Delay, Don’t Deny Social Network, Inc. Community Website Terms of Use

The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.

These Terms of Service are permanently available upon request.

Please review these Terms of Service carefully prior to using the Service.  If you do not agree with these Terms of Use, please do not use the Service. 

 

1. Legal notice

 

The Service is provided by Delay, Don’t Deny Social Network, Inc. :

Delay, Don’t Deny Social Network, Inc., Registered office: P.O. Box 14255, Augusta, GA 30919

Registered in the United States of America.

Certificate of Incorporation, State of Georgia

Hosting: Hivebrite

Google Cloud Platform

Company located at Gordon House, 4 Barrow St, Dublin, Ireland

Registered in the Dublin Trade and Companies Register under the number: 752925594

Phone number: +353 1 436 1000

 

2. Definitions

 

User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.

 

3. Term

 

The Terms of Service will come into effect on first access to the Service for the entire duration of use.

 

 

4. Description of the Service

 

The Service enables Users to connect with each other, build communities, or also do networking.

The Service comprises a suite of online services provided by Delay, Don’t Deny Social Network, Inc. allowing the User to:

• Connect with people of Delay, Don’t Deny Social Network, Inc. groups, the User is interested in:
  • Live feed: allows Users to have access to a newsfeed aggregating contents posted via the application. They can comment on the posts.
  • Recommend: allows Users to suggest someone to be invited by the admin.
  • Geolocation: allows Users to be located via their device in order to know who is near them.
  • Mentoring: allows Users to declare themselves mentors in specific domains so they can be contacted by users wishing to be mentored.
• Communicate with others by sharing content such as status, photos, videos, sending private messages, as well as creating events, groups, or projects.
  • Directory: provide with the contact details of other Users.
  • Private messages: allow Users to discuss by private messages.
  • Projects: allows Users to create a project.
  • Groups: Users can be part of  groups with all the features of the application.
  • Event organization: allows Users to create events.
• Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users.
• Participate in fundraising events organized by Delay, Don’t Deny Social Network, Inc.
• Stay up to date with news about Delay, Don’t Deny Social Network, Inc. and activities in the Community Website:
  • Email campaign: the User can receive emails campaigns from Delay, Don’t Deny Social Network, Inc.
  • Notification: Users that have agreed can receive notifications sent by Delay, Don’t Deny Social Network, Inc.
  • Media center: Users can upload files that are stored in the Community Website.

These Terms of Service govern the use of each component of the Service. 

 

5. Access to the Service

Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.  

 

6. Cost of the Service

The Service is available for a variety of subscription/membership levels.  All membership costs are clearly stated upon sign up.  Once members choose a term of service and make payment, no refunds will be issued for any reason. 

 

7. Intellectual property

 

 

The Service and the Service Content belong and shall remain the property of Delay, Don’t Deny Social Network, Inc. or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

 

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

 

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of Delay, Don’t Deny Social Network, Inc. Any use of these Service Content not expressly authorized by Delay, Don’t Deny Social Network, Inc. shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

 

Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of Delay, Don’t Deny Social Network, Inc. or any of its graphics, etc. for any purpose except with Delay, Don’t Deny Social Network, Inc. prior written approval and in accordance with any restrictions required by Delay, Don’t Deny Social Network, Inc. These are the property of Delay, Don’t Deny Social Network, Inc. or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.

 

Delay, Don’t Deny Social Network, Inc. is the producer of databases on the Community Website and <customer name> is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.

 

 

Delay, Don’t Deny Social Network, Inc. grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls and as permitted by the App Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Delay, Don’t Deny Social Network, Inc.

In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:

 

 

 

 

8. User’s undertakings

 

The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. Delay, Don’t Deny Social Network, Inc.  does not claim ownership of the User Content.   

 

By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.

 

User warrants to be at least 18 of age and is fully competent to use the Service and to enter into and comply with these Terms of Use.

 

Persons aged 18 years old or less are not authorized to access the Service.

 

9. 2.             User’s rules of conduct

 

 

Generally, the User is committed to use the Services in accordance with Delay, Don’t Deny Social Network, Inc. common principles made available to the User on the “about us” section of the website.

User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”)via the Service.

 

User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

 

User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service. 

 

User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited.  Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by <customer name> (or any individual officer or employee of <customer name>); (3) use that can be confused with official communications of <customer name>  or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

 

10. Reporting and moderation

 

In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as offensive” feature found under each post.

 

Delay, Don’t Deny Social Network, Inc. has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. Delay, Don’t Deny Social Network, Inc. has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.

