Minor General Release And Hold Harmless Agreement: Fill & Download for Free

Food shortages in Russian cities, and the refusal of the army to fire on demonstrators.Before the First World War, the idea that there would be a revolution in Russia 'some day' was almost taken for granted. The country's form of government was seen as inherently unstable. Absolute monarchy (the Tsar actually used the term 'Autocrat' as one of his official titles) meant that violence seemed to be the only way to express dissent against the government.Assassination was commonplace: Nicholas II's own grandfather Tsar Alexander II had been murdered in 1881; two successive Russian Interior Ministers were murdered, Sipiagin in 1902 and Plehve in 1904; the Tsar's uncle Grand Duke Sergei was assassinated in 1905, and the Russian Prime Minister Stolypin in 1911.Furthermore, in 1905 there had been a revolution, characterised by mass demonstrations, strikes and military mutinies. The Tsar suppressed it by a mixture of repression (about 13,000 executions, 75,000 people imprisoned) and concessions — such as the creation of an elected parliament, the Duma. However, in practice the Duma turned out to be a meaningless token. It had no power to appoint or dismiss government ministers (the Tsar alone could do that), and the Tsar could veto any proposed legislation. It did, however, provide hope that things could change in the future.(There is a theory that violent revolutions don't happen when people are poor and desperate and without hope. Instead, they happen when things are gradually starting to improve, but too slowly. People can see that change is possible, and become frustrated and angry at those holding it back.)Russia's social and economic situation was also rife with tension. Serfdom had been abolished in 1861, but the former serfs were obliged by law to pay their former masters for their freedom. These payments were staged over many years and were extremely high, forcing many peasants into long-term debt. The plots of lands allocated to former serfs were tiny, barely able to support a family; while the nobility, the Tsar himself and the Church continued to own over half the land in Russia. Adding insult to injury, it was notorious that the peasants had to intensively cultivate their small farms to wring the last sack of grain from the land; while the nobles and Church rarely bothered, and often let portions of their vast estates run to waste through neglect. For the struggling peasants, this aroused intense resentment and anger.Many of the poorest peasants gave up trying to make a living as farmers, and sold off their land to pay their debts. This created a growing class of landless agricultural labourers — what the Marxists called the 'rural proletariat'. At the same time, a minority of peasants were able to buy up the land being sold by their debt-ridden neighbours, at bargain prices, and thus became prosperous.This development was encouraged and assisted by the Tsar's government after 1906: his prime minister Stolypin hoped that these 'strong and sober' peasant landowners would eventually develop into an English-style class of minor landed gentry, prosperous and firmly supportive of the monarchy. In the villages, though, their new-found wealth at the expense of their poorer neighbours was often resented. The new landowners were nicknamed 'kulaks', a Russian word that means 'fists', referring to their supposedly greedy and grasping nature.Before the 20th century, Russia had little in the way of industry. That began to change after the 1905 Revolution, and the change accelerated when the First World War began. Huge new factory complexes sprang up around the major cities like Moscow and Petrograd, to manufacture the millions of shells, rifles and other munitions needed for the war effort. Tens of thousands of peasants displaced from their farms found employment here, living in dreary barracks-like accommodation and enduring low pay and harsh conditions. Socialist ideas found fertile soil among them.The fact that Russia’s industrial working class, although comparatively small in total numbers, was concentrated right around the capital city and the main centres of communication would prove a major factor in the events to come.As such, Russia in 1914 was a powder keg waiting to explode. The nobles and intellectuals were angry at their lack of representation in the Tsar's government. The peasants were angry at their poverty and the vast estates of the nobles apparently going to waste. The workers were angry at their exploitation by the bosses.Some of the Tsar's advisers believed that a victorious war would unite the people behind their emperor in a tide of patriotism and national feeling. It might even have worked, at least for a time — except that the First World War was anything but victorious for Russia.The Tsar's government made two mistakes early in the war which seemed reasonable at the time, but in hindsight were disastrous.First, they conscripted most of the railway workers who maintained and operated Russia's railway network. Only a skeleton staff was left to keep the service running. This was seen as a purely temporary expedient: nobody expected the war to last more than a few months, and it was seen as vital to mobilise the largest possible number of troops to defeat the enemy.Russia wasn't the only country to take such measures. However, in their case it backfired badly, because the general level of education and technical skills training in Russia was significantly lower than in western European countries, and so it wasn't as easy to train up replacement workers once it became clear that the war would last for years. Furthermore, the Russian military disasters on the front lines meant that the existing railway workers couldn't be released to go back to their civilian jobs; they were too badly needed, or else dead or prisoners.That meant that by 1916, the Russian railway network was starting to grind to a halt, with a two-year backlog of unfulfilled maintenance requirements. The trains that were still running had to be devoted to military needs, carrying troops and munitions to the front line: so the civilian economy suffered greatly. Inflation soared as full employment in the cities gave people money, but the shops were almost empty of goods to buy, making that money worthless.The second mistake was a more symbolic one. The Tsar's cousin Grand Duke Nicholas had originally commanded the main Russian armies, but in 1915 he suffered a serious defeat as the Germans conquered Russian Poland. On 21 August 1915, therefore, the Tsar demoted his cousin and took personal command of the Russian Army. This was intended to boost morale — but it meant that as the Russians suffered further defeats, the Tsar himself would be considered personally responsible for them. He couldn't shrug off the blame onto a subordinate after he made such a public show of taking command. In addition, his focus on military affairs meant that he neglected domestic policy; leaving it mostly in the hands of his wife, who herself was under the malign influence of the religious mystic Rasputin.In the winter of 1916-17, things were going badly. The Brusilov Offensive of the previous summer, which had started so hopefully against Austria-Hungary, had ended in stalemate and over half a million Russian casualties once Germany got involved. The Tsar was seen as the main obstacle to victory, or even a negotiated peace.Furthermore, Russian infrastructure had finally ground to a halt. Food was piling up in the warehouses and barns of the south, with farmers unable to sell it or ship it anywhere useful. In the cities of the north, like Moscow and Petrograd, people were beginning to starve. Petrograd was receiving only one-sixth of the daily grain supply it needed to adequately feed its people.On 7 March 1917, which was 22 February according to the old Julian calendar still in use in Tsarist Russia, workers at the Putilov Company factory outside Petrograd, which made artillery, called a strike to protest against working conditions and government policy.The following day, Thursday 8 March (23 February Old Style), the women of Petrograd organised a mass demonstration in honour of International Women's Day. They were protesting against food shortages; even bread was expensive and hard to come by. Groups of women marched out to the factories and invited the striking workers to join their protests. Demonstrators filled the streets. Bakeries were attacked by the hungry crowds.On 9 March (24 February OS), the protests continued. Around 200,000 demonstrators, men and women alike, marched through Petrograd carrying red banners. They no longer merely demanded bread: now they called for an end to