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Project Man Cave Inc.

Terms & Conditions

 

Effective Date: June 21, 2023

Last Updated: May 8, 2024 

 

Please read these Terms of Service ("Terms") carefully before using the Project Man Cave ("the App") provided by Project Man Cave Inc. ("we," "us," “Parties,” or "our"). By using the App, you agree to be bound by these Terms ("Agreement"), which govern your access to and use of the App. If you do not agree with these Terms, please refrain from using the App.

 

1. Acceptance of Terms

 

By using the App, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are using the App on behalf of an organization, you represent and warrant that you have the necessary authority to bind that organization to these Terms.

 

We may make changes to this Agreement at any time and the App at any time. This may occur for numerous reasons, including but not limited to reflect changes in or new features,requirement of the law, or updated practices in business. The most recent version of this Agreement will be posted on www.project-man-cave.com. Please check it regularly to find the most current version. The most current version of this Agreement is the version that applies. If the changes affect material changes to your obligations or rights, 30 days advanced notice will be provided by reasonable means (including via email or through the App) to notify you of the changes (unless Project Man Cave can not do so due to applicable law). Should you continue to use the App after the changes have been made effective, then you agree to the revised Agreement.

 

For California subscribers: You have the option to cancel your subscription and request a refund before midnight on the third business day after your subscription date. If you subscribed using your Apple ID, please note that refund requests are managed by Apple, not Project Man Cave Inc. To initiate a refund request, visit https://getsupport.apple.com. If your subscription was made through your Google Play Store account or directly through Project Man Cave Inc., please send an email to admin@project-man-cave.com.

2. Privacy

To learn more about how the Project Man Cave Inc. gathers, utilizes, and discloses your personal information, kindly refer to our Privacy Policy. By utilizing Project Man Cave Inc., you recognize and accept that we may employ this data in accordance with our Privacy Policy.

3. Limitation of Liability 

 

NEITHER WE NOR ANY OWNER SHALL BE HELD LIABLE FOR ANY DAMAGES, WHETHER INDIRECT, DIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL. THESE DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOSSES SUCH AS DATA, INCOME, PROFITS, GOODWILL, OR PROPERTY, AS WELL AS CLAIMS MADE BY THIRD PARTIES. SUCH DAMAGES MAY ARISE FROM YOUR ACCESS TO OR USE OF THE APP, SITE, Project Man Cave Inc. Content, OR ANY User-Generated Content, REGARDLESS OF THE CAUSE, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY, OR ANY OTHER BASIS.

 

THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL REMAIN IN EFFECT EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED WITH THE APP OR SITE IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE YOUR USE OF THE APP AND SITE.

 

BY UTILIZING THE APP OR SITE, YOU HEREBY WAIVE ANY AND ALL CLAIMS THAT MAY ARISE FROM YOUR USAGE. PLEASE BE AWARE THAT SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. AS A RESULT, THESE PROVISIONS MAY NOT BE APPLICABLE TO YOU. IN THE EVENT THAT ANY PART OF THIS LIMITATION ON LIABILITY IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, OUR TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

 

THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF OUR AGREEMENT AND REPRESENTS A FAIR ALLOCATION OF RISK. WITHOUT SUCH LIMITATIONS, THE PROVISION OF THE APP AND SITE WOULD NOT BE FEASIBLE. YOU AGREE THAT THESE LIMITATIONS, EXCLUSIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIVE REMEDIES SHALL REMAIN IN EFFECT EVEN IF THEY ARE FOUND TO HAVE FAILED IN THEIR PRIMARY PURPOSE. PLEASE NOTE THAT THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM FRAUD, FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

4. Varieties of Content

The App offers access to three types of content:

  • Content provided by the Project Man Cave Inc., including databases and software, referred to as "Project Man Cave Inc. Content."

  • Content that you upload and contribute, referred to as "Your Generated Content."

  • Content provided by members, known as "User-Generated Content."

 

However, it's important to note that there is specific content that we cannot permit on Project Man Cave Inc..

 

When using the App, you agree not to engage in the following prohibited activities:

 

  1. involves the transmission of “junk” mail, “spam”, solicit money from or defraud any members;

  2. Impersonating any person or entity or falsely representing your affiliation with any person, name or entity. 

  3. Harassing, stalking, intimidating or threatening other users of the App. 

  4. Sharing or publishing any content that is illegal, libelous, obscene, defamatory, or harmful to others. 

  5. Violating any applicable laws, regulations, or third-party rights. 

  6. Using the App for any commercial or unauthorized purposes. 

  7. is abusive, discriminatory, threatening, insulting or which encourages promotes sexism, hatred or bigotry, racism (including for example and without limitation, language that could be deemed discriminatory towards an individual’s national origin, gender expression, race, color, physical appearance, national origin, religion, ethnicity, sexual orientation, disability, or gender identity);

  8. Interfering with the operation of the App or attempting to gain unauthorized access to any portion of the App. 

  9. is violent, obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

  10. Interfering with the operation of the App or attempting to gain unauthorized access to any portion of the App.  This included any activity that may damage, disable, overburden, or impair the App or our servers. This includes, but is not limited to adware, viruses, spyware, corrupt files or other malicious code designed to damage any software or hardware of the App and/or steal any data or personal information, or otherwise.

