Terms and Conditions of Use:

Last revised on June 19, 2017

Hello! Welcome to the Terms and Conditions of Use for Rekd, a service operated by Rekd Inc. Please read this document carefully as it impacts and affects your legal rights. Take the time to read our other documents (for example, our Privacy Policy) referenced in this document to know what you are agreeing to by using our services and how we make careful use of your data. Once you’ve read it all, let’s kick back, “Get Rekd,” and watch a great movie together!

1. Terms of Service:

Thanks for choosing Rekd (“Rekd”, “we”, “us”, “our”). By using the Rekd services (collectively, the “Rekd Service”, “Service”, or “Services”) or the website (“Site“) or the applications for mobile, tablet, or other smart devices (collectively, the “Application“) or by accessing any content or material that is made available by Rekd through the Site, Application or Service (the “Content”) you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions of Use (“Terms“), whether or not you become a registered user of the Services. Your agreement includes the Terms and our Privacy Policy (collectively, “Agreements”) and governs your access to and use of the Site, Application and Services, and constitutes a binding legal agreement between you and Rekd.

You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with or cannot comply with the Agreements, then you have no right to use the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

2. Modifications to the Agreements:

We reserve the right to, at any time and for any reason, modify the Site, Application, Services or these Terms. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. If you continue to use or access the Site, Application or Services after the changes are effective then you shall be deemed to have accepted those changes. If the modified Terms are not acceptable to you, you must cease using the Site, Application and Services and must terminate the Agreements by contacting us via email at support@rekd-app.com.

3. Eligibility

In order to use the Site, Application or Services you (1) represent and warrant to us that you are 13 years of age or older and that your use of the Site, Application or Services does not violate any applicable law (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the the Site, Application and Services are available. You also promise that any registration information that you submit to Rekd is true, accurate and complete, and that you will update such information to keep it accurate and up to date at all times.

4. Creating an Account

To use Rekd, you must have or create a Facebook account and sign in using your Facebook login. By signing in using your Facebook login you create an account (“Rekd Account”) and become a user of our Site, Application and Services (“Member”) and give us permission to access, use, and save certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Rekd users. We reserve the right to suspend or terminate your Rekd Account and your access to the Site, Application and Services if you violate the Agreements. You are responsible for maintaining the confidentiality of your Facebook login credentials you use to sign up for Rekd. You are solely responsible for all activities that occur under those credentials. You agree to immediately notify the Company of any disclosure or unauthorized use of your login credentials at support@rekd-app.com.

5. Our Services

Rekd is a service where a Member may interact with Content, including but not limited to, giving us their personal preferences by swiping on Content. Based off of this information and based off of information collected from sources the Member has given us permission to access, we provide recommendations on what the Member should watch. Certain features of the Services are free of charge, while other Services may require payments.

6. The Right We Grant You

The Services and the Content are the property of Rekd or Rekd's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Services, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Rekd.

Members promise and agree that they may not use the Services or any Content contained in the Services in connection with any commercial endeavors, such as advertising or soliciting any Member to buy or sell any products or services not offered by Rekd. Members of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services for any purpose except with Rekd’s express consent (such as for any kind of advertisements), which Rekd may provide or deny in its sole discretion. We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services.

The Services and the Content are licensed, not sold, to you, and Rekd and its licensors retain ownership of all copies of the Rekd software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All Rekd trademarks, service marks, trade names, logos, domain names, and any other features of the Rekd brand (“Rekd Brand Features”) are the sole property of Rekd or its licensors. The Agreements do not grant you any rights to use any Rekd Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Rekd grants no right, title, or interest to you in the Services or the Content.

7. Third Party Applications

The Rekd Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Rekd does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

8. User-Generated Content

Rekd users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, reactions and/or other types of content) (“User Content”).

You promise that, with respect to any User Content you post on Rekd, (1) you have the right to post such User Content, and (2) such User Content, or its use by Rekd as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Rekd or any label, actor, production studio, entity or individual without express written consent from such individual or entity.

Rekd may, but has no obligation to, monitor, review, or edit User Content. In all cases, Rekd reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Rekd’s sole discretion, violates the Agreements. Rekd may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Rekd is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST REKD RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD REKD HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

9. Rights You Grant Us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Services, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Rekd may contain advertising as part of the Content. In such cases, Rekd will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to Rekd in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Rekd to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Rekd a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

10. User Guidelines

Rekd respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Rekd stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

Please respect Rekd, the owners of the Content, and other users of the Services. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Rekd account. You also agree that Rekd may also reclaim your username for any reason.

Please be thoughtful about how you use the Services and what you share. The Services includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Rekd or across the web, so please use Rekd carefully and be mindful of your account settings. Rekd has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

11. Infringement and reporting User Content

Rekd respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please see the Copyright section of the Agreement. If Rekd is notified by a copyright holder that any Content infringes a copyright, Rekd may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Rekd with a request to restore the removed content.

If you believe that any Content does not comply with the User guidelines, please email us at support@rekd-app.com.

12. Service limitations and modifications

Rekd will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Rekd reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Rekd Service or any function or feature thereof.

You understand, agree, and accept that Rekd has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Rekd and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

13. Customer support

For customer support with account-related questions (“Customer Support Queries”), please send an email to our support department at support@rekd-app.com. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

14. Term and termination

The Agreements will continue to apply to you until terminated by either you or Rekd. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Rekd may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorised use of the Rekd Service and/or Content, or non-compliance with the Agreements. If you or Rekd terminate the Agreements, or if Rekd suspends your access to the Rekd Service, you agree that Rekd shall have no liability or responsibility to you and Rekd will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Rekd account, please contact us via email at support@rekd-app.com. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

15. Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SPOTIFY SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE REKD SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REKD AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER REKD NOR ANY OWNER OF CONTENT WARRANTS THAT THE REKD SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, REKD MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE REKD SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT REKD IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE REKD SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPOTIFY SHALL CREATE ANY WARRANTY ON BEHALF OF SPOTIFY IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

16. Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE REKD SERVICE IS TO UNINSTALL ANY REKD SOFTWARE AND TO STOP USING THE SERVICES. WHILE REKD ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO REKD, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REKD, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE REKD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER REKD HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE REKD SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO REKD DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits Rekd’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

17. Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Rekd, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Rekd only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Rekd, the Agreements constitute all the terms and conditions agreed upon between you and Rekd and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspects of your use of the Rekd Service may be governed by additional agreements. That could include, for example, access to the Rekd Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

19. Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Rekd or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Rekd’s or the applicable third party beneficiary’s right to do so.

20. Assignment

Rekd may assign the Agreements or any part of them, and Rekd may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

21. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Rekd harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Rekd Service; and (4) your violation of any law or the rights of a third party.