the war and the overthrow of the monarchy. There were reports that some of the demonstrators had started singing the French revolutionary hymn La Marseillaise. (Russian words to the song had been composed back in 1875.)News of this came to the Tsar in his military headquarters at Mogilev. Alarmed, he telegraphed orders to the commander of the Petrograd garrison, General Khabalov, ordering him to suppress the demonstrations by force. On 10 March, the third day of the street protests, troops confronted the protesters; but the conscript soldiers often refused to obey orders to shoot them.The same happened the next day: and some of the soldiers even took off their uniforms and joined the demonstrations. One notable incident was when the Volynsky Life Guards Regiment, an elite unit that was part of the Tsar's personal guard, disobeyed a direct order to fire on the crowd and instead shot their rifles harmlessly into the air. Even more dramatically, when the Pavlovsky Life Guards were given a similar command, the soldiers instead shot the officer who had given them the order!However, not all the soldiers in Petrograd disobeyed orders: 169 demonstrators were killed on 11 March and over a thousand injured.These violent events prompted the chairman of the Duma, Rodzianko, to send a panicky telegram to the Tsar warning of disaster:The situation is serious. The capital is in a state of anarchy. The Government is paralyzed. Transport service and the supply of food and fuel have become completely disrupted. General discontent is growing ... There must be no delay. Any procrastination is tantamount to death.Nicholas dismissed this warning as needlessly alarmist and demanded harsh action by his generals.On Monday 12 March (27 February OS), the fifth day of the street protests, the soldiers of the Volynsky Life Guards mutinied, in protest against their orders the previous day to fire on an unarmed crowd. By the afternoon several more regiments of the Petrograd garrison had joined them. They took over the State Arsenal, and began distributing the 40,000 rifles stored there to the waiting crowds of protesters.By nightfall, around 60,000 mutinous soldiers and tens of thousands of armed workers and protesters were in control of Petrograd. Government buildings were attacked and political prisoners released from the jails.Some of those prisoners had, before their arrest, been members of the Menshevik faction of the Russian socialist party. In the evening of 12 March they began organising a revolutionary government for the city. The workers of each factory and the soldiers of each regiment were invited to elect a representative to attend meetings of what became known as the Council of Workers' and Soldiers' Deputies. Since the Russian word for 'council' is soviet (Совет), this body is more commonly referred to as the Petrograd Soviet.At the same time, the Duma also attempted to make itself relevant by forming a Provisional Committee, under Rodzianko, which called on the Tsar to share power with them and make Russia a constitutional monarchy. The Tsar, still not taking the situation seriously enough, refused.The following day, 13 March (28 February OS) the revolution spread outside the capital as the workers of Moscow emulated those of Petrograd and seized control of the city. The Russian Baltic Fleet, based at Kronstadt just outside Petrograd, mutinied and joined the rebels. Most of the soldiers and officers in the capital still loyal to the Tsar went into hiding.The Tsar finally realised that the situation was serious, and organised a train to carry him back to Petrograd to take personal command of suppressing the revolt. His train began making its slow, painful way across Russia's creaking and dilapidated railway network.On 14 March (1 March OS) the Petrograd Soviet issued its infamous General Order Number One. This called on all the soldiers and sailors of the Russian armed forces to set up their own elected regimental soviets, to control their units in place of the Tsarist officer corps; and to send representatives to the Petrograd Soviet. The order also stated that soldiers should obey the orders of the Tsar or the Duma only when these did not contradict the authority of the Soviet.Meanwhile, the Tsar's train had become stuck in a railway siding near Pskov, many miles from his destination. The train had been diverted there by revolutionary railway workers.On Thursday 15 March (2 March OS), a delegation from the Duma reached Nicholas in his railway carriage near Pskov. They called on him to abdicate, claiming that the only hope of preserving the monarchy in Russia was for him to take personal responsibility for the crisis and step down in favour of an untainted heir.Nicholas hesitated, asking for time to consider his options; but the delegation insisted, and produced signed statements from senior army leaders showing that they had also lost confidence in the Tsar. Faced with this unanimous opposition, Nicholas reluctantly signed a statement of abdication.Nicholas's only son (he also had four daughters), Alexei, was a 12-year old haemophiliac. His condition was incurable, and the slightest cut or bruise was potentially life-threatening. It was not believed that he could survive long, and Nicholas decided that he would not make a suitable Tsar in this moment of crisis. As such, although Nicholas originally intended to make Alexei his heir, he changed his mind and instead declared that his younger brother, the Grand Duke Michael, would be the next Tsar. (There was some doubt among lawyers as to whether Nicholas had the power to remove his son from the succession, but such quibbles would soon become irrelevant.)Meanwhile in Petrograd, the Provisional Committee of the Duma had come to an uneasy power-sharing agreement with its rival for authority, the Petrograd Soviet. This resulted in the formation of a Provisional Government, headed by Prince Lvov as Minister-President. This body was positioned as a temporary caretaker government, which would organise national elections later in the year under universal suffrage — including women, making Russia one of the first countries in the world to allow women to vote in national elections. This election would create a Constituent Assembly which would be empowered to draw up a new democratic constitution.Nicholas's abdication document was signed at 11:40 pm on the night of 15 March. The following morning, the accession of Emperor Michael II was proclaimed to the Russian people. This came as a surprise to Michael himself, who was under house arrest in Petrograd and had no idea what his brother was planning to do.A delegation from the Provisional Government arrived at Michael's apartment that morning to discuss matters. Michael was reluctant to accept the Tsar's crown: we can assume that he feared it would put him in an impossible position and possibly in danger for his life. However, his public statement was idealistic and principled: he said that he would respect the wishes of the proposed Constituent Assembly. If the Russian people, through their freely elected representatives, called on him to become their Tsar he would accept; but the decision would be theirs. Until that moment, he declared, the Provisional Government should hold power.As such, Russia effectively became a monarchy without a monarch. Nicholas was reportedly appalled by his brother's renunciation of the throne, but by now he was also under house arrest and powerless to intervene. Six months later, on 1 September 1917, Russia was formally proclaimed to be a republic. Grand Duke Michael was unperturbed by this, writing in his diary "What does it matter which form the government will be, as long as there is order and justice?"