  11. contains imagery or language which could be deemed offensive or is likely to alarm, embarrass, harass, annoy, or upset any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s religion, color, ethnicity, race, national origin, gender expression, disability, gender identity or physical appearance, or sexual orientation);

 

Project Man Cave Inc. enforces a strict policy of zero tolerance regarding this type of content.

Project Man Cave Inc. Content

 

All the remaining Content on Project Man Cave Inc., belongs to us. This encompasses all other content, text, user interfaces, graphics, logos, trademarks, sounds, artwork, and any other intellectual property found on Project Man Cave Inc. Additionally, our proprietary software and database(s) fall into this category. These assets are either owned, controlled, or licensed by us and are safeguarded by copyright, trademark, data, database rights, and other intellectual property laws. We maintain full rights, title, and interest in and to Project Man Cave Inc. Content at all times.

We do grant you a non-exclusive, limited, personal, non-transferable, and revocable license to access and use Project Man Cave Inc. Content under certain conditions:

  1. Your use of Project Man Cave Inc. Content must strictly adhere to lawful purposes.

  2. Creating derivative works from Project Man Cave Inc. Content or engaging in actions such as scraping, disabling, decompiling, analyzing, or any form of commercial exploitation of Project Man Cave Inc. Content, in whole or in part, is prohibited.

  3. You shall not incorporate our name into metatags, keywords, or hidden text.

  4. You shall use Project Man Cave Inc. Content only as permitted by the functionality of the App, refraining from using, selling, modifying, or distributing it in any other way.

 

We reserve all other rights pertaining to Project Man Cave Inc. Content.

 

Regarding the pre-screening of Content, since Project Man Cave Inc. is an online community, we generally aim to provide a hands-off experience. However, there may be occasions when intervention is necessary. Therefore, we reserve the right to review, pre-screen, refuse, and/or remove any User-Generated Content and Your Generated Content, including content exchanged between users in direct messages.

Your Generated Content

You acknowledge and agree to the following regarding Your Generated Content:

  1. Personal contact or banking information, whether yours or another person's (such as names, home addresses, phone numbers, email addresses, URLs, credit/debit card or banking details), may not be displayed on your individual profile page. If you choose to share such personal information with other users, whether through email or other means, you do so at your own risk. We advise you to exercise the same caution online as you would in any other situation when revealing personal details.

  2. Your Generated Content must adhere to our Guidelines, which can be found at [insert link], and may be updated periodically. Since Your Generated Content is unique, you bear full responsibility and liability for it. You will indemnify, defend, release, and hold us harmless from any claims arising from Your Generated Content. In simpler terms, you are responsible for what you post.

  3. We have the right to assign and sub-license the above license to our affiliates and successors without requiring further approval from you.

  4. As Project Man Cave Inc. is a public community, Your Generated Content will be instantly visible to users worldwide. Therefore, ensure that you are comfortable with sharing Your Generated Content before posting it. By uploading Your Generated Content to Project Man Cave Inc., you confirm that you possess all necessary rights and licenses to do so. You also grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Generated Content in various ways, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, distributing, and making it available to the public, either in whole or in part, in any current or future format or medium.

  5. To safeguard against the unauthorized use of Your Generated Content by other members or third parties beyond Project Man Cave Inc., you grant us the authority to act on your behalf in dealing with such infringements and unauthorized uses. This includes the ability (though not the obligation) to send takedown notices, such as DMCA Takedown Notices, on your behalf if Your Generated Content is used by third parties outside of Project Man Cave Inc. without your consent.

  6. We are not obligated to store Your Generated Content, so it's advisable to keep a copy if it's important to you.

User-Generated Content

Within Project Man Cave Inc., fellow members also contribute content via the App. This content, referred to as "User-Generated Content," is the property of the user who posted it. It is stored on our servers and displayed through the App at the user's direction.

It's important to note that you have no rights regarding other users' User-Generated Content. You are only permitted to use the personal information of other Project Man Cave Inc. users to the extent that such use aligns with Project Man Cave Inc.'s primary purpose of facilitating connections between individuals. You may not use other users' information for commercial purposes, spamming, harassment, stalking, or making unlawful threats. We retain the right to terminate your Account if you misuse other users' information.

User-Generated Content is subject to the terms and conditions outlined in Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. If you have any complaints or concerns about User-Generated Content, please refer to the Digital Millennium Copyright Act section below for further details.

