1. Authorization to the Use of Personal Information
The Customer agrees to provide all necessary personal information and other information, including but not limited to: the Customer’s true identity, the Customer’s profile picture, education background, relationship status, marital status, etc. (the “Personal Information”). Aimm will use the Customer’s Personal Information to set up a profile and recommend matches based on such information.
(2) Authorization to Aimm:
The Customer agrees and grants Aimm a worldwide, non-exclusive, transferable, royalty-free and assignable rights to use, modify, cut and delete, public release, transmit or disclose the Customer’s Personal Information for the purposes of providing the Aimm Service (including but not limited to matching the Customer with other users).
(3) Aimm’s Rights to the Personal Information:
The Customer hereby represents and warrants the following matters, and if the Personal Information provided by the Customer violates any of the following, the Customer will be fully liable to Aimm for all fees or damages incurred by such violation:
A. Personal Information provided by the Customer is all true and accurate, which is owned by the Customer with full right to authorize for the use of Aimm.
B. Using the Customer’s Personal information under Aimm Service will not violate any trade secret, privacy rights, publicity right, copyright, contractual rights, intellectual property right and other relevant applicable law or cause an infringement of rights to the others.
C. Disclosure of Personal Information under Aimm Service will not breach any agreements between the Customer and any third party. If the Customer shall pay the royalty fee or other fees due to the disclosure of Personal Information, the Customer agrees it will be fully liable to such payments.
D. The Customer’s Personal Information is neither confidential nor exclusive.
(4) Right to Privacy:
A. The Customer agrees that Aimm may disclose the Personal Information to other members in order to proceed with Aimm service. Aimm will use commercially reasonable efforts to prevent the Customer’s social network friends from matchmaking upon the Customer’s application, but Aimm does not give any guarantee on this.
B. Aimm is not liable for the performance of privacy compliance of any other users. The Customer may not claim against Aimm for any fees or damages incurred by illegal use of the Personal Information (including but not limited to leaking, modifying, and deleting the Customer’s Personal Information, etc.) if Aimm is not attributable.
C. The Customer may request Aimm to delete the Personal Information when this Agreement is terminated.
2. Use Restrictions
Providing services to the Customer by Aimm does not constitute any authorization or assignment of any right. The Customer must conform to the following provisions while using the Aimm Service:
(1) Aimm Service shall be used in accordance with the functions and matters permitted by this Agreement.
(2) Without a prior written consent of Aimm, the Customer may not copy, reproduce, disseminate, public release, display, transmit or public broadcast any part of the Aimm Service.
(3) The Customer may not circumvent, damage or interference with the safety measures taken by Aimm to ensure the security of the Aimm Service. The Customer may not obtain or snatch service information from Aimm Service or to use Aimm Service in a way that does not conform to the personal use.
(4) The Customer may not harass, insult and harm any other person or group (including but not limited to Aimm’s employees, the matches or other users) or support such a harassment, insulation or harm.
(5) The Customer may not provide false Personal Information to Aimm, matches or other users nor create any false personal identity or to impersonate another individual or organization in any way.
(6) The Customer may not collect or attempt to collect Personal Information from other users.
(7) The Customer may not restrict or prohibit any person from using Aimm Service, nor disclose the third party’s Personal Information which is acquired by or acquired from the Aimm Service without the prior consent of the third party, nor collect other users’ information.
(8) The Customer may not use Aimm Service to liaise with or engage in any commercial advertising or information collection activity except that this Agreement expressly provide otherwise or with express consent in writing of Aimm.
(9) The Customer may not use Aimm Service, other users’ account, name or Personal Information without prior authorization.
(10) The Customer may not violate any applicable law, regulations or the provisions of this Agreement.
(11)The Customer may not assist or permit another to engage any actions provided in this article.
3. Events of Default
(1) Aimm may suspend or terminate the Customer’s use of Aimm Service at any time for any reason whatsoever. Aimm may decide, at its sole discretion, whether to provide any service to the Customer in future. If Aimm deems, at its sole discretion, the Customer shall undertake any of the following acts or for any reason whatsoever, Aimm may examine and suspend the Aimm Service at any time:
A. The Customer has been reported by the matches for any inappropriate, illegal or unpleasant behavior.
B. The conduct of the Customer violates the applicable law or engages in any harassment, infringement or other illegal acts.