(Sadly, he would be dead within a year, and Russia would not experience order and justice for a long time to come.)The Provisional Government ruled Russia for the next eight months, and at first it was widely welcomed as a move towards democracy and openness. However, it was unable to halt the growing crisis; indeed, matters became even worse under its rule. Its decision to see itself as purely a caretaker government, holding power temporarily until the Constituent Assembly could meet, was noble and idealistic: but also meant that they were reluctant to take any decisive action or make any firm decisions. Matters were allowed to drift: which gave an opportunity to the Bolsheviks who were willing to offer simplistic, populist solutions to complex problems.The first problem was that the Provisional Government insisted on continuing the war against Germany. In July 1917 they even attempted an offensive, named after the minister of war Alexander Kerensky, over roughly the same ground as the previous year's Brusilov Offensive. The Kerensky Offensive was a disaster: in just three weeks the Russians suffered 40,000 killed, and rather than gaining territory were forced to retreat 150 miles by a German counter-attack. Many Russian units mutinied or refused to obey orders: their officers blamed the revolutionary committees set up on the instructions of the Petrograd Soviet, but in truth it's more likely that the soldiers simply saw no point in getting killed in a war which none of them believed in any longer.Over the course of 1917, the Russian army virtually disintegrated. Millions of soldiers just turned their backs on the enemy and went home. The Germans deliberately remained passive, for the most part, in order to avoid provoking the Russians into a Great Patriotic War-like mood of nationalist reaction to invasion. They were happy to wait for their opponent to collapse on its own.The second issue was land reform. The peasants were angry at the nobles and prelates who held such large estates while they had to scrape by with so little. A political party known as the Socialist Revolutionaries (SRs), who leaned towards Anarchism rather than Marxism, gained widespread support in the countryside by advocating direct action. The abolition of the monarchy, removing the main pillar of the Establishment that also supported the aristocracy and the Church, triggered the spread of radicalism.Over the course of 1917, people in the villages increasingly took matters into their own hands by forcibly occupying the great estates and dividing them up between the local peasants. The Socialist Revolutionaries cheered them on. The Provisional Government wrung its hands and complained that while they agreed that the peasants had a valid complaint and land reform was a worthy cause, they should avoid any illegal actions and wait for the Constituent Assembly. Nobody in the countryside took much notice of them.Finally, the food situation remained critical. The arrival of summer and the relative quietness of the war front allowed famine to be averted for the time being, but there was still too much food in the countryside and too little in the cities.In the face of these problems, Lenin and the Bolsheviks offered a simple slogan: Peace, bread and land.Lenin condemned the First World War as a "war of conquest ... so that the Russian capitalists might plunder other nations" (in alliance with their British and French fellow-capitalists). He demanded an immediate end to the war, a peace 'without annexations or indemnities'. Naively, the Bolsheviks believed that Germany would be willing to accept such a deal, and everybody could just stop fighting. The Treaty of Brest-Litovsk would come as a horrible shock to them.As for bread, he blamed war profiteers for the shortages: the capitalists in the cities and the kulaks in the villages, who were accused of hoarding food in order to push up prices and make profits. If he'd been a fascist he might have levelled similar accusations against Jews; populists on both right and left often find it helpful to direct the people's anger against a suitable scapegoat. After the Bolsheviks seized power they instituted so-called 'War Communism' (in June 1918) which included the confiscation of all food surpluses, beyond the minimum needed to feed themselves, from the peasants and the rationing of the food acquired in this way by central distribution centres. While it helped prevent famine, War Communism was hugely unpopular, and was abandoned in 1921 after the Civil War was over.Regarding land, Lenin's policy was simple: he declared that the land seizures by the peasants should be treated as permanent and legal. This went against orthodox Marxist doctrine, which called for the collectivisation of land instead of its division among peasant landowners. Some of his own Bolshevik supporters were outraged, while the Social Revolutionaries accused Lenin of stealing their policies. Eventually, after Lenin's death, Stalin would reverse this policy and impose collectivisation after all, causing widespread death and misery.Nevertheless, in 1917 millions of Russians were attracted to a decisive leader who promised quick solutions to their problems by using simple, easy-to-remember slogans. They rejected the establishment insiders and the tired old political elite of the Duma, and turned to Lenin and the Bolsheviks.The actual Bolshevik seizure of power on 7 November 1917 (25 October Old Style), supported by the Petrograd Soviet, was more in the nature of a military coup than a mass revolution. However, the Bolsheviks allowed the election to the Constituent Assembly to take place a couple of weeks later on 25 November (12 November OS). This was Russia's first and only free nationwide election before 1990.The Bolsheviks won 24% of the votes, with 10 million people voting for them. However, the Socialist Revolutionaries won the election, with 17 million votes and 41% of the electorate. Liberal and Conservative parties combined won less than 10% of the votes. Bolshevik support was concentrated in the cities and the armed forces, while the rural districts voted for the SRs.Following the election, the Socialist Revolutionaries split into 'Left' and 'Right' factions. The Left SRs formed a coalition with the Bolsheviks, while the Right SRs opposed them.The Constituent Assembly first met in Petrograd at 4:00 pm on 18 January 1918. The session was dominated by Right SRs, who strongly criticised Lenin's policies. In response the Bolsheviks and Left SRs walked out of the building. The remaining politicians carried on debating until around 4:00 am the following morning, then went home. The next day they found troops loyal to the Bolsheviks stationed around the building, who refused to let them in. Lenin announced that the Assembly was dissolved, after just 12 hours of meeting.At this point it was clear that the Bolsheviks had rejected 'bourgeois' democracy. The Left SRs continued to cooperate with them for a while, while the other socialist parties went into opposition and in many cases into hiding. The Treaty of Brest-Litovsk, signed on 3 March 1918, outraged many of the remaining SRs who saw it as an abject surrender to monarchist-capitalist Germany. Indeed, rumours began spreading that Lenin was a German agent deliberately sent by them to sabotage Russia.On 8 June 1918 several of the SR delegates who had been elected to the Constituent Assembly met in Samara, on the River Volga, and announced that by virtue of their election they, not the Bolsheviks, were the legitimate rulers of Russia. This was one of the key events that began the Russian Civil War: but that's another story.

As of March, 2019Terms and Conditions | OkCupidversion 20190429California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple/Google, not OkCupid. You can request a refund from Apple through your Apple ID account on your phone or at Get Support. All other users may request a refund by contacting OkCupid Customer Service at [email protected], or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: OkCupid, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA. The Company’s business is conducted, in part, at 555 W. 18th St., New York, New York 10011. You may have these terms of use e-mailed to you by sending a letter to Terms Inquiries, P.O. Box 25472, Dallas, Texas 75225, USA. In accordance with Cal. Civ. 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.We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.1. INTRODUCTIONBy accessing or using OkCupid’s services, you agree to be bound by these terms, including our Privacy and Cookie Policies, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.Welcome to OkCupid, operated by MTCH Technology Services Limited (“MTCH Technology”) for users located in the European Union, and operated by Humor Rainbow, Inc. for all other users. As used in this Agreement, the terms “OkCupid,” “us,” “we,” the “Company”, and “our” shall refer to Humor Rainbow, Inc. and/or MTCH Technology Services Limited, as appropriate.By accessing or using our Services on Free Online Dating | OkCupid (the “Website”), the OkCupid mobile application (the “App”), or any other platforms or services OkCupid may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.Your use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from OkCupid (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services immediately.2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIESBefore you create an account on OkCupid, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant OkCupid.By using our Services, you represent and warrant that:You are at least 18 years old;You are legally qualified to enter a binding contract with OkCupid;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;You