such IP Rights except as provided by Masque within the Masque Services. You will not take any action to challenge, jeopardize, limit or interfere with the IP Rights. All IP Rights in and to any third party Content, products or services that is not contained within the Masque Services, but may be accessed through use of the Masque Services, are the property of the respective owners.

5.2 You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Masque’s (or any other person’s) rights and ownership, in whatever form attached to, incorporated in or associated with the Masque Services, Documentation or any other Content.

Section 6 - Use of the Masque Services

6.1 The Masque Services are designed to enable you to contact, chat and exchange Content with other Masque Services users.

6.2 Masque cannot guarantee that you will always be able to contact, chat or exchange Content with other persons, or that all usage requests will always be successful, confidential or without disruptions, delays or communications-related errors.

6.3 You expressly acknowledge and agree that you are solely responsible for your interactions with other Masque Services users. Masque’s services are for entertainment only and not for dating, real-world contacts, advertising, or promoting commercial services. You must comply with the following community rules (which may be amended or added to by guidelines or other Documentation provided by Masque from time to time):

(a) Protect your personal details – don't include in your profile or give out to anyone your personal data such as your family name, fixed or mobile phone number, address, email or any other types of personal information;

(b) Take care when interacting with strangers – people can and do lie about their identity. Do not engage in any conversations or activities that make you uncomfortable or that you would not engage in offline;

(c) Don't arrange to meet – never agree to meet someone in real life that you have only interacted with online;

(d) Keep it fun – use the Masque Services only for contacts, Content and activity that you would want to receive, and don't send unwanted requests or Content to other users;

(e) Report inappropriate contacts, Content, activity and underage users by contacting us with the details of the profile or Content in question at support@masque.me;

(f) Consider consulting www.saferinternet.org, www.wiredsafety.org, www.connectsafely.org and www.onguardonline.gov for more information and tips on Internet safety.

6.4 You must use the Masque Services exclusively for lawful purposes. In particular but without limitation you may not (a) intercept, monitor, interfere with or modify any data which is not intended for you, (b) interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of Masque or any other person, (c) impersonate any other person or use their User Account or ID, (d) allow another person to use your User Account, or transfer your User Account or ID to another person, (e) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble, automatically initiate contact requests or chats, or otherwise interfere with the Masque Services or network, (f) advertise or promote commercial services or products (including but not limited to dating or escort services), (g) send any unsolicited commercial communication not permitted by applicable laws, regulations or codes of practice (e.g., spam), (h) collect or harvest personal information from or relating to other users (e.g., phishing, data mining, robots), (i) harass or threaten any person, (j) expose any person to or provide to Masque any Content which is false, offensive, discriminatory, defamatory, pornographic, bullying, harmful to minors, indecent, illegal, in breach of third party rights or otherwise objectionable, including without limitation any illegally copied Content or methods to create or access them, or (k) undertake any activity that is in breach of the law, public order, or public morality using the Masque Services.

6.5 By posting any Content on or using the Masque Services, you hereby grant to Masque the non-exclusive, royalty-free, worldwide license to use, reproduce, publicly perform and display such Content to the applicable end user(s) or if applicable in public areas of the Masque Services, and you guarantee that you are entitled to grant such licence.

6.6 Masque reserves the right to edit, correct, take down, store and/or permanently delete any Content posted by you in any user profile, forum, chat or other use of the Masque Services that Masque in its discretion deems to be in breach of the above rules or otherwise inappropriate for any reason, or as required by any rights holder or public authority, and to cooperate with and when requested to do so retain and/or provide such Content to any such authority. You understand that sending or posting Content referred to in Section 6.4 may result in termination of this Agreement and/or your exclusion from some or all Masque services.

6.7 You must only use the Masque Services in accordance with the terms of your agreement(s) with your internet service, mobile and fixed line communications provider as applicable. You must not use Masque Services if they are not permitted by such agreement(s).

6.8 You agree that Masque may impose limits on the use of the Masque Services and/or terminate your use of the Masque Services in order to prevent other users receiving too many contact requests, to ensure “fair usage”, and to protect the Masque Services and networks, in particular if it appears to Masque that the Masque Services or networks are being resold or otherwise misused including through their use or access using any software or system not distributed or authorised by Masque.

6.9 You acknowledge that Masque does not endorse any Content posted, sent or received using the Masque Services, and such Content and the consequences of its provision to or through the Masque Services, is exclusively the responsibility of the person that provides it. You will be solely liable if you send or receive Content referred to in Section 6.4 and you accept the risk that such Content might be sent to you. Masque will not be liable for any type of communication or Content made by means of the Masque Services. You may report an infringement of this Agreement or inappropriate content, behaviour or use of the Masque Services from or by any other user to support@masque.me although all decisions on any action to be taken shall be at Masque’s sole discretion.