C. The Customer infringes or jeopardizes the matches’ or other users’ right or safety.
D. The Customer breaches any provisions of this Agreement.
(2) The customer shall be fully liable for all claims, fees, fines, penalties or any losses or damages suffered by any third party or Aimm.
4 .Limitation of Liability
(1) The Customer shall be solely liable for its interaction with other users. The Customer understand that currently the Aimm has not reviewed criminal records of any users or carried out any monitoring. However, if necessary, Aimm may use public information to review the criminal records of the users or exercise its monitoring right. The Customer also understands that Aimm has not conducted any background check on users or try to verify information they provided.
(2) Disputes Between Users:
A. Aimm shall not be liable for the Customer’s or other users’ personal actions or any disputes arising out of their use of the Aimm Service, including but not limited to the disputes between the Customer and the matches or other users ,etc.
B. The Customer shall bear all the risks associated with any other person. The Customer agrees that it will resolve the dispute with such person on its own and bear all the costs and fees associated therewith.
C. The Customer expressly agrees to indemnify and release Aimm from all liabilities with respect to the disputes between users. The Customer agrees not to bring action against Aimm or otherwise drag Aimm into such disputes.
D. The Customer shall exercise due diligence while using the Aimm Service. Aimm shall not be liable for any personal actions of the Customer.
E. The Customer shall take appropriate self-protection measures when approaching or meeting with others, especially when meeting in person. The Customer shall also bear all risks arising from using the Aimm Service, including but not limited to the risk arising out of sharing confidential information with other users.
(3) The Customer clearly understands and agrees that Aimm and its affiliates are not liable for any damages incurred by the Customer in connection with the Aimm Service. Aimm does not warrant that the Aimm service will achieve any specific result or meet the Customer’s expectation. If the applicable law of the jurisdiction where the Customer is located does not allow such exemption provision, with regard to the total liabilities which Aimm’s related persons may be liable to as a result of the Customer’s use of the Aimm Service, the Customer agrees that the amount of total liabilities claimed against Aimm’s related persons shall not exceed the amount already paid to Aimm by the Customer or 100 US dollars, whichever is higher.
(1) If the Customer fails to comply with any provisions of this Agreement, Aimm may terminate this Agreement immediately by giving written notice to the Customer.
(2) Subject to the terms and provisions herein, the Customer may terminate this Agreement by giving written notice to Aimm.
(3) Upon termination of this Agreement, the Customer may not use the Aimm Service.
6. Third Party Claims
(1) The Customer agrees to defend and indemnify Aimm and Aimm’s affiliates from any claim, demand, or lawsuit made by any third party (including but not limited to other users of Aimm Service) arising out of a breach of this Agreement by the Customer, and indemnify Aimm and Aimm’s affiliates for reasonable attorney’s fee and accountant fee incurred by such claim, demand or lawsuit.
(2) If Aimm is being claimed, demanded or confronted a lawsuit or relevant proceeding as a result of any event as provided in the preceding paragraph, Aimm will immediately notify the Customer and the Customer shall promptly consult with Aimm on relevant matters.
The Customer shall not assign or transfer all or any of its rights under this Agreement directly or indirectly without the prior written consent of the Aimm.
(2) Consent to Receive Electronic Communications:
The Customer agrees to receive from Aimm, the electronic communication sent by Aimm related to the Customer’s account or regarding to the purpose of operations and information of Aimm. The Customer agrees Aimm may send any notice, agreement, disclosure or other communications to the Customer through electronic means; however, where in compliance with the communication laws, Aimm may also send the aforementioned communications in written.
(3) No exercise of any right under any provision of this Agreement does not constitute a waiver of the right nor to affect any right of Aimm to demand the performance of the Customer in accordance with this Agreement at any time; waiving the right by Aimm to claim against the Customer for breach of this Agreement does not constitute a waiver of the right to claim against Customer for breach of this Agreement in the future.
(4) The headings or titles of provisions used in this Agreement are for the purpose of convenience only and will not have any binding effect in construing the specific provisions. If any part of the provisions of this Agreement is held to be invalid or unenforceable, the rest of the parts of this Agreement are still valid and enforceable. This Agreement is made in duplicate, each of which shall be an original and held by each Party.