are not on any list of individuals prohibited from conducting business with the United States;You are not prohibited by law from using our services;You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;You are not required to register as a sex offender with any state, federal or local sex offender registry;You do not have more than one account on our Services; andYou have not previously been removed from our Services by us, unless you have our express written permission to create a new account.If at any time you cease to meet these requirements, you must immediately delete your account.You agree to:Comply with these Terms, and check this page from time to time to ensure you are aware of any change;Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;Use the latest version of the Website and/or App;Treat other users in a courteous and respectful manner, both on and off our Services;Be respectful when communicating with any of our customer care representatives or other employees;Review the Safety Tips;Review and comply with the Community Guidelines, as updated from time to time; andMaintain a strong password and take reasonable measures to protect the security of your login information.You agree that you will not:Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;Use the Services in a way that damages the Services or prevents their use by other users;Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;Use our Services for any harmful, illegal, or nefarious purpose;Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;Post or share Prohibited Content (see below);Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;Use another user’s account;Use our Services in relation to fraud, a pyramid scheme, or other similar practice; orViolate the terms of the license granted to you by OkCupid (see Section 6 below).Disclose private or proprietary information that you do not have the right to disclose;Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without OkCupid’s prior written consent;Express or imply that any statements you make are endorsed by OkCupid;Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;Upload viruses or other malicious code or otherwise compromise the security of our Services;Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;“Frame” or “mirror” any part of our Services without OkCupid’s prior written authorization;Use meta tags or code or other devices containing any reference to OkCupid or the platform (or any trademark, trade name, service mark, logo or slogan of OkCupid) to direct any person to any other website for any purpose;Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;Use, access, or publish the OkCupid application programming interface without our written consent;Probe, scan or test the vulnerability of our Services or any system or network; orEncourage, promote, or agree to engage in any activity that violates these Terms.Prohibited Content—OkCupid prohibits uploading or sharing content that:Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;Is defamatory, libelous, or untrue;Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);Involves the transmission of “junk” mail or “spam”;Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from OkCupid or otherwise;Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);Was not written by you or was automatically generated, unless expressly authorized by OkCupid;Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;Is inconsistent with the intended use of the Services; orMay harm the reputation of OkCupid or its affiliates.The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.3. CONTENTIt is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that OkCupid provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.3a. YOUR CONTENTYou are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.3b. MEMBER CONTENTWhile you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.3c. OUR CONTENTOkCupid owns all other content on our Services.Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTINGOkCupid does not tolerate inappropriate content or behavior on our Services.We are committed to maintaining a positive and respectful OkCupid community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the “Report a Concern” link on a user’s profile or as part of the messaging experience. You may also email OkCupid Customer Service at [email protected] Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.5. PRIVACYPrivacy is important to us. We have a separate policy about it that you should read.For information about how OkCupid and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.6. RIGHTS YOU ARE GRANTED BY OKCUPIDOkCupid grants you the right to use and enjoy our Services, subject to these Terms.For as long as you comply with these Terms, OkCupid grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by OkCupid and permitted by these Terms and applicable laws.7. RIGHTS YOU GRANT OKCUPIDYou own all of the content you provide to OkCupid, but you also grant us the right to use Your Content as provided in this Agreement.By creating an account, you grant to OkCupid a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. OkCupid’s license to Your Content shall be non-exclusive, except that OkCupid’s license shall be exclusive with respect to derivative works created through use of our Services. For example, OkCupid would have an exclusive license to screenshots of our Services that include Your Content.In addition, so that OkCupid can prevent the use of Your Content outside of our Services, you authorize OkCupid to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. OkCupid is not obligated to take any action with regard to use of Your Content by other users or third parties. OkCupid’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).In consideration for OkCupid allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to OkCupid regarding our Services, you agree that OkCupid may use and share such feedback for any purpose without compensating you.You agree that OkCupid may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.8. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONSYou will have the opportunity to purchase products and services from OkCupid. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.OkCupid may offer products and services for purchase through iTunes, Google Play or other external services authorized by OkCupid (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). OkCupid may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONSExternal Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not OkCupid. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your OkCupid subscription and follow the instructions to cancel. You can also request assistance at Get Support. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your OkCupid subscription and follow the instructions to cancel. You can also request assistance at Google Play. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, OkCupid may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a OkCupid subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. OkCupid will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information.8b. INTERNAL PURCHASES AND SUBSCRIPTIONSInternal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize OkCupid to charge the payment method you provide (your “Payment Method”). OkCupid may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, OkCupid may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a OkCupid subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.To cancel a subscription, you can (1) log in to the Website and go to the Settings page, and then click on “Subscriptions”, and follow the instructions to downgrade; or (2) open the Android App and go to the Settings page, then click on Purchases and follow the instructions to downgrade. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.8c. VIRTUAL ITEMSVirtual items are non-refundable and subject to certain conditions.From time to time, you may have the opportunity purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as “Boost” (“Virtual Item(s)”) from OkCupid. You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when OkCupid ceases providing our Services, or your account is otherwise closed or terminated.OkCupid, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. OkCupid may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. OkCupid shall have no liability to you or any third party in the event that OkCupid exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT OKCUPID IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.8d. REFUNDSGenerally, all purchases are nonrefundable. Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU or European Economic Area.Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.For subscribers residing in the EU or European Economic Area:In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not OkCupid. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at Get Support. For any other purchase, please contact OkCupid Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: OkCupid, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA (California and Ohio users may also email us by clicking here or send a facsimile to 214-853-4309).9. ACCOUNT TERMINATIONIf you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.You can delete your account at any time by logging into the Website or App, going to “Settings”, and following the instructions to disable or delete your account. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.OkCupid reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that OkCupid regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.If your account is terminated by you or by OkCupid for any reason, these Terms continue and remain enforceable between you and OkCupid, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKSOkCupid does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and check out our Safety Tips.YOU UNDERSTAND THAT OKCUPID DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. OKCUPID MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. OKCUPID RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE OKCUPID TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY OKCUPID, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.Though OkCupid strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.11. DISCLAIMEROkCupid’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.OKCUPID PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. OKCUPID DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE, OKCUPID MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.OKCUPID TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES OKCUPID TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH OKCUPID. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. OKCUPID IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.12. DIGITAL MILLENNIUM COPYRIGHT ACTWe take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.OkCupid has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following: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;Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access 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; andA statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.Any DMCA Takedown Notices should be sent to [email protected], by phone to 214-576-3272 or via mail to the following address: Copyright Compliance Department c/o Match Group Legal, 8750 N. Central Expressway, Dallas, Texas 75231.OkCupid will terminate the accounts of repeat infringers.13. ADS AND THIRD-PARTY CONTENTLike many subscription-based services, there are ads on our websites.Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. OkCupid may also provide non-commercial links or references to third parties within its content. OkCupid is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, OkCupid is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. OkCupid is not responsible or liable for such third parties’ terms or actions.14. LIMITATION OF LIABILITYOkCupid’s liability is limited to the maximum extent by applicable law.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OKCUPID, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF OKCUPID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OKCUPID’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO OKCUPID FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.15. DISPUTE RESOLUTIONIn the unlikely event that we have a legal dispute, here is what you need to know.If you are dissatisfied with our Services for any reason, please contact OkCupid Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against OkCupid, these terms will apply.15a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVERIf you pursue a legal claim against OkCupid, you agree to arbitration (with limited exceptions).Except for users residing within the EU or European Economic Area, and where prohibited by law:The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. 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. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. OkCupid does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.15b. GOVERNING LAWTexas law and the Federal Arbitration Act will apply if there is a dispute (except in the EU and where prohibited by law).Except for users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.15c. VENUEAny claims that are not submitted to arbitration for any reason must be litigated in Dallas County, Texas (except for claims brought in small claims court, and in the EU or where prohibited by law).Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with OkCupid that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and OkCupid consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.16. INDEMNITY BY YOUYou agree to indemnify OkCupid if a claim is made against OkCupid due to your actions.You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless OkCupid, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.17. ACCEPTANCE OF TERMSBy using our Services, you accept the Terms of this Agreement.By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and Cookie Policy, (iii) the Community Guidelines, and (iv) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.18. ENTIRE AGREEMENTThis Agreement supersedes any previous agreements or representations.These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and any Additional Terms Upon Purchase, contain the entire agreement between you and OkCupid regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your OkCupid account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind OkCupid in any manner.19. SPECIAL STATE TERMSSpecial terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, WisconsinFor subscribers residing in New York:The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;Upon notice in writing and delivered to Match Group Legal, P.O. Box 25472, Dallas, Texas 75225, USA, subscribers may place their subscription on hold for up to one year;How your information is used and how you may access your information is set forth in our Privacy Policy;You may review the New York Dating Service Consumer Bill of Rights here;For subscribers residing in North Carolina:You may review the North Carolina Buyer’s Rights here.For subscribers residing in Illinois, New York, North Carolina, and Ohio:Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Match Group Legal, P.O. Box 25472, Dallas, Texas 75225, USA, and we will work with you to provide alternative services or a refund.[For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin__:Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 8.

1.1 This Member Agreement is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. This Member Agreement is an eletrronic contract and does not require any physical, electronic or digital signature.1.2 This Member Agreement located at the website Home - Rent a Scooter in Bangalore & Hyderabad|VOGO SCOOTER RENTALS and mobile application titled ‘VOGO’ (“ Platform ”) is a legally binding agreement between Vogo Automotive Private Limited, having our registered office at No. 9/21, Chakarapani Road Extension, Maduvinkarai, Guindy, Chennai – 600032 and our corporate offices at No. 703, 2nd Floor, Kavi Crest, Bhive Workspace, 22nd Cross, 22nd Main, Sector 2, HSR Layout, Bangalore, 560102 (“Vogo” / the “Company” or “we” or “us” or “our”) and the guest users or registered users of the Platform (shall hereinafter be referred to as “Member” or “you” or “your” or “yourself” or the “User”).1.3 The Member Agreement provides the terms and conditions on which Vogo offers you the access to the Platform for use, purchase of any product or services therein and such other services as are incidental and ancillary thereto (“ Services ”).1.4 The Member Agreement, Privacy Policy, Fee Policy and any other applicable polices (the “ Policies ”), as updated from time to time, govern your access and use of our Platform and Services. This Member Agreement and the Policies are legally binding documents between the Member/ user and Vogo. This Member Agreement will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship and transactions between the Members and Vogo for the access or use of the Services offered through the Platform.1.5 Please read the terms and conditions of the Member Agreement fully before using or registering on the Platform or accessing any material, information