Section 7 - Utilization of your Device

7.1 You hereby acknowledge and agree that:

7.1.1 the Masque Services may utilize the processor and bandwidth of any Device used to access or use them;

7.1.2 use of the Masque Services is currently not subject to any charge from Masque but may require you to contract, set up and pay for data and/or other communications services from your internet service, mobile or fixed line communications provider, including roaming charges if you are outside your home country. Please check the terms of your agreement with your communications provider before using the Masque Services as you are solely responsible for all such costs and for selecting and paying for the appropriate Device, data, communications and internet access services and plans you wish to use with the Masque Services; and

7.1.3 within the Masque Services Masque or its third party providers may serve and deliver advertisements to and access, index and record responses made from your Device. Any contacts with advertisers are made at your own discretion and risk and may be subject to their applicable terms of service or sale and privacy policies which are not controlled by Masque and may differ from Masque’s policies.

7.2 You acknowledge that Masque will use its commercially reasonable efforts to protect the privacy and proper functioning of your Device and of your communications, but that Masque does not give any guarantees in this respect.

Section 8 – Masque Paid Services

8.1 Masque Services are currently free to use (other than third party charges referred to in Section 7). Masque may introduce paid services in the future but will inform you clearly in advance of such services and charges and will not charge you without your agreement.

Section 9 - Term and Termination

9.1 This Agreement will be effective from the date on which you accept it by (i) clicking on the ACCEPT button as stated above, or (ii) your first use of the Masque Services, and will remain effective until terminated by either Masque or you as set out below.

9.2 Without limiting any other remedies, Masque may without prior notice to you restrict, suspend or terminate any licences granted hereunder and/or your use of any version or element of the Masque Services, block access to the Masque Website and/or suspend or cancel your User Account and/or ID, with immediate effect, if Masque reasonably believes you have failed to comply with any terms contained in this Agreement, the Documentation and/or Masque’s other policies or instructions, you have infringed someone else’s rights (e.g. copyrights, other intellectual property, or privacy rights), or engaged in any fraudulent, immoral or illegal activity. Masque reserves the right to cancel User Accounts that have been inactive for more than six months.

9.3 You may terminate this Agreement with immediate effect at any time provided that you meet all the conditions set out in Section 9.4 below.

9.4 Upon termination of this Agreement for any reason (a) all licences and rights to use the Masque Services including the Masque API shall terminate, and (b) you will cease all use of the Masque Services, and (c) you will remove the Masque Services from all Devices, hard drives, networks and other storage media and destroy all copies in your possession or under your control.

9.5 MASQUE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE CAUSED BY THE TERMINATION OF THIS AGREEMENT WHETHER OR NOT MASQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

Section 10 - Representations and Warranties; Indemnification of Masque

10.1 You represent and warrant that you (i) are authorized to enter into this Agreement and comply with its terms, and to use all Masque Services that you use, (ii) will only provide true, accurate, up to date and complete registration, contact and (if required) billing information, (iii) have all necessary permissions to provide any Content belonging to third parties that you provide to or via Masque; and (iv) will at all times comply with your obligations hereunder, as well as any and all applicable laws, regulations and policies.

10.2 You agree to indemnify, defend and hold Masque, its related companies and the Masque Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of the absence, failure or outage of the Masque Services and/or your (a) breach of any term of this Agreement or any applicable law or regulation, or (b) breach of any rights of any third party, or (c) use or misuse of the Masque Services, or (d) use and/or modification of the Masque API and/or any application created using the Masque API, or (e) contacts made by means of the Masque Services.

10.3 You acknowledge that the Masque Services may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Masque Services as well as end-user, end-use and destination restrictions issued by national governments or international bodies.

Section 11 - Disclaimer of Warranties

11.1 THE MASQUE SERVICES ARE PROVIDED “AS IS”. MASQUE HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MASQUE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR ANY PARTICULAR PURPOSE OR REQUIREMENT. MASQUE DOES NOT REPRESENT OR WARRANT THAT THE MASQUE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, CONFIDENTIAL, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA, FILE OR PACKET LOSS, NOR DOES MASQUE WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET OR ANY FIXED OR MOBILE COMMUNICATIONS NETWORK, OR ANY QUALITY, ACCURACY OR RELIABILITY OF DATA SENT THROUGH THE MASQUE SERVICES.

