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Terms of Service

Updated: May 21, 2018

Welcome to PB&J, operated by Go PB&J Corp. (‘us’, ‘we’, the ‘Company’ or ‘PB&J’).

These Terms of Service (‘Terms’) are a contract between you and Go PB&J Corp. They govern your use of Go PB&J’s, website and mobile application service and content (‘Services’).

By using PB&J, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use PB&J.

We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using PB&J on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should request to delete your account before they take effect, otherwise your use of the application and content will be subject to the new Terms.

Acceptance of Terms of Use Agreement

By creating a PB&J account through a mobile device you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

Eligibility

You must be at least 18 years of age to create an account on PB&J and use the Service. By creating an account and using the Service, you represent and warrant that:

  1. you can form a binding contract with PB&J,
  2. you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
  3. you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Your Account

In order to use PB&J, you may either sign in using your Facebook login (to act as a dating app user) or sign up with Instagram login (for PB&J approved influencers only). If you do so, you authorize us to access and use certain Facebook and Instagram account information, including but not limited to your public Facebook and Instagram profile and information. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for PB&J, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@gopbj.com.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a influencer to PB&J. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address or Facebook and Instagram information other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your posts, use the same account information on other sites, or allow other sites to share information about you with PB&J. Please read our Privacy Policy for more information.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PB&J DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PB&J MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PB&J RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Company's Safety Tips, located at the bottom of this Agreement, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

Content Rights and Responsibilities

You own the rights to the content you create and post on PB&J.

By posting content to PB&J, you give us a nonexclusive license to publish it on PB&J Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for PB&J granting you access to and use of the Services, you agree that PB&J may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote PB&J, including its products and content. We will never sell your content to third parties without your explicit permission.

You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to post content on PB&J that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to PB&J, you represent that doing so doesn’t conflict with any other agreement you’ve made.

By posting content you didn’t create to PB&J, you are representing that you have the right to do so. For example, you are posting a work that’s in the public domain, used under license (including a free license, such as Creative Commons), or a fair use.

You understand and agree that PB&J may, but is not obligated to, monitor or review any Content you post as part of a Service.

For Content, PB&J is merely hosting and providing access as well as providing tools to post and share content. We cannot accept any liability with regard to such material (including with respect to its accuracy). We reserve the right to act expeditiously to remove or disable access to any User Content that we believe violates this Agreement.

We may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.

We can remove any content you post for any reason. You can request for a delete for any of your posts, or delete your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible.

You may not post, upload, display or otherwise make available Content that:

  1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. advocates harassment or intimidation of another person;
  3. requests money from, or is intended to otherwise defraud, other users of the Service;
  4. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities)
  5. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  7. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  8. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  9. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  10. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  11. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  13. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  14. disrupts the normal flow of dialogue, causes a screen to 'scroll' faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  15. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  16. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, ‘post’) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, ‘Content’). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook and /or Instagram account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  1. impersonate any person or entity.
  2. solicit money from any users.
  3. post any Content that is prohibited as stated in previous sections.
  4. ‘stalk’ or otherwise harass any person.
  5. express or imply that any statements you make are endorsed by the Company without our specific prior written consent.
  6. use the Service in an illegal manner or to commit an illegal act;
  7. access the Service in a jurisdiction in which it is illegal or unauthorized;
  8. ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
  9. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  10. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
  11. interfere with or disrupt the Service or the servers or networks connected to the Service.
  12. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  13. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
  14. ‘frame’ or ‘mirror’ any part of the Service, without the Company's prior written authorization.
  15. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
  16. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

Our Content and Services

Parts of the application are licensed under third-party open source licenses. As for other parts of PB&J mobile application, we reserve all rights in PB&J’s look and feel. You may not copy or adapt any portion of our service or visual design elements (including logos) without express written permission from PB&J unless otherwise permitted by law. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout Canada and United States associated with the PB&J Content and the mobile application, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

You may not do, or try to do, the following:

  1. access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;
  2. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
  3. interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

Communications from PB&J

We may send you electronic mail or messages through our mobile app to let you know about content that may be of interest to you. You may opt into and opt out of such communications through the ‘Profile’ in the PB&J mobile app or by clicking the unsubscribe link in each any such email.

Liability Disclaimer

No Warranty. PB&J Makes no express warranties or representations as to the quality and accuracy of the Content or the Service, and we disclaim any implied warranties or representations to the maximum amount permissible under applicable law, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, and any warranties arising by usage of trade, course of dealing, or course of performance. We offer the Service and the Content on an “as is” and “AS AVAILABLE” basis and do not accept responsibility for any use of or reliance on the Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service or Content. PB&J does not guarantee the adequacy of the Service or compatibility thereof to your computer equipment or mobile device and does not warrant that the Service, its servers, or any emails which may be sent from PB&J are free of viruses or any other harmful components.