5. Eligibility & Rules

 

To gain access to the App, you must first complete the registration process by creating an "Account." To create an Account, you are required to:

 

  1. be at least 18 years old to use the App. By using the App, you affirm that you are at least 18 years old and fully able and competent to enter into and abide by these Terms.

  2. be legally permitted by the laws of your home country to use the App.

  3. have never been convicted of a felony or indictable offense (or crime of severity), any crime involving violence, a sex crime and that you are not required to register as a sex offender with any federal, local or state sex offender registry.

 

To use the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are solely responsible for safeguarding your account credentials, maintaining the confidentiality of your password and solely responsible for all activities that occur under those credentials.

In order to use the App you may create an account in various ways, such as by using your Facebook login details. If you create an Account using your Facebook login details, you authorize us to access, display and use certain information from your Facebook account (e.g. profile pictures, information about Facebook friends, location and relationship status). For more information about what information we use and how we use it, please check out our Privacy Policy. By using our App, you acknowledge that we may collect and use of your data and information in accordance with our Privacy Policy.

 

Regrettably, we cannot permit the use of someone else's Account or the sharing of your Account with any other individual without prior permission.

We are excited for you to meet new friends on Project Man Cave, but if you wish to exit from the App, you can delete your Account by following the instructions under “Settings” in the App. Your Account will be deleted immediately but it may take some time for Your Generated Content (defined below) to be fully removed from the App. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. Your profile information will be treated in accordance with our Privacy Policy.

We employ a combination of automated systems and a team of moderators to continuously monitor and review accounts and messages for any content that may signal a violation of these Terms. Please be aware that we retain the exclusive right, at our discretion, to terminate or suspend any Account, restrict access to the App, or employ any available means, such as operational, technological, legal, or other measures (including the blocking of specific IP addresses) to enforce these Terms. Such actions may be taken at any time without liability and without prior notice to you.

Furthermore, without limiting the foregoing in any manner, we explicitly reserve the right to terminate or suspend your Account without prior notice in the following circumstances:

  1. Inappropriate or improper conduct on the App, or in your interactions with other App users, including offline conduct, as determined solely at our discretion.

  2. Violation of these Terms.

  3. For any reasons whatsoever that we, in our sole discretion, consider justifies termination.

  4. Inappropriate or improper conduct on other apps operated by our affiliates, as determined at our sole discretion.

 

Please note that if your Account is terminated or suspended, you acknowledge and agree that you will not receive a refund for any paid services or features for which you have already been charged.

 

Additionally, you are prohibited from accessing, tampering with, or using non-public areas of the App or our systems. Certain sections of the App may be inaccessible to you if you have not registered for an Account.

6. App Restrictions

 

You agree that you will not do any of the following:

  1. support, support or use scripts, devices, robots, software, or other kinds of mobile code or any other means or processes (including add-on, crawlers, browser plugins or other technologies) to scrape or otherwise exfiltrate from Project Man Cave Inc. or its services, or otherwise copy other data and profiles from the services.

  2. act in an unprofessional or unlawful manner. This includes being discriminatory, abusive , or dishonest;

  3. disclose information with others that you have not been given consent to disclose;

  4. commit fraud or similar practice and operate or create a pyramid scheme, or;

  5. misrepresent your previous or current positions, your age, your identity, affiliations with a person or entity and yours qualifications;

  6. harass or stalk any other user of the App.

 

You agree to:

  1. use the services in a professional manner;

  2. comply with all applicable laws. This includes without limitation anti-spam laws, privacy laws, equal opportunity laws, intellectual property laws, and regulatory requirements; and

  3. use your real age and real name during the creation of your Project Man Cave account, including your profile.

 

You can report any abuse or complain about User-Generated Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. Project Man Cave Inc. reserves the right to investigate any possible breach of these Terms, any third party rights, any Project Man Cave user’s rights, and we may, in our sole discretion, immediately bring to an end any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any infringing,  improper or otherwise unauthorized User-Generated Content submitted to the App.

While we strive to create a safe environment, you understand and acknowledge that we cannot guarantee the conduct of other users or verify the accuracy of their profiles. We do not control any of the things our users do or say, so please be careful as you are solely responsible for your interactions with other users of the App.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PROJECT MAN CAVE DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. PROJECT MAN CAVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. PROJECT MAN CAVE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE. PROJECT MAN CAVE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS.

Unless you have been specifically allowed to do so in a separate agreement with us, replicating or scraping any part of the App without our prior consent is expressly prohibited. This includes by any means, including automated or otherwise, other than through our currently available, published interfaces.

You consent  to, and hereby do, release Project Man Cave Inc. and its successors from any rights, losses, demands, claims, damages,  and actions of any type, including death, personal injuries, and damage of property, that either indirectly or directly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release doesn’t apply to any losses, demands, or any claims, damages, rights and actions of any kind, including death, personal injuries, or damage of property damage for any unconscionable commercial practice by Project Man Cave Inc. or for such party’s false promise, deception, fraud, concealment or misrepresentation, omission or suppression of any material fact in connection with the App.