or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Member Agreement. By agreeing to the Member Agreement, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Services.1.6 Upon your consenting to the Member Agreement and the Policies of the Company (which are incorporated by reference into this Member Agreement), the Company hereby grants you a limited, personal, revocable, non-assignable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Member Agreement and the Policies.1.7 If you do not agree with the Member Agreement or any other Policies, please do not use the Platform or avail any Services being offered therein. Vogo reserves the right to change the terms and conditions of this Member Agreement or other Policies from time to time and shall give notice of such changes to the Members in a timely manner. Notice to the Members shall be considered given when such notice is indicated and accessible from the first page accessed after the Member accesses the Platform or by email to the Member’s email address provided to Vogo in the Member’s account creation or most recently provided to Vogo, or by SMS to the Member’s mobile number or mobile notification on the mobile application provided during the account creation. Member agrees that the amended terms and conditions of this Member Agreement shall be effective and binding on the earlier of (1) the effective date indicated in such notice; or (2) on the date posted on the Platform.1.8 It will be presumed that Member has received any such notice if and when the Member makes a reservation for a Vogo vehicle after notice of a change to this Member Agreement has been placed on the Platform and/or distributed to the Member by email or SMS or mobile notification on the mobile application. By making a reservation after receiving notice of any changes to the Member Agreement, the Member assents to and will be bound by such changes to the Member Agreement. Member may decline such changes by discontinuing trips under the Member Agreement.1.9 In the event of any conflict between this Member Agreement and any other document with respect to the Company’s other programmes, the Member Agreement shall override any such document except otherwise set forth from the Company in writing.1.10 As a company we have zero tolerance towards any kind of discrimination and strictly condemn any such actions. We do not discriminate on the basis of age, caste, creed, race or gender.Access to the Services2.1 It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications and is compatible with our Services to enable your access and use of the Services.2.2 You must ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.2.3 We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Member Agreement or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.2.4 You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Services or to deliver the Services to you, as per the Privacy Policy.2.5 You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically, to facilitate the provision of software updates, product support, and other services to you (if any). We may use this information as per the Privacy Policy, including without limitation to improve our products or services or technologies.2.6 The operation of our Services includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.Persons Permitted to Drive Vehicles3.1 Only active Members in good standing, as decided solely by Vogo, shall be allowed to drive Vogo vehicles. Non-members are expressly prohibited from riding a Vogo vehicle at any time.3.2 Notwithstanding, anything contrary contained in this Member Agreement, the Member booking the ride must ensure that any other person having a valid and effective driving license drives Vogo vehicle only with the prior written consent of Vogo, failing which the Member originally booking the vehicle shall be solely liable to indemnify Vogo without any limitation for any loss suffered by Vogo arising from, incidental to or related with such unauthorized usage of the vehicle.3.3 Satisfying the eligibility criteria required to become a Vogo Member does not automatically render an applicant the right to become a Vogo Member. Acceptance of the applicant’s membership is subject to approval by Vogo at its sole discretion.3.4 Should any Member’s driving license expire or be revoked, authorization to drive Vogo vehicles shall expire immediately, Vogo shall be notified immediately or not later than 3 (three) working days of such expiry or revocation by the Member by email forthwith upon such expiry or revocation.3.5 By applying for membership, each applicant authorizes Vogo and Vogo reserves the right at its sole discretion to obtain his/her driving records from the jurisdiction in which the applicant is licensed. Because riding a Vogo vehicle requires maintaining a good driving record, Vogo may periodically check Member’s driving records and reserves the right, at its sole discretion, to suspend or terminate the Membership of any Member, who does not meet Vogo’s driving eligibility requirements. Member agrees to promptly report to Vogo any suspension or revocation of his/her driving license, or any tickets/citations/conviction related to any traffic violation including but not limited to riding without a helmet, riding under the influence of drugs or alcohol, riding while intoxicated, reckless driving, exceeding the speed limit, jumping the traffic signal or sending an SMS/talking on phone while riding. Vogo can suspend or terminate the membership of a Member or stop the provision of the Services if Vogo becomes aware of any pending criminal charges or allegations of commission of offences by a Member.Vogo at its own discretion, may issue a warning to first time offenders and may terminate the Member Agreement with the customer in the case of repeated offenders3.6 Member is responsible for providing and maintaining current email, cell phone, residential address (current/temporary and permanent), and other account information with Vogo. Member further warrants that information provided to Vogo shall be absolutely correct and is bound to inform to Vogo promptly, if any change occurs in the information provided earlier including but not limited to cell phone number, residential address, etc.3.7 Member is responsible for keeping any Vogo related password and/or PIN numbers in strict confidence and to not make passwords or PINs available to third-parties, should a PIN or password be reduced to written or electronic form, the Member will be responsible for any associated costs and/or damages in connection with unauthorized use of the Member’s account by third-parties. If a Member has reason to believe a third-party may have obtained unauthorized knowledge of a password and/or PIN, Member agrees to change the compromised password and/or PIN instantly and simultaneously notify the Company of such unauthorized use.Prohibited Uses4.1 Vogo is strictly meant for personal use by Members. The use of a Vogo vehicle under the following conditions is prohibited:for any speed race, rallies or competition;for the purpose of towing, pushing, or propelling any trailer or any other vehicle, whether or not such vehicle belongs to Vogo;for the primary business purpose of transporting people or operating a taxi or any other delivery services;by any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended. A zero-tolerance policy is adopted and a limit of 0.0% ABV applies;in the carrying out of any crime or any other illegal activity;to undertake any political rallies, protests and such other activities in furtherance of a political agenda or campaigns, rallies or protests of any nature;indulging in any imprudent, negligent, or abusive manner or for any abnormal use of the vehicle;by any person who has provided Vogo with false information or whose representations are determined to be false (including, without limitation, regarding his name, age, or address);for riding a Vogo vehicle outside of India or any prohibited areas within India;for riding while using a mobile phone or any other mobile communication device in any manner whatsoever, including while sending an SMS, emailing, using a cell phone with or without a hands-free device, otherwise using a mobile communication device that may distract you from riding or otherwise engaging in similar activities that may be prohibited by applicable laws;for using Vogo vehicle to transport flammable, poisonous, or otherwise hazardous substances for other than legally permissible household use or in amounts greater than what is usually consumed in a household;for transporting objects with Vogo vehicle that could – due to their size, shape, or weight adversely impact the vehicle’s handling safety or that