 

The knowledge of such content is deemed effective when the hosting provider is notified of following:

• The notification date;
• The notifying User identity;
• The description of the facts in contention (possibly with screen shots of the content);
• As well as the reasons for which the content must be removed.

 

If a User Content is reported, Delay, Don’t Deny Social Network, Inc. reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.

 

 

 

11. Termination, suspension, or revocation of access

1. 1. Deletion of the User Account by the User

 

At any time, the User may delete its User Account without notice through the Community Website or by contacting Delay, Don’t Deny Social Network, Inc. at the address or email address mentioned in Article 15.

Delay, Don’t Deny Social Network, Inc. retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by Delay, Don’t Deny Social Network, Inc. of such a decision by email. The User has the possibility send an email to Delay, Don’t Deny Social Network, Inc. to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use is not remedied within one (1) month from suspension notification, Delay, Don’t Deny Social Network, Inc. reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available. 

 

1. 3. Deletion of inactive User Account

 

Delay, Don’t Deny Social Network, Inc. will delete inactive accounts after a continuous period of 6 months if the User has not used the Community Website. The user will not be notified of this deletion. 

 

12. Privacy; Confidentiality

 

 

Delay, Don’t Deny Social Network, Inc. will treat User Content as confidential information in accordance in accordance with these Terms of Use and the Privacy Policies.  

 

 

13. Limitation of Warranty and Liability; Indemnification. 

 

Delay, Don’t Deny Social Network, Inc. is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.

 

Delay, Don’t Deny Social Network, Inc. shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.

 

Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.

The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances Delay, Don’t Deny Social Network, Inc. accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.

 

The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and Delay, Don’t Deny Social Network, Inc. Delay, Don’t Deny Social Network, Inc. will have no responsibility or liability in connection with the User Content.

 

Delay, Don’t Deny Social Network, Inc. expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services.

 

14. Hypertext links

 

The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. Delay, Don’t Deny Social Network, Inc. does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.

 

If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.

 

 

15. Contact

 

For any questions regarding the Terms of Use, especially use of the Service or any claim, please email us at gin@intermittentfastingstories.com.

 

The User can use these contact details for any technical support request.

 

16. Miscellaneous 

 

Governing Law and jurisdiction.  These Terms of Use, will be governed by the laws of the state of Georgia, USA, without regard to its conflicts of laws principles. 

The User is informed, as consumer, of the possibility to use a conventional mediation procedure or any other alternative dispute resolution method.

The User can submit a dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.

 

Change of Terms of Use.  These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.

 

Change of the Service. Delay, Don’t Deny Social Network, Inc. may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.

 

Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.  These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and Delay, Don’t Deny Social Network, Inc. with respect to the subject matter hereof.  

 

Convention of proof. Electronic documents exchanged by electronic means between the User and the Delay, Don’t Deny Social Network, Inc. shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.

 

Force majeure. In no case Delay, Don’t Deny Social Network, Inc. may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.

 

17. Disclaimer

You are voluntarily choosing to participate in The Delay, Don’t Deny Social Network, Inc.

The Services We provide at The Delay, Don’t Deny Social Network, Inc. are for informational purposes only and do not replace or constitute a substitute for professional or medical advice, consultation, evaluation, diagnosis, or treatment with a qualified medical professional (“Medical Advice”). Nothing contained in Our Website shall be interpreted as a substitute for Medical Advice; We are not a medical organization and Our staff cannot give You Medical Advice or diagnosis. The Delay, Don’t Deny Social Network, Inc. does not endorse any specific tests, physicians, products, procedures, diets, lifestyle changes, opinions, or other information that may be referred to by the community members or staff.

You should inform and consult with Your physician or healthcare provider before making any changes to Your lifestyle or beginning any programs and obtain periodic medical checkups with Your physician. Medical monitoring is especially important for people with a known medical condition. This Website and the Services are intended for use only by adults over the age of majority in their state, province, country, or territory of residence. You acknowledge that Your use of the Services is solely at Your own risk. For questions or concerns about Your health or any medical conditions You may have, please contact Your physician or healthcare provider.

The Delay, Don’t Deny Social Network, Inc. is a social network for intermittent fasters, and not a destination to give or receive medical advice. You acknowledge and agree that The Delay, Don’t Deny Social Network, Inc. members and/or staff cannot provide Medical Advice, interpret medical results, or issue or change prescriptions, and that the members and/or staff are not acting as physicians, nurses, pharmacists, dieticians, nutritionists, or any other regulated health professionals (collectively, “HCPs”). You shall not treat any interaction within the The Delay, Don’t Deny Social Network, Inc. community as an interaction with an HCP or any information obtained through The Delay, Don’t Deny Social Network, Inc. or the Services as Medical Advice. You are fully and solely responsible for any changes that You make to Your lifestyle.

