TERMS OF SERVICE

Welcome to Terms of Service of Use of No Names. Please ensure that you have read these terms before you use the application/web-based services. Once you commence use of the application/web-based services, you are going to be legally bound by these Terms.

By creating an account on No Names or by using our services whether through the mobile application, a mobile device or computer, you agree to be bound by the Terms of Service, Privacy Policy and Safety Tips of No Names. You also agree to be bound by any terms disclosed and approved by you if you purchase additional features, products or services offered by us.

If you do not accept the Terms of Service mentioned and do not agree to be bound by the same, it is recommended not to use the services of No Names.

Overview

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and OPTECH Ltd and its affiliated companies (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of the No Names app and website (collectively, the "Service").

Acceptance of Terms of Use

No Names (the "App") is operated by OPTECH Ltd. The Terms of Use set forth below are binding on all users of this App. By downloading the App and making an account, you accept these Terms of Use. No Names may change the Terms of Use or may modify or discontinue the App or services offered thereon, at any time at its sole discretion. In case No Names determines any user has violated any part or aspect of Terms of Service, the company reserves the right, at its sole discretion, to deny such user further or continuing access to the App. If at any stage there is a breach of these Terms, No Names further reserves the right, at its sole discretion, to seek and obtain any other remedies available to it under any applicable laws and regulations.

Eligibility

All users must be at least 18 years of age and legally able to enter into a contract.

User Registration

The registration and creation of an account on the App can be done through your mobile number. No Names respects your privacy and it does not access any social media accounts of the user for personal information. Only the latest photos of yours uploaded on social media accounts will be accessible by us for the creation of the account, provided you choose to link a social media account for pictures.

Membership

You may create an account and register as a member at no cost. As a user, you may be able to use some, but not all of the features and services available within the Service. Additionally, from time to time, No Names may offer products and services for purchase ('in-app purchases'). If you choose to make an in-app purchase, it will have to be confirmed with the applicable payment provider, and your method of payment will be charged at the prices displayed to you for the selected service(s). Various plans for the aforementioned services chargeable on a piecemeal/monthly/yearly basis will be made available to every member, and the member may choose a suitable plan as per his/her requirements at any time. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. Please note that cancelling a subscription will not be followed by a refund of the already paid amount, and you will be able to use the subscribed product for the number of days remaining in the subscription (if any).

User Content

There are many opportunities for you to interact and provide content to the App and to interact with other users (User Content). You understand and agree that your User Content may be viewed by other users on the App, and that they may be able to see who has posted the same.

User Content must comply with all applicable laws and regulations. In particular, but without limitation, your User Content must not (a) be inaccurate, incorrect or misleading; (b) promote racism, hatred or physical or mental harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.

We are not responsible and accept no liability for any User Content including any User Content containing incomplete or incorrect information, or is defamatory about another user. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content at any time without notice. We do not necessarily endorse any opinion or statement contained in any User Content.

Safety and meeting other users

No Names makes no representations or warranties as to the conduct of the users, and shall not be responsible for the conduct of any user on or off of the platform. It shall be the sole responsibility of the user to use caution during interactions with other users in person.

User understands and agrees that No Names does not inquire into background of the users and also does not conduct criminal background checks on its users. User, however, agrees that No Names may conduct any screening or criminal background check such as sex offender register searches at any time with the help of public records.

If at any time No Names learns about any user being a sex offender, or about the criminal background of any user, No Names we will promptly take steps to terminate the user's account. If we delete a profile because of the aforesaid reason, we may also retain the email and IP address to ensure that such user does not create another profile.

Further, users are made aware that background checks also do not guarantee overall security and users are requested to be vigilant, use their best judgment and precautions in this regard. If a user learns that an offender or person with criminal background has an account with us, such user is requested to report the same to us by email at contact.

You agree that you will not provide your financial information (credit card or bank account information), or wire or otherwise send money to any other user.

No Names does not guarantee the security of user's personal data while it is being transmitted to our site and any transmission is at user's own risk.

Prohibited Activities

  • Use the App or any content contained in the Service for any commercial purposes without our written consent.
  • Use the Service to impersonate any person or entity or post any images of another person without his or her permission.
  • Use the Service to stalk, defame, mistreat, intimidate, assault, or harass, any person.
  • Use the Service to post/upload/share or send any content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • Use the Service to publicly display content that is defamatory, threatening, sexually explicit or pornographic; incites violence; criminal activity or contains nudity or graphic or gratuitous violence.
  • Use the Service to post any content that promotes illegal activities, racism or hatred.
  • Create another account if we have already terminated your account, unless you have our permission.
  • Use the Service to solicit passwords and other user's personal information.
  • Use the Service to damage or defame No Names, its parent company and its sister concerns.
  • Use the Service to misrepresent, to any connected user, your willingness to meet and connect and thereafter not being present for the meeting fixed as per the agreement of the users.

No Names reserves the right to investigate and thereafter terminate your account without a refund of any purchases if you violate this Agreement, misuse the Service or behave in a way that No Names regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Calls and Messages

By creating a No Names Account and thereby providing your phone number(s), you confirm that the number(s) belongs to you and you expressly consent to receive non-marketing and marketing text messages from No Names. You may opt out to receive these calls/texts at any time. In the application, your phone number will only be visible to you.