could damage the interior of Vogo vehicle or, by virtue of such object(s) protruding outside, affect the safety of vehicles driving in the vicinity of Vogo vehicle; andfor transporting more passengers than the prescribed seating capacity of the vehicle by manufacturer of the vehicle.4.2 Theforegoingexamplesarenotintendedtobeanexhaustivelist.Anyunreasonable, unwarranted, illegal, unethical or inappropriate use of a Vogo vehicle except the personal use for travel, as determined by Vogo in its sole discretion, may be deemed a violation of these terms and conditions. Vogo may report to the authorities any use of a Vogo vehicle or other activities that are in violation of local, state or national law or in violation of these terms and conditions.4.3 Vehicles cannot be used for commercial purposes. Further, Vogo vehicles cannot be used or ridden outside the city/ jurisdiction limits for which use of the vehicle has been chosen by the member. For instance, any Vogo vehicle booked by a member in Bangalore cannot be used or ridden outside Bangalore city limits, or any Vogo vehicle booked by a member in Hyderabad cannot be used or ridden outside Hyderabad city limits. In this regard, the Member shall exercise due knowledge, caution and restraint in ensuring that the vehicles are used strictly within the city/ jurisdiction limits selected by the Member.4.4 Vogo may immediately suspend or terminate the use of its Services by any Member for violation of any of the terms and conditions of the Member Agreement or any of the Policies. Upon suspension or termination, any existing reservations of the Member may be cancelled by Vogo at its sole discretion. In addition, the Member will be absolutely responsible for any and all, losses, damages (direct/ indirect), costs, charges, fees and expenses incurred by Vogo, as a result of such breach of any of the terms and conditions of the Member Agreement and the Member shall be required to fully indemnify Vogo. Further, the Member unconditionally and irrevocably agrees that Vogo reserves the right to pursue remedial action to recover the losses/ damage suffered by Vogo from the Member/ Member’s properties, including but not limited to his/her legal heirs/representative’s properties. Vogo acknowledges and agrees that the remedial action pursued shall not constitute any amount of force or coercion.4.5 Please be informed that Vogo may track usage of the vehicle by the customer via GPS devices installed on the vehicles, and further that the vehicles may be equipped with immobilizer systems for safety and security purposes. If any Vogo vehicle is being subject to unauthorized access or is being subject to any of the restricted or prohibited conditions mentioned here, then Vogo reserves the right to remotely activate the immobilizer system on the vehicle, and immobilze the vehicle that in the reasonable view of Vogo is being subject to unauthorized access or any of the restricted or prohibited conditions mentioned here. The view and decision of Vogo shall be final, and Vogo reserves the right to undertake such measures based on its reasonable view and judgment in such matters, without prejudice to other rights of Vogo against the Member (including those enumerated in Clause 4.4 above). The costs and expenses involved in the losses/ damage suffered by Vogo on account of immobilizing the vehicle as well as towing/ restoring the vehicle as well as any related costs and expenses shall be solely to the account of the Member, and the Member shall be required to fully indemnify Vogo on this account.4.6 Vogo expressly asserts that its Services are not solicited nor intend to be solicited to people under the age of 16.Reserving Vogo Vehicles5.1 Reservation is required for all potential booking. Member must always reserve a vehicle in advance of use and will be billed for usage fees at the time of reservation as provided in the Platform. Member is required to fulfil the below mentioned conditions at the time of taking the possession of the Vehicle for scheduled ride/trip:Member must carry his/her original driving licence, which is being shared with Vogo at the time of opening of account/booking of the ride with Vogo. Member must show the same to the representative of Vogo available at location, where the possession of the Vehicle is supposed to be taken by the Member;Member must carry and support Vogo in capturing the image of any one out of followingdocuments in original, as an additional document to be placed on records of Vogo to justify his/her identity:EPIC (Electoral Photo Identity Card), commonly known as Voter ID; orValid Passport; orAadhaar card from Unique Identification Authority of India; orGovernment Department (Including Public Sector Undertakings) Identity card; orIdentity Card of Tier 1/2 universities, colleges, educational institutions, which contains both photo and address.Member must cooperate with the representative of Vogo in taking a photo of the vehicle along with Member, which is meant for safety of the Member and for record purposes of Vogo; andMember shall be held solely responsible, if any of the above conditions are not being completed successfully at the time when possession of the vehicle was supposed to be taken by the Member and Vogo reserves the right not to handover the possession of the vehicle. Consequently, the booking will stand completed without any further onus of Vogo to refund or return the booking amount.5.2 If you wish to cancel a reservation or shorten the period for which a vehicle has been reserved, you must do so in advance, in pursuance of the Fee Policy.5.3 If you wish to extend a reservation, you may do so only if following conditions are fulfilled:the online payment for the extension has been made and successfully received by Vogo;the vehicle is available for use for the extension period (for example, it is not reserved by another Member); andthe request to extend is completed prior to the scheduled expiration time of your existing reservation.In case, any of the above conditions are missing after the expiry of the booking (initial or immediate prior) then you will be deemed to possess the vehicle without authorisation and must hand over the vehicle to Vogo’s parking or its representative without fail/ delay. A delay beyond one hour from the expected handover time of vehicle or after the expiry of booking as the case may be, will render you guilty of breach of trust and your involvement in theft of such vehicle shall be presumed without any doubt.5.4 In the event your reservation is not extended successfully (even if you have put in a request for extending the reservation but which has not been confirmed or has been denied by Vogo for any reason) and you do not return the vehicle to the correct and designated Vogo space by the end time of your reservation, Vogo reserves the right to initiate the civil and/ or criminal proceedings against you and simultaneously will make all reasonable efforts to take possession of the vehicle from you immediately or any time thereafter, and at any location.5.5 For avoidance of any doubt:You will be charged late fee, inconvenience fee and any other charges applicable as per our Fee Policy from the scheduled end time of your booking till the time the vehicle is actually recovered by Vogo;You will be charged any additional costs viz; legal attorney fees, consultants fees, travel costs, etc. incurred by Vogo in taking possession of the vehicle from you; andYou will not be provided any compensation or alternate means of transportation in such case and will not have the right to ride in Vogo vehicle any more. You shall hold Vogo, its officers, employees, agents and affiliates harmless against any claim in connection with the vehicle and/or its re-possession and shall irrevocably and unconditionally indemnify Vogo against any cost, loss or liability suffered by Vogo arising out of or in connection with any claim made by a third party against Vogo in relation to the vehicle and/or its re-possession.Vehicle Pick-Up and Return/Vehicle Condition/Stolen Vehicles6.1 You must pick up the selected vehicle at its designated Vogo parking space and return it secured, clean, and in good working order, to the correct and designated Vogo space by no later than the end time of your reservation.6.2 Prior to taking possession of a vehicle, you must do an exterior walk-around and an interior look-over. Before riding the vehicle, you must advise Vogo of any damage or abnormality encountered on the vehicle or in the operation of the vehicle. If Vogo is not notified of a problem at the start of a reservation, you will be deemed to be responsible for any problem with the vehicle discovered or reported after your reservation, including, without