7. Indemnification

You are solely responsible for all your actions and the information you post on Project Man Cave Inc. Accordingly, you agree to indemnify, defend, release, and hold us, as well as our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless from any claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) incurred by us due to or in connection with:

  1. Any breach of these Terms by you.

  2. Your violation of any law or the rights of any third party.

  3. Your access to and utilization of the App.

  4. The uploading or submission of Content to the App by you.

  5. Any negligent acts, omissions, or willful misconduct on your part.

 

We maintain the exclusive right to settle, compromise, and pay any and all claims or causes of action brought against us without requiring your prior consent. If requested, you must fully and reasonably cooperate with us in the defense of any relevant claim.

 

Please note that this provision does not oblige you to indemnify Project Man Cave Inc. for unconscionable commercial practices, fraud, deception, false promises, misrepresentation, concealment, suppression, or omission of any material fact in connection with the App.

8. Purchases & Terms of Payment

As a general rule:

 

Project Man Cave Inc. may offer products and services for purchase within the App (referred to as "In-App Purchases"). When you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the time of purchase, may apply. These additional terms are considered a part of this agreement.

 

You can make an In-App Purchase using the following payment methods:

  • Making a purchase through a third-party platform such as the Apple App Store and Google Play Store ("Third Party Store").

  • Paying with your credit card, debit card, or PayPal account, with payment processing handled by a third-party processor. By making an In-App Purchase, you authorize us to charge your chosen Payment Method. If we do not receive payment from your chosen Payment Method, you agree to promptly settle all outstanding amounts upon our request.

Subscriptions and Auto-Renewal:

Project Man Cave Inc. may offer certain services as automatically-renewing subscriptions, such as one-week, one-month, or three-month subscriptions ("Premium Services"). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF EACH PERIOD UNLESS YOU CANCEL, AT THE THEN-CURRENT PRICE SET BY Project Man Cave Inc. FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the current subscription period ends. Deleting your account or uninstalling the application from your device does not cancel your subscription. You will receive notice of changes in the pricing of the Premium Services you have subscribed to and an opportunity to cancel. If Project Man Cave Inc. changes these prices and you do not cancel your subscription, you agree to be charged at Project Man Cave Inc.'s then-current subscription pricing.

Cancellation of Subscriptions:

If you purchased a subscription directly from Project Man Cave Inc., you can cancel or change your Payment Method through the payment settings in your profile. If you purchased a subscription through a Third Party Store like the Apple App Store or Google Play Store, you will need to access your account on that platform and follow their instructions to change or cancel your subscription. If you cancel your subscription, you can continue to use it until the end of the paid period. However, please note:

(i) You will not be eligible for a prorated refund (except as described in the "Refunds" section below).

 

(ii) Your subscription will not renew after the current period expires.

 

(iii) You will lose access to Premium Services or In-App Purchases enabled by your subscription.

 

Free Trials:

 

If you sign up for a free trial and do not cancel it, your trial may automatically convert into a paid subscription, and your Payment Method will be charged at the then-current subscription price. Once your free trial converts to a paid subscription, it will automatically renew at the end of each period, with your Payment Method charged, unless you cancel. To avoid charges for a new subscription period, you must cancel before the end of the current subscription or free trial period, as described above. Deleting your account or uninstalling the application from your device does not cancel your free trial. If you've previously signed up for a free trial on Project Man Cave Inc. through the Apple Store or Google Play Store, you won't be eligible for another free trial and will be automatically enrolled in a subscription, as explained in this paragraph.

 

Refunds:

 

In general, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

 

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the following terms apply:

 

You can cancel your subscription without penalty at any time before midnight on the third business day following your subscription date.

 

If you pass away before the end of your subscription period, your estate is entitled to a refund for the portion of your payment allocable to the period after your death.

 

If you become disabled (rendering you unable to use Project Man Cave Inc.) before your subscription period ends, you can request a refund for the portion of your payment allocable to the period after your disability, following the same process as a refund request.

 

To request a refund:

 

If you subscribed using your Apple ID, refunds are handled by Apple, not Project Man Cave Inc. You can request a refund through iTunes by clicking on your Apple ID, selecting "Purchase history," finding the transaction, and clicking "Report Problem." Alternatively, you can submit a request at https://getsupport.apple.com.

For all other purchases, please contact customer support with your order number (found in the order confirmation email or in Google Wallet for Google Play Store purchases). You can also mail or deliver a signed and dated notice stating that you wish to cancel this agreement or words to that effect. Include your email address or mobile number associated with your account and your order number. Send this notice to admin@project-man-cave.com.