Mobile Application License

By accessing the No Names mobile application, the Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the Terms of Service of this license. You shall use the application strictly in accordance with the terms of this license and shall not make an attempt to deduce the source code, make any modifications or enhancements to the application, violate any laws while accessing the application, use the app for commercial purposes or make the application available over a network/ use multiple devices/ use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; use the application to send automated queries to any website or to send any unsolicited commercial e-mail.

Third Party Content and Services

The No Names app and website may contain advertisements and promotions offered by third parties and links to other web sites or resources and as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. The company does not investigate third-party content, and therefore, the company is not responsible for the availability (or lack of availability) of such external websites or resources. Any interaction you have with these third party websites, the company takes no responsibility whatsoever concerning such interactions.

Push Notifications

You may be delivered emails, text messages, push notifications, alerts related to the App, which may include products, offers, events, and other promotion. The App shall seek your permission to send push notifications/alerts. If at any time you wish to discontinue receiving push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

Making Claims of Copyright Infringement

In any form, you may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.. Without limiting the foregoing, in case you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide at contact with the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
  • Description and details of the copyrighted work that has been allegedly infringed.
  • Description of where the material that you claim is infringing is located on the app.
  • Your personal details such as full name, address, telephone number, and email address.
  • A written statement by you that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law and that the information you have provided in your notice is accurate and you are the bona fide copyright owner.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of British Virgin Islands without giving effect to principles of conflict of laws thereof, regardless of the place of making or performance. The Parties subject themselves to the exclusive jurisdiction of the courts at British Virgin Islands.

Indemnity

To the full extent permitted under the laws of British Virgin Islands, you agree to defend, indemnify and hold harmless No Names, it's officers, directors and employees from and against all liabilities, demands, claims, damages, complaints, losses, costs, and expenses, including attorney's fees, due to, or arising out of, or relating in any way to your access to the service or use of the services, your content, or your breach of this agreement.

Intellectual Property Rights

The software product is protected under the laws of British Virgin Islands.

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on this portal is the property of and is solely owned, controlled or licensed by No Names and are protected by copyright, trademark and other intellectual property law rights. All rights, titles and interests, and benefits attached to our content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use our content, without the right to sublicense, under the following conditions:

  1. You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  2. You shall not copy, remove, modify, transmit, make use of, or reproduce in any way Our Content;
  3. You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  4. You shall use Our Content for lawful purposes only.

We reserve all other rights.

Termination

This Agreement shall remain in full force and effect while you use the Service or are otherwise a user or member of the Service, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us.

The company, however reserves the right to terminate the account of any user if:

  1. You have breached any provision of these Terms;
  2. We cannot verify or authenticate any information you provide to us; and/or
  3. We determine that your conduct could damage our reputation. If we delete your account, you may not re-register under the same or even a different number and you acknowledge that the User Content may be deleted.

JURISDICTION

All matters related to the Services of the website and the web-based app NO NAMES including any dispute or claim which arises therefrom or related thereto (in each case, including non-contractual disputes or claims), ought to be governed by and construed in accordance with the laws of British Virgin Islands.

Any and all legal suits, actions, or proceedings arising out of, or in relation to, these Terms of Use or the Service shall be instituted solely in the courts of the British Virgin Islands.

Arbitration: At the Company's sole discretion, any dispute arising from the use of these Terms of Use or the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding shall be referred to Arbitration governed by the Arbitration Act, 2013 applicable in the British Virgin Islands.

DISCLAIMER

You agree that you are using the website, app and company services at your sole risk. To the maximum degree permitted by law, the company, its directors and its employees, disclaim all warranties, express or implied, in connection with the website, application and the company services and your use of the same, including and without limitation, any and all implied warranties of merchantability, fitness for a particular purpose and non-infringement. The company makes no warranties or representations about the exactness or completeness of the content displayed on the website or app or the content of any websites linked to this application or website and assumes no liability or responsibility for any (a) imprecision/errors in any published content and material, (b) any interference or termination of transmission to or from the app or company services, (c) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the app by any third party, and/or (d) any errors or oversight in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the app or website.

For any products or services presented or advertised by a third-party through hyperlink, banner or any other form on the website or the application, No Names (Optech Ltd.) does not warrant, endorse, guarantee, or assume any responsibility. The company will not, in any way, be a party to or be responsible for the process of monitoring any transaction between you and products or services presented by third-party providers.

Further, No Names (Optech Ltd.) will not be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or application or the Service, or any interactions between users of the website/ application, whether online or offline.

No Names (Optech Ltd.) shall not be responsible for the conduct of any user on or off of the platform. It shall be the sole responsibility of the user to use caution during interactions with other users in person. User understands and agrees that No Names does not inquire into the background of the users and also does not conduct criminal background checks on its users. User, however, agrees that No Names may conduct any screening or criminal background check at any time with the help of public records.

No Names does not allow users under the age of 18 years on the platform, and no personal information is collected from any user under the age of 18 years. The services offered by No Names are strictly for users above the age of 18 years.

You shall not post any content that violates or infringes the company's rights, including copyright, trademark or other intellectual property. You may not use any of the company's Intellectual Property without authorization from Optech Ltd. If granted authorization, you may use the registered trademarks only after including the appropriate ™ or ® symbol on uses where the marks appear prominently.