Limitation of Liability. PB&J limits its liability to the maximum amount permissible under applicable law. In particular, PB&J will not be liable for any damages that it causes unintentionally and PB&J will not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, whether based in contract, tort, strict liability or otherwise, that may arise out of or is in any way connected with your use of the service or the content, even if we have been advised of the possibility of such damages, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

If, despite the limitation above, PB&J (or its officers, directors, employees, or agents) are found liable for any loss or damage that arises out of or is in any way connected with your use of the service or the content, then the liability of PB&J (or its officers, directors, employees, or agents) will in no event exceed, in the aggregate, one-hundred dollars ($100.00).

Indemnity. You agree to defend, hold harmless, and indemnify PB&J (along with its officers, directors, employees, and agents) against all liabilities, claims, causes of action, expenses, losses, or demands including, without limitation, reasonable legal and accounting fees, that may arise out of or is in anyway connected with any breach of this Agreement by you or otherwise as a result of your use of the Service or the Content.

Exclusive Remedy. If you are dissatisfied with any portion of the Service, or with any terms in this Agreement, your sole and exclusive remedy is to discontinue using the Service and/or cancel your PB&J account.

Third Party Services. PB&J, as part of the Service, may provide Users the opportunity and ability to purchase services and/or goods from third parties. The websites and/or services of those third parties are subject to terms and conditions and privacy policies (if applicable) different from PB&J’s and it is your responsibility to ensure that you have read and understood them. YOU AGREE AND ACKNOWLEDGE THAT YOUR INTERACTION WITH ANY THIRD PARTIES IS AT YOUR OWN RISK AND THAT PB&J IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION IT OBTAINS FROM ANY THIRD PARTIES. PB&J makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from PB&J.

NOTICE The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

ENTIRE AGREEMENT; OTHER This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

Notice of claims of copyright infringement should be provided to support@gopbj.com.

Disclaimers

  1. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN ‘AS IS' AND ‘AS AVAILABLE’ BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
  3. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS. d. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Safety

The safety of our users is very important to us. There are steps that everyone can follow to ensure their safety while using PB&J. Please take a few minutes to read these tips.

KEEP YOUR FINANCIAL INFORMATION PRIVATE Ignore any request to send money – even if the person claims to be in an emergency – and report it to us immediately. Never give out financial information such as you social security number, credit card number or bank information.

KEEP YOUR PERSONAL INFORMATION You are in control of your PB&J experience at all times – remain anonymous until you feel ready. Be careful about sharing personal information, such as your full name, phone number, email and address. Protect your identity until you are comfortable enough with someone to share it. Also, leave any personal contact information out of your PB&J profile.

Note: PB&J will never send you an email asking for your username and password information. Any such communication should be reported immediately. 
SPAM/SCAMMERS THERE ARE RED FLAGS TO WATCH OUT FOR THAT MAY INDICATE YOU'RE DEALING WITH A SCAMMER. BE AWARE OF ANYONE WHO:

  1. Sends you messages containing links to third-party websites
  2. Quickly asks to talk or chat outside of PB&J
  3. Asks you for money
  4. Vanishes mysteriously then reappears under a different name
  5. Asks for your address under the guise of sending flowers or gifts.

The U.S. Federal Trade Commission's advice to avoid online scams is available here.

REPORT SUSPICIOUS USERS Please report anyone who violates our terms of use. Examples of terms of use violations include:

  1. Asking you for money or donations
  2. Anyone that looks like they could be under the age of 13
  3. Users sending harassing or offensive messages
  4. Users behaving inappropriately after meeting in person
  5. Fraudulent profiles
  6. Spam or solicitation, such as attempts to sell products or services

Meeting in Person

First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:

  1. GET TO KNOW THE OTHER PERSON BEFORE MEETING THEM OFFLINE- Get to know someone through chat before disclosing personal information or meeting in person. We don't conduct criminal background checks on our users, so it’s up to you to do your own research and remain cautious.
  2. ALWAYS MEET IN PUBLIC- Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment.
  3. INFORM A FRIEND OR FAMILY MEMBER OF YOUR PLANS- Tell them who you are meeting, where you are going and when you will return. Bring your phone with you.
  4. DRIVE YOURSELF TO AND FROM THE FIRST MEETING- Be in control of your own ride – even if you take a taxi. Securing your own ride is important. Even if the person you're meeting volunteers to pick you up, do not get into a vehicle with someone you don’t know and trust, especially if it’s the first meeting.

Following these guidelines will help keep PB&J safe and enjoyable.

Applicable Law and Dispute Resolution

These Terms are subject to the laws in effect in the province of Ontario. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, 'Disputes') will be settled exclusively by the competent court in Toronto, Ontario, Canada and you agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Giveaways

PB&J may, in PB&J’s sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider's services, subject to any additional terms that PB&J establishes on a per promotion basis (‘Promo’). You agree that Giveaways:

  1. Must be used for the intended audience and purpose, and in a lawful manner;
  2. May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by PB&J;
  3. May be disabled by PB&J at any time for any reason without liability to PB&J;
  4. May only be used pursuant to the specific terms that PB&J establishes for such giveaways;
  5. Are not redeemable for cash; and
  6. May expire prior to your use.

Certain giveaways may only be available to new users. New users are unique natural persons who have not yet created a PB&J account.