 

Taxes:

The payments required under this Section 5 do not include any Sales Tax that may be due for the Premium Services provided under these Terms. If Project Man Cave Inc. has a legal obligation to collect a Sales Tax from you in connection with these Terms, we will do so in addition to the payments specified in this Section 5. If any Premium Services or payments for them are subject to Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to Project Man Cave Inc., you are responsible for the payment of such Sales Tax, along with any related penalties or interest, to the relevant tax authority. In this context, "Sales Tax" refers to any sales or use tax and any other tax based on sales proceeds, which is equivalent to a sales tax, where the applicable tax jurisdiction does not otherwise impose a sales or use tax.

9. Third Party App Store

The following additional terms and conditions are relevant if you download the App from a Third Party Store. In cases where the terms and conditions in this section are more restrictive or in conflict with the other terms in these Terms, the stricter or conflicting terms in this section shall apply exclusively to the App and the Third Party Store. You acknowledge and agree to the following:

  1. In the event of a conflict between the terms and conditions of a Third Party Store or mobile carrier and these Terms, the Third Party Store or mobile carrier's terms and conditions will take precedence and govern. We bear no responsibility and have no liability for third-party goods or services obtained through a Third Party Store or mobile carrier. We strongly advise conducting any necessary investigations before proceeding with online transactions involving these third parties.

  2. Any claims you or third parties may have concerning the App or its possession and use, including but not limited to product liability claims, non-compliance with legal or regulatory requirements, consumer protection claims, or intellectual property infringement claims, are the responsibility of the Project Man Cave Inc., not the Third Party Store provider.

  3. These Terms establish a legal agreement solely between you and the Project Man Cave Inc. and do not involve the providers of the Third Party Store. The Project Man Cave Inc. is exclusively responsible for the App and its content. If these Terms provide usage rules for the App that are less restrictive or conflict with the terms of service of the Third Party Store where you obtained the App, the more restrictive or conflicting terms of the Third Party Store will prevail and be applicable.

  4. The Third Party Store provider is not obligated to provide any maintenance or support services for the App. The Project Man Cave Inc. is solely responsible for any product warranties, to the extent not effectively disclaimed. The Third Party Store provider bears no warranty obligations regarding the App, and any claims, losses, liabilities, damages, costs, or expenses resulting from a failure to meet any warranty are the sole responsibility of Project Man Cave Inc.

  5. The Third Party Store provider and its subsidiaries are considered third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

10. Location-Based Services & Push Notifications

We may communicate with you through various channels, including emails, text messages, push notifications, alerts, and other messages pertaining to the App and Project Man Cave Inc. services. These communications may cover topics like updates, offers, products, events, and promotions. When you download the App, you will be prompted to either accept or decline push notifications and alerts. Opting out will result in no push notifications or alerts being sent to you, while acceptance will enable automatic delivery.

If you wish to stop receiving push notifications and alerts from the App at any point, you can opt out by adjusting your notification settings on your mobile device. Regarding other forms of messaging or communications such as emails and text messages, you have the option to unsubscribe or opt out. This can be done either by following the specific instructions provided within those communications or by sending an email request to admin@project-man-cave.com.

The App may grant you access to certain content and offer products, services, or materials based on your location. To provide you with these opportunities, the App determines your location using reference points like GPS, Bluetooth, or mobile device software. If you've disabled GPS, Bluetooth, or location-determining software on your mobile device or have not authorized the App to access your location data, you won't be able to access location-specific content, products, services, or materials. For a more comprehensive understanding of how the App utilizes and safeguards your information, please consult the Privacy Policy.

11. Virtual Items

From time to time, you may have the opportunity to acquire Virtual Items from Project Man Cave Inc. These Virtual Items are subject to a limited, personal, non-transferable, non-sublicensable, and revocable license for your access and use. Project Man Cave Inc., and its partners exclusively offer these Virtual Items for purchase. It's important to note that the term "Virtual Items" as used here signifies a restricted license right governed by this Agreement. Under this license, no title or ownership rights to Virtual Items are conferred upon you. It's crucial to emphasize that the acquisition of Virtual Items through this Agreement does not constitute a sale of any rights pertaining to these items.

Any balance of Virtual Items displayed in your account does not hold real-world value or represent stored monetary value. Instead, it signifies the extent of your license to utilize Virtual Items. There are no fees associated with the non-use of Virtual Items. Your license for Virtual Items will cease upon the occurrence of the following: Project Man Cave Inc. discontinues its services, your account is closed or terminated. Additionally, Project Man Cave Inc. may occasionally provide Virtual Items as bonuses or components of paid subscriptions for its services. It's important to be aware that your ability to use Virtual Items obtained through subscriptions may terminate at the conclusion of each subscription period, and these Virtual Items do not accumulate or carry over to subsequent subscription periods. Your access to Virtual Items associated with subscriptions may also cease if you choose to cancel your subscription.