11.2 You agree that the entire risk arising out of the use or performance of the Masque Services remains with you, to the maximum extent permitted by law.

11.3 To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and Masque’s liability will in that case be limited as far as possible under applicable law.

Section 12 - Limitation of Liability

12.1 YOU AGREE THAT MASQUE, ITS RELATED COMPANIES, ITS LICENSORS AND THE MASQUE STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE MASQUE SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, INCLUDING FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, CONTRACT, BUSINESS, GOODWILL OR DATA, COMPUTER FAILURE OR PECUNIARY LOSS), EVEN IF MASQUE, ITS RELATED COMPANIES OR THE MASQUE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE MASQUE SERVICES.

12.2 YOU ALSO AGREE THAT THE CHANNELS ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WHATSOEVER IN RELATION TO THE MASQUE SERVICES INCLUDING WITHOUT LIMITATION IN RELATION TO THE SALE, DISTRIBUTION OR USE, PERFORMANCE OR NON-PERFORMANCE THEREOF, PRODUCT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, NON-COMPLIANCE WITH ANY APPLICABLE WARRANTY, LAW OR REGULATION (INCLUDING CONSUMER PROTECTION AND SIMILAR LEGISLATION), AND ANY CONTENT INCLUDED THEREIN THAT THEY HAVE NOT PROVIDED.

12.3 YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE MASQUE SERVICES IS TO DE-INSTALL AND CEASE USE OF SUCH MASQUE SERVICES, SAVE IN RESPECT OF MASQUE SERVICES PURCHASED FROM A CHANNEL, IN WHICH CASE IF SUCH MASQUE SERVICE FAILS TO COMPLY WITH ANY APPLICABLE WARRANTY, YOU MAY BE ENTITLED TO CONTACT SUCH CHANNEL AND REQUEST A REFUND OF THE PURCHASE PRICE AS ITS EXCLUSIVE OBLIGATION IN ACCORDANCE WITH ITS APPLICABLE TERMS AND CONDITIONS.

12.4 MASQUE DOES NOT ENDORSE OR WARRANT AND ACCEPTS NO LIABILITY FOR ANY CONTACT, CORRESPONDENCE, TRANSACTIONS OR LOSS AND DAMAGE THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY THROUGH THE MASQUE SERVICES OR MASQUE WEBSITE, WHETHER OR NOT SUCH THIRD PARTY ADVERTISES WITHIN THE MASQUE SERVICES OR MASQUE WEBSITE. YOU ACKNOWLEDGE THAT PARTICULAR CARE IS REQUIRED - AND MASQUE WILL HAVE NO LIABILITY FOR ANY ADVERTISEMENT, ANY INFORMATION TRANSMITTED OVER THE MASQUE SERVICES OR WEBSITE OR ANY DECISIONS MADE - IN CONNECTION WITH ANY FINANCIAL SERVICES OR PRODUCTS.

12.5 To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and Masque’s liability will in that case be limited as far as possible under applicable law.

Section 13 - General Provisions

13.1 Masque reserves the right to modify this Agreement at any time by notifying you by any reasonable means or by publishing the modified Agreement on the Masque Website. The modified Agreement shall become effective thirty days from such publication or notification, unless you expressly accept the modified Agreement earlier. Such express acceptance by you, or your continued use of any Masque Service after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement. You can access the latest version of this Agreement at http://www.masque.me/terms

13.2 Masque’s privacy statement, available at http://www.masque.me/privacy, the Documentation, and all other applicable policies and instructions on the Masque Website or contained within or applicable to the Masque Services form part of this Agreement.

13.3 Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.

13.4 The failure or delay by Masque to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by Masque.

13.5 You cannot assign this Agreement or any rights or obligations hereunder. Masque may assign this Agreement or any rights or obligations hereunder to any person, without prior notice.

13.6 You acknowledge that any relevant Channel and/or its subsidiaries are third party beneficiaries of these Terms of Use and where their rights are affected shall be entitled to enforce the same against you.

13.7 This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any conflict of laws, but without depriving you of the benefit of any consumer protection rules that must be given to you in accordance with the terms of any international treaty.

13.8 Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the Netherlands, district of Rotterdam.

Section 16 – Acceptance

YOU EXPRESSLY STATE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT. BY CLICKING ON THE “ACCEPT” BUTTON AND/OR INSTALLING OR USING ANY OF THE MASQUE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.

© Masque B.V., all rights reserved. Last revised: 18 September 2014