Welcome to HER! HER provides a platform for dating, making friends, reading content, finding out about local events, or just chatting with the biggest community for queer people worldwide.
IMPORTANT — THIS AGREEMENT (“AGREEMENT” or “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” or “YOUR”) AND BLOOMER INC. HEREINAFTER “HER,” “WE”, “US” OR “OUR”) THAT sets forth the legal terms and conditions for your access to and use of https://weareher.com and any other website owned and operated by HER (the “Website(s)” OR “site(s)”) and ANY HER software, INCLUDING ANY HER mobile applications (the “APP(s)”) or other services offered by HER from time to time and other PRODUCTS OR services offered BY third parties USING HER functionality (collectively, the website(s), App(s) and services are referred to as “Service(s)”).
PLEASE BE AWARE THAT SECTION 14 OF THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND HER HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST HER TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST HER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 14 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting these Terms. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you.
BY USING ANY SERVICES FROM HER, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Some of our services may have additional rules, policies and procedures (collectively, “ADDITIONAL TERMS”). Where Additional Terms apply, we will make them available for you to read through in connection with your use of that service. By using that service, you agree to the Additional Terms. You confirm that you can enter the Agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these terms.
Which provisions of the terms should you pay particular attention to? The key terms that you should consider in particular detail are Sections: Changes to the Site and these Terms; 9. Disclaimer; Limitation of Liability and Indemnification; 12. Termination and 14; Arbitration Agreement.
What to do if you don’t want to accept these terms? If you do not agree with all of the provisions of these terms, do not access and/or use the Services.
Who we are. HER Inc. is a Delaware corporation located in California, USA. You can contact us by writing to us at 1760 Mission Street, San Francisco, California, 94103.
How we may contact you. If we have to contact you we may do so by text or email to the number and/or address you provided when you registered for an Account.
Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving communications from HER by email.
Notice of Changes. We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by HER at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s)
Material Changes. In the event of a more significant change to the Services and/or this Agreement, meaning that the changes materially impact your rights under this Agreement or your use of the Services, we may also require you to provide consent to the updated agreement before further use of the Services is permitted. By continuing to use any Services after the new effective date, you agree to be bound by such changes. If the modified terms are not acceptable to you, except as otherwise required by law, your only recourse is to cease using the Services.
Service Description and Participation. HER provides an online platform that connects our users with other that are interested in connection for dating purposes, friendship, making connections and other similar purposes (such users collectively referred to herein as “Customer” or “User”). As a User of the Services, you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete. You hereby grant HER the right to use and distribute the information that you have provided to HER for the purpose for which it was provided. YOU UNDERSTAND AND AGREE THAT THE HER HAS NO CONTROL OVER THE CONDUCT OF USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE HER FROM ALL LIABILITY ARISING OUT OF OR RELATED TO ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS THROUGH YOUR USE OF THE SERVICES OR ANY ACT OR OMISSION OF OTHER USERS.
Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required register to create an account (“Account”). In connection with setting up your Account with HER, we may supply you with a User identification and/or password. In connection with any future use, you may be asked to input your User identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and User identification. You can delete your Account at any time, for any reason, by following the instructions on the Site.
Eligibility & Age Restrictions. Persons under 18 are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of eighteen (18), you may not use the Services under any circumstances. Further, you agree and represent and warrant that you will not show pictures of anyone under the age of 18 or talk about or share information regarding other people (whether or not they are Users of the Services) on or through the Services.
You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to HER.
Subject at all times to this Agreement, if you elect to download the App, the following also applies: HER grants you a license to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use on the basis that the license is: a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove Your Materials (as defined in Section 8) at our discretion at any time. Furthermore, with respect to any App accessed through or downloaded from an App Store such as Google Play or the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the App from a third-party App Store is also subject to the provisions of Section 106.
If you choose to purchase HER Premium, payment will be charged to your iTunes or Google Play account (as applicable). All subscription prices are in USD and are listed in full above. Prices may vary in other countries than the U.S. and except where prohibited by law, are subject to change without notice.
Where to find the price. We may charge fees in connection with your use of the Services. If you are using the paid-for version of the Services, the price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see Section 7.4 for what happens if we discover an error in the price of your order.
When you must pay and how you must pay. Your Account will be charged for renewal within 24 hours prior to the end of the current subscription period (regardless of the length of the subscription period). Auto-renewal may be turned off at any time by going to the iTunes Store or Google Play Store (as applicable) after purchase and must be turned off at least 24 hours before the end of the current subscription period to take effect. We may change the fees we charge or may choose to temporarily change the fees for our Services and such changes are effective when we post the change on the Service. You agree to pay all charges incurred by you or any Users of your Account and payment card (or other applicable payment mechanism) at the amounts in effect when such charges are incurred. Customers must provide HER with a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or use Apple Pay or any other payment or financial mechanism specified by HER (“Payment Provider”). The Customer’s Payment Provider agreement governs its use of the designated credit or debit card or other mechanism, and the Customer should refer to that agreement and not this Agreement to determine its rights and liabilities. By providing HER with your payment and/or financial information, you agree that HER and any of its third party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You agree to immediately notify HER of any change in your payment and financial information. HER reserves the right at any time to change its prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive.
The parties agree that all proprietary rights in the Services are and will remain the property of HER. This includes non-personally identifiable aggregate data collected by HER in connection with providing the Services, as well as usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to HER by you.
(c) You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. HER reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under HER’s and/or any third party’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, HER may revoke any of the foregoing rights and/or your access to the Services, including the App, or any part thereof, at any time without prior notice.
HER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY THERAPISTS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE THERAPIST OR CUSTOMER (AS APPLICABLE) AND NOT HER. THE SERVICES ARE PROVIDED ON A STRICTLY “AS IS” BASIS, WITH ALL FAULTS. YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) ARISING FROM: (i) YOUR USE OF AND/OR ACCESS TO THE SERVICES AND/OR ANY CONTENT ACCESSED OR PROVIDED THROUGH THE SERVICES; (ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICES; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; (iv) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY; AND/OR (v) YOUR VIOLATION OF ANY LAW OR REGULATION. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL HER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR THE FAILURE TO OBTAIN AND MAINTAIN ANY LICENSES IN OR TO SUCH CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT SOURCED FROM A THIRD PARTY; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT HER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
Location of the Services. The Services are controlled by HER from its facilities in the United States of America. HER makes no representations or warranties that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all applicable local laws and regulations.
Third-Party Links & Ads. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. HER does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms.
App Store. When you download our Apps, you may do so through a third party’s App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 7):
Please read this Arbitration Agreement carefully. It is part of your contract with Bloomer, Inc. (doing business as HER) and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.