Project Man Cave Inc. retains the sole discretion to impose fees for access to or usage of Virtual Items and may distribute Virtual Items with or without charge. Furthermore, Project Man Cave Inc. reserves the right to manage, regulate, control, modify, or discontinue Virtual Items at any time. This includes taking actions that may impact the perceived value or purchase price of Virtual Items, if applicable. Project Man Cave Inc. shall not be held liable for any consequences arising from such actions.

It is important to understand that you are prohibited from selling, redeeming, or transferring Virtual Items to any other individual or entity. Virtual Items can only be redeemed through our Services.

Please be aware that all purchases and redemptions of Virtual Items made through our Services are considered final and non-refundable. By agreeing to this, you acknowledge that Project Man Cave Inc. is not obligated to provide refunds under any circumstances. Whether the closure of an account is voluntary or involuntary, you will not receive any compensation or reimbursement for unused Virtual Items.

12. Disclaimer

 

THE APP, SITE, Project Man Cave Inc. Content, AND User-Generated Content ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THESE WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO, FITNESS FOR A SPECIFIC PURPOSE, TITLE, OR NON-INFRINGEMENT. IT'S IMPORTANT TO NOTE THAT WE CANNOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

 

IF APPLICABLE LAW DOES NOT ALLOW FOR THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES AS MENTIONED ABOVE, WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY THE APPLICABLE LAW. PLEASE BE AWARE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CAN CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE THAT IS NOT EXPRESSLY STATED IN THIS SECTION.

 

FURTHERMORE, WE DO NOT MAKE ANY WARRANTIES REGARDING THE UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION OF THE APP OR SITE. WE ALSO CANNOT GUARANTEE THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, Project Man Cave Inc. Content, User-Generated Content, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS, AND THE PROJECT MAN CAVE Inc. IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ADDITIONALLY, PLEASE NOTE THAT PROJECT MAN CAVE INC. DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

13. Process for Asserting Claims of Copyright Infringement

If you believe that any content on Project Man Cave Inc. infringes upon the copyright of a work that you own, please submit a notification of alleged infringement, known as a "DMCA Takedown Notice," via email to admin@project-man-cave.com. This Takedown Notice should include the following information:

  1. A statement indicating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  2. Your contact information, including an address, telephone number, and, if available, an email address.

  3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on a single online site are covered, a representative list of these works.

  4. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

  5. A statement, made under penalty of perjury, that the information provided in the notification is accurate, and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

  6. Identification of the material claimed to be infringing or the subject of infringing activity, along with information reasonably sufficient to help the service provider locate the material.

14. Redress Options & Termination

These terms begin on the date you accept them (as described in the preamble) and remain in effect until terminated according to the following provisions.

If you wish to terminate these terms:

  1. Close your account.

  2. Notify Project Man Cave Inc. at any time.

Send your notice to the address provided below. Please be aware that terminating these terms means your subscription will continue until the end of the subscription period for which applicable fees have been paid. You will not be entitled to a refund except as specified in Section 8.

Project Man Cave Inc. may terminate or suspend these terms, including your account, in case of your breach of these terms or if required by applicable law. You agree that terminations for cause will be at Project Man Cave Inc.'s sole discretion, and Project Man Cave Inc. will not be liable to you or any third party for account termination.

Should Project Man Cave, in its sole discretion, determine that you have violated any part of these terms or have engaged in inappropriate conduct with regard to the App, Project Man Cave Inc. reserves the right to:

  1. Delete your user content.

  2. Notify you via email (to any email address you have provided to Project Man Cave Inc.) about the violation.

  3. Discontinue your subscription(s).

  4. Suspend your account.

  5. Take any other action that Project Man Cave Inc. considers appropriate.

  6. Notify and/or cooperate fully with proper law enforcement authorities.

 

Provisions of these terms that, by their nature, should survive, will continue to apply even after termination of these terms. These include, but are not limited to, the arbitration agreement, ownership provisions, warranty disclaimers, and limitation of liability.

 

Termination of these terms or your account includes the removal of access to your account, along with all associated information and content related to your account.

15. Resolution of Disputes

PLEASE CAREFULLY REVIEW THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION ("ARBITRATION AGREEMENT"). UNLESS YOU OPT OUT AS DESCRIBED IN SUBSECTION 10 BELOW, THIS AGREEMENT REQUIRES YOU TO RESOLVE DISPUTES WITH PROJECT MAN CAVE Inc. THROUGH BINDING ARBITRATION AND LIMITS YOUR METHODS OF SEEKING RELIEF FROM US.

  1. ARBITRATION RULES: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. JAMS, a reputable alternative dispute resolution provider, will oversee the arbitration. Disputes involving claims and counterclaims under $250,000, excluding attorneys' fees and interest, will be subject to JAMS' Streamlined Arbitration Rules, available at: https://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will follow JAMS' Comprehensive Arbitration Rules and Procedures, available at: [insert link to JAMS' Comprehensive Arbitration Rules]. If JAMS is unavailable to arbitrate, an alternative arbitral forum will be chosen. For claims under $10,000, Project Man Cave Inc. will cover JAMS' filing, administrative, hearing, and other fees unless the arbitrator deems the claims frivolous. You may select arbitration by telephone, based on written submissions, or in person in your country or at another mutually agreed location.