limitation, damage to the vehicle or lack of cleanliness. You may be charged a damage fee, a cleaning fee, or other applicable fees, and Vogo may suspend,or may even terminate your membership in lieu of such damages.6.3 You must leave all the original documents including but not limited to registration certificate, insurance policy, tax payment challans, self-drive licenses, pollution clearance certificates, vehicle’s key, key fob, or other starting device to the vehicle in its designated position in the vehicle at the conclusion of your reservation. You must advise Vogo immediately if you fail to leave the original documents mentioned hereinabove, key/ fob/ starting device, parking pass, or toll payment pass (if applicable in the vehicle.) and this causes inconvenience to Vogo or another Member, you will be charged the hourly rate for the vehicle until the, original documents, key/key fob/starting device/parking pass/toll payment pass is returned safely to Vogo and you will remain responsible for the payment of charges against the usage of the vehicle during such period. You may also be charged a fee at Vogo’s sole discretion to replace any of the items missing from the vehicle.6.4 The end of the trip is being confirmed by either: (a) specific completion of closing checklist at the end of trip; or (b) an SMS message to Vogo provided number to notify of such intent; or (c) by unwarranted breakdown/accident of the vehicle.6.5 Reserving Member is responsible for all charges and costs incurred related to Vogo vehicle for the entire period of the reservation and until the vehicle is returned, secured, closed, locked and serviceable (all accessories off, key out of ignition and in proper place, toll payment pass and parking pass and other accessories in the vehicle) to its designated location. Vogo vehicles must be returned no later than the end time of the reservation and the Member scheduled trip/ride comes to an end automatically and will be governed as per the provisions of Clause 6.3 above if extension is sought.6.6 Member is required to report to Vogo immediately any condition that impairs the driving functionality of the vehicle, such as poor driving feel or external or internal damage that renders the vehicle unsafe, including but not limited to, missing or inoperable signal or driving lighting, broken or missing rear-view mirrors.6.7 Notwithstanding anything contrary contained under this Member Agreement, any damage caused to vehicle/Vogo because of your wilful misconduct or gross negligence, during such time when the vehicle is not in motion, will attract charges/ fees as per the sole discretion of Vogo, in addition to the right of Vogo to claim full indemnity of all damages, claims, costs and expenses from the Member.6.8 Stolen vehicles or any accidental incidents must be immediately reported to Vogo and the nearest police station with a detailed written complaint based on actual facts. Member shall ensure that such complaint shall not contain any discrepancy, inconsistencies or distortions from actual facts as the same would be detrimental to a valid insurance or other claim by Vogo. The Member will be solely liable without any demur, for any loss due to a discrepant, inconsistent or distorted complaint or information by the Member. Further, the Member expressly agrees and accepts that Vogo shall not in any manner be held liable for any such stolen vehicles or accidental incidents.6.9 In the event that Vogo is unable to claim insurance for any reason, then the Member shall indemnify Vogo to the fullest extent in lieu of the loss or/and damage resulting directly or indirectly from such theft or accident.6.10 You acknowledge and agree that riding a Vogo vehicle involves an inherent risk of personal injury and you undertake and assume this risk in entirety for yourself, any person riding with you as a pillion (whether or not such pillion is a Member) and any participant Member who may be riding the Vogo vehicle reserved by you in accordance with Section 3 of this Member Agreement.6.11 You hereby agree hereby to release and discharge Vogo in perpetuity from and of any and all claims, demands, rights and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries (including without limitation to fatal injuries) and the consequences thereof, whether or not caused or contributed to in whole or in part by a defect in the vehicle or in any way connected with the vehicle.6.12 Vogo expressly asserts that the liability of Vogo towards third-party claims arising out of, related with or incidental to this Agreement, shall be limited and subject to Section 13 of this Agreement.6.13 Members expressly agrees and accepts that Vogo, shall not be held liable for any direct and indirect losses or/and damages which may arise from, be related with or incidental to the following without limitation:breach of the terms and conditions of the Member Agreement by the Member;breach of any applicable laws by the Member;the Member undertaking any activity specifically prohibited under Section 4 of the Member Agreement;theft of the vehicle;accidents caused by the Member; andunauthorized use of the vehicle by the Member or use for any prohibited or restricted activities by the Member.Safety7.1 Seat Belts and Child Restraints: Member is responsible for:Complying with all applicable speed limit and child restraint laws. It is being made crystal clear that Members must abide with the maximum speed/ weight limit and any other instructions being displayed/ communicated by the authorities through marks or sign boards in various locations of the trip;Protecting all children by properly using any child passenger restraint system that complies with all safety standards applicable in the jurisdiction where the trip is initiated and where Vogo vehicle is driven during such trip.In case of the vehicle being a scooter or motorbike, we provide 2 (two) half helmets for your convenience but we strongly recommend that you carry your own full helmets.7.2 Vogo tracks usage of the vehicle by the customer via Global Positioning System devices and also equips the vehicles with immobilizer systems which can be activated remotely. You agree and accept that such tracking and systems are only a necessary and reasonable measure undertaken by Vogo in pursuance of the safety of its Members and its vehicles, and does not constitute an infringement on any of your rights including without limitation your right to privacy, data protection, movement, etc.Securing Vogo Vehicles8.1 Each time Member parks a Vogo vehicle (either at the end of the reservation or during the reservation period), the Member is responsible for securing the vehicle from external factors including human or general known adverse weather conditions.8.2 Vogo prescribes all its Members to take full responsibility of their belongings. In case any Member claims to have left back any luggage or any phones or personal music devices inadvertently in a Vogo vehicle after the Member completes his/her reservation, then Vogo shall endeavour to locate the lost belongings on a “best-effort” basis provided the Member notifies Vogo of the same within 90 (ninety) minutes of the successful return of such vehicle post completion/termination of the reservation, but Vogo shall not be held responsible for any loss or damage incurred by the Member in any such circumstances.Fees And Eligible (Reimbursable) Expenses9.1 The Services are subject to Vogo’s Fees Policy available on the Platform. It entails the scenarios which covers all the fees including but not limited to rentals, excess kilometre riding charges, late fees, late charges, extensions fees, penalties or fines, if any etc.9.2 An “Eligible Expense” is defined as;an expense incurred by the Member for minor (under INR 1000 i.e. Indian Rupees One Thousand Only) routine maintenance on Vogo vehicles, such as tyre puncture in case of a bike, etc. orany expense in excess of INR 1000 (Indian Rupees One Thousand Only) that is authorized in advance of reservation by a Vogo representative, via email.9.3 If a Member pays for an eligible expense, he or she must keep the invoice which is subject to fuel test more particularly mentioned in the Fee Policy, which conspicuously captures the date and time showing that it was incurred during the reservation period.9.4 The Member must print his or her name on the receipt and give a physical original hard copy of the receipt to a Vogo vehicle attendant after his/her reservation.9.5 Vogo will reimburse the Member or credit the Member’s account, post the verification of claim and corresponding invoices. No reimbursement or credit will be given without an invoice, or if the invoice is submitted later than 3 (three) days from the reservation date.