The Services, including any User Content (as defined below) and testimonials found within the Services, are provided “as-is”, “where-is”, “with all faults” and “as available”, in each case, without any representations, warranties, conditions, or guarantees of any kind. We, on behalf of Ourselves and any affiliates and The Delay, Don’t Deny Social Network, Inc. community members and staff hereby disclaim all representations, warranties, conditions, and guarantees with respect to the Services (including any User Content and testimonials), whether express, implied, statutory, or arising from course of dealing or usage of trade, including with respect to merchantability, merchantable quality, quality or fitness for a particular purpose, non-infringement, availability, accuracy, completeness, usefulness, or reliability. We provide no warranty that the Services will meet Your requirements or that their operation, provision, or availability will be uninterrupted or free of errors, viruses/malware, or other harmful conditions or components. We provide no warranty that any defect in the Services will be corrected. You acknowledge that by agreeing to the Terms and using the Services, You have not relied on any representations, warranties, conditions, or guarantees made by Us.

18. Limitation of Liability

Under no circumstances will We, any affiliated companies, or any The Delay, Don’t Deny Social Network, Inc. members or staff be liable to You or any third parties for any direct or indirect losses or damages arising out of or in connection with any use of or inability to use the Services, including a third party’s or Your reliance on the Services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (including but not limited to, direct, indirect, incidental, consequential, special, punitive, and exemplary damages, loss of revenue, loss of income, loss of profit, loss of data, bodily harm, and loss of opportunity), whether in contract, strict liability, extra contractual fault, negligence, or other tortious action, even if We have been advised of, or should have known of, or have express knowledge of the possibility of such damages. If You are dissatisfied with the Services, or with these Terms, Your sole and exclusive remedy is to discontinue using the Services immediately. You acknowledge by Your use of the Services that Your use of the Services is at Your sole risk. We have no responsibility and will in no way be held responsible for the health, bodily integrity, medical wellbeing, or healthcare of You or any third party. Applicable Law (as defined below) may not allow the limitation of liability set forth above, so this limitation of liability may not apply to You. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of The Delay, Don’t Deny Social Network, Inc., any affiliated companies, or any of Our members or staff under such circumstances for liabilities that would have been limited will not exceed $50 US.

 

This explains our End User License Agreement.  (EULA)

Delay, Don’t Deny Social Network App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Delay, Don’t Deny Social Network and governs use of this app made available through the Apple App Store. By installing the Delay, Don’t Deny Social Network App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Delay, Don’t Deny Social Network App.

In order to ensure Delay, Don’t Deny Social Network provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.

1. Parties

This Agreement is between you and Delay, Don’t Deny Social Network only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you Delay, Don’t Deny Social Network, not Apple, is solely responsible for the Delay, Don’t Deny Social Network App and its content.

2. Privacy

Delay, Don’t Deny Social Network may collect and use information about your usage of the Delay, Don’t Deny Social Network App, including certain types of information from and about your device. Delay, Don’t Deny Social Network may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Delay, Don’t Deny Social Network App.

3. Limited License

Delay, Don’t Deny Social Network grants you a limited, non-exclusive, non-transferable, revocable license to use Delay, Don’t Deny Social Network App for your personal, non-commercial purposes. You may only use the Delay, Don’t Deny Social Network App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using the Delay, Don’t Deny Social Network App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Delay, Don’t Deny Social Network App does not violate any applicable law or regulation. Your access to the Delay, Don’t Deny Social Network App may be terminated without warning if Delay, Don’t Deny Social Network believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Delay, Don’t Deny Social Network App, you agree to be bound by this Agreement in respect to your child’s use of the Delay, Don’t Deny Social Network App.

5. Objectionable Content Policy

Content may not be submitted to Delay, Don’t Deny Social Network, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

Delay, Don’t Deny Social Network disclaims all warranties about the Delay, Don’t Deny Social Network App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Delay, Don’t Deny Social Network, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Delay, Don’t Deny Social Network does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Delay, Don’t Deny Social Network, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Delay, Don’t Deny Social Network, not Apple, is responsible for addressing any claims by you relating to the Delay, Don’t Deny Social Network App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Delay, Don’t Deny Social Network App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Delay, Don’t Deny Social Network shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Delay, Don’t Deny Social Network App. To the extent Delay, Don’t Deny Social Network is required to provide indemnification by applicable law, Delay, Don’t Deny Social Network, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Delay, Don’t Deny Social Network App or your use of it infringes any third party intellectual property right.