  2. WHEN DOES THIS ARBITRATION AGREEMENT APPLY? This Arbitration Agreement covers any dispute or claim related to your use of our App or any aspect of your relationship with Project Man Cave Inc. It mandates that such claims will be settled through binding arbitration, rather than in court, with exceptions for claims that qualify for small claims court or for equitable relief in court regarding intellectual property rights infringement or misuse.

  3. ARBITRATOR'S AUTHORITY: The arbitrator has exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) settle disputes concerning the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that any part of this Arbitration Agreement is void or voidable. The arbitrator can award monetary damages and grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator's decision is final and binding on you and us.

  4. HOW DO YOU INITIATE ARBITRATION? To commence the arbitration process, you must send an email requesting arbitration and describing your claim to admin@project-man-cave.com.

  5. INDIVIDUAL ARBITRATION: All claims and disputes covered by this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS OR COLLECTIVE ACTION. You and Project Man Cave Inc. give up the right to participate in a class action or any other class proceeding. Only individual relief is available, and multiple customer or user claims cannot be arbitrated or consolidated. If a decision is made stating that applicable law prohibits enforcing any of the limitations in this subsection regarding a specific claim, the claim must be separated from arbitration and taken to the State or Federal Courts of New York. All other claims will proceed through arbitration.

  6. NO JURY TRIALS: By accepting arbitration, YOU AND PROJECT MAN CAVE INC. WAIVE THE RIGHT TO A JURY TRIAL. Instead, all claims and disputes will be resolved through arbitration under this Arbitration Agreement, except as stated in Section 15B above. An arbitrator can award the same damages and relief as a court, and court review of an arbitration award is limited.

  7. AGREEMENT CONTINUITY: The terms of this Arbitration Agreement will endure even after your relationship with Project Man Cave Inc. has ended.

  8. SEVERABILITY: Except as provided in subsection 15.5, if any part of this Arbitration Agreement is deemed invalid or unenforceable under the law, that specific part shall be removed, and the remainder of the Arbitration Agreement shall remain fully enforceable.

  9. Mass Filings: If, at any point, 30 or more similar arbitration demands are filed against Bumble or its affiliated entities by the same counsel or coordinated entities, or if Bumble Group initiates 30 or more similar arbitration demands or counterclaims against similarly situated parties within a 60-day period or close proximity (referred to as a "Mass Filing"), the following additional procedures will come into effect:

    • Acknowledgment of Mass Filing Protocols: If you, Bumble Group, or your or our legal representation files an arbitration demand falling within the Mass Filing definition mentioned above, both parties agree that the arbitration demand will be subject to the supplementary protocols outlined in this Mass Filings subsection. In the event of a dispute regarding whether a series of filings qualifies as a Mass Filing, the arbitration provider will resolve the disagreement. It is also acknowledged that the resolution of the dispute may be delayed, and any relevant statute of limitations will be paused from the time of the arbitration demand's filing until the resolution of the bellwether proceedings.

    • Bellwether Arbitrations: Courts and arbitration administrators often recommend bellwether proceedings when multiple disputes involve similar claims against the same or related parties. The parties will select ten individual arbitration claims (five per side) referred to as the "Initial Test Cases" to proceed to arbitration. Only the Initial Test Cases will be presented to the arbitrator. All other claims will be held in abeyance, meaning that filing fees will only be paid for the Initial Test Cases. For all other arbitration demands in a Mass Filing, the filing fees (along with any consideration by the arbitrator for those demands) will be put on hold, and neither You nor Bumble will be obligated to pay these filing fees. It is agreed that neither party will be considered in breach of this Arbitration Agreement for failing to pay these filing fees, and neither party will be entitled to any contractual, statutory, or other remedies, damages, or sanctions for such non-payment. If, under this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, these demands will be held in abeyance and not referred to the arbitrator until the Initial Test Cases are resolved. Unless claims are resolved earlier or the schedule is extended, the arbitrators will issue a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

    • Batch Arbitration: To enhance the efficiency of administering and resolving arbitrations, you and Bumble Group agree that if a Mass Filing is not resolved through the Bellwether Arbitration and Global Mediation processes outlined above, the arbitration provider will (1) handle the remaining arbitration demands in batches of 100 demands per batch, (2) appoint one arbitrator for each batch, and (3) oversee the resolution of each batch as a single consolidated arbitration with a single set of filing and administrative fees payable by each side per batch, one procedural calendar, one hearing (if any) at a location determined by the arbitrator, and one final award ("Batch Arbitration"). If the arbitration provider is unable to administer the Batch Arbitration with a single set of fees per side per batch, then the arbitration provider's mass arbitration fee schedule will apply.

    • Enforcement of Subsection: A court with appropriate jurisdiction, as allowed under Section 16 of the Terms and Conditions, will have the authority to enforce this subsection.

  10. Opt-Out. Changes to Project Man Cave’s Terms do not offer a fresh chance for you to avoid arbitration if you had previously accepted an earlier version of Bumble's Terms with an arbitration clause and did not properly choose to opt out of arbitration.

  11. Proposal for Judgment. A minimum of 14 days prior to the scheduled arbitration hearing, either party can deliver a written proposal to the other party, outlining specific terms for a potential judgment. If one party's proposal is declined by the other party, and the latter fails to secure a favorable arbitration decision, they will not be eligible for any post-proposal costs they would otherwise receive, and they will be responsible for covering the offering party's costs from the moment of the proposal.

  12. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Project Man Cave has ended.

16. Governing Law & Venue

Subject to Section 15.1, your access to the App, Project Man Cave Inc. Content, any User-Generated Content, and any claims arising from or related to your association with the Project Man Cave Inc., as well as these Terms, are subject to the jurisdiction and interpretation of the laws of the State of Delaware. Any disputes arising from or connected to these Terms and/or your affiliation with the Project Man Cave Inc. that, for any reason, are not submitted to arbitration, along with all claims or cases challenging the enforceability or applicability of the arbitration provisions contained herein, will be exclusively resolved in the federal or state courts of New York. You consent to the personal jurisdiction and venue of such courts and waive any objections based on inconvenience. Furthermore, you agree not to initiate or partake in a class action lawsuit against us.

17. Entire Agreement; Other Matters

Before you can use Project Man Cave Inc., there are a few important points to mention:

  1. These Terms, subject to occasional updates, establish the complete agreement between you and Project Man Cave Inc. They replace all prior agreements, whether written or verbal, with the exception of the Privacy Policy. This clause doesn’t limit liability for fraudulent misrepresentation.

  2. Project Man Cave Inc. strives to maintain accurate and up-to-date information on its platform but provides it “as is,” without any express or implied warranties. Your use of Project Man Cave Inc. and its materials is at your own risk. Project Man Cave Inc. is not responsible for losses resulting from data transmission, use, or inaccurate User-Generated Content.

  3. You must take precautions to ensure that materials obtained from Project Man Cave Inc. are free of viruses or other harmful elements. Project Man Cave Inc. doesn’t guarantee uninterrupted or error-free service, the correction of defects, or the absence of malicious software. It’s not liable for damage to your computer or equipment due to security breaches, viruses, or technical malfunctions.

  4. Communications between you and Project Man Cave Inc. may be electronic, whether through the app or email. You agree to receive electronic communications and acknowledge that they satisfy legal requirements, such as the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

 

These terms do not affect your statutory rights.

 

Further items:

 

In the event that any of the Terms are deemed illegal, invalid, or unenforceable by a court with competent jurisdiction for any reason whatsoever, the following shall apply: To the extent that such a term is illegal, invalid, or unenforceable, it will be severed and removed from the Terms. However, the remainder of the Terms shall remain in full force and effect, and shall continue to be binding and enforceable.

Any failure or delay in exercising any right, power, or privilege under the Terms shall not be considered a waiver of that right, nor an acceptance of any variation of the Terms. Furthermore, any single or partial exercise of a right, power, or privilege by either party shall not preclude any future exercise of that right or the exercise of any other right, power, or privilege.

You confirm and guarantee that:

  1. You are not included in any U.S. Government list of prohibited or restricted parties.

  2. You are not situated in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country.

By using the App, you acknowledge and agree that Project Man Cave Inc. operates globally, with servers located in various countries, including the United States. If you reside in a country with data protection laws, please note that the storage of your personal data may not afford you the same protections as those in your country of residence. By submitting your personal information, upgrading the services you use, or utilizing the applications provided by Project Man Cave Inc., you consent to the transfer, storage, and processing of your personal information in these countries and destinations.

 

The App may include links to third-party websites or resources. In such instances, you acknowledge and accept that we bear no responsibility or liability for:

  1. The content, products, or services offered on or through these websites or resources.

  2. The availability or accuracy of these websites or resources.

 

The presence of links to these websites or resources does not imply endorsement. You are solely responsible for and assume all risks associated with your use of any such websites or resources. Framing, in-line linking, or any other methods of association with the App are expressly prohibited unless you obtain our prior written approval.

 

While you may not transfer or assign these Terms and any associated rights or licenses, we may assign them without any restrictions.

 

In the event of any inconsistency between this English language version and any translated copies of the Terms, the English version shall take precedence.

 

If you have any inquiries, complaints, or claims related to the App, please contact us at admin@project-man-cave.com.

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