CASTRO LABS, INC. - TERMS & CONDITIONS
Updated: June 30, 2021
Privacy Policy
WELCOME
Our goal is to create and foster a safe, and personal community for which to meet and engage with others. With that in mind, an important thing to know about Castro is that we strive to foster a community where all members feel comfortable and their privacy is protected. We periodically review our community and remove members who are not acting in accordance with our code of conduct or the below Terms of Use or who are otherwise engaging in disrespectful, inappropriate or improper behavior.
ARBITRATION NOTICE. Except for certain kinds of disputes described in the Arbitration and Governing Law Section, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING these Terms, YOU AND CASTRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
INTRODUCTION
Castro App, Inc. (“Castro,” the “Company,” “we,” “us,” “our”) provides its mobile application (the “app”) and related services (collectively, the “Service”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). By submitting an application to Castro, creating a Castro account, or otherwise using the Service in any manner whatsoever, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and available at https://castroapp.com/privacy. We reserve the right to, in our sole discretion, change or modify these Terms of Use at any time. Each time that we do so, we will indicate at the top of this page the date of the most recent version. Our Terms of Use may always be found at https://castroapp.com/terms. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should regularly check this page for updates. If you do not accept and agree to be bound by all of the Terms of Use, please do not use the Service.
TERMS OF USE
Legally Binding Agreement. These Terms of Use constitute an agreement establishing the legally binding terms you must accept to use the Service.
Eligibility. You must be at least 18 years of age to use the Service. By creating an account or otherwise using the Service, you represent and warrant that you can form a binding contract with Castro, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. By using the Service, you represent and warrant that you are legally permitted to use the Service by the laws of your county, that 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.
Term and Termination. These Terms of Use will remain in full force and effect while you use the Service or have a Castro account. You may terminate your account at any time, for any reason, by following the instructions provided in the app. Likewise, Castro may, in its sole discretion, suspend or terminate your account or your access to any part of the Service without notice, and remove and discard any content within the Service, for no reason or for any reason whatsoever, including, without limitation, (i) for lack of use, (ii) if Castro believes in its sole discretion that you may have breached these Terms of Use or otherwise failed to uphold its membership ideals, (iii) for any other reason as Castro may determine from time to time, including terminations in connection periodic membership reviews and membership count adjustments. Castro may also, in its sole discretion and without notice, discontinue providing the Service or any part thereof. You agree that any termination of your account or access to the Service under any provision of these Terms of Use may be effected at any time without prior notice, and you acknowledge and agree that upon such termination Castro may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Service. By using the Service you acknowledge and agree that certain features, products, and other aspects of the App and, more generally, the Service, are not available to all users. By way of example, use of the app is only available to members, but certain aspects of the Service, may be available to non-members. Further, certain features and updates within the app are frequently beta tested among a small portion of our user and other more permanent features are made available only to certain segments of our users based on their location, preferences, use of the app, and other factors.
Commercial Use. The Service is for personal use only. You may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as promotion of a business, or advertising or soliciting any user to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Service 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 Service for any purpose except with Castro’s express consent, which consent may be withheld in our sole discretion.
User Interactions; Meetings. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHERS THROUGH THE SERVICE – THIS INCLUDES, BUT IS NOT LIMITED TO, INTERACTIONS THROUGH THE APP, IN-PERSON INTERACTIONS WITH THOSE YOU MEET THROUGH THE SERVICE, AND YOUR ATTENDANCE AT ANY EVENT OR VENUE PROMOTED, HOSTED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE. You understand and acknowledge that the Company does not conduct criminal background checks on its users or verify statements made by its users. The Company makes no representations or warranties as to the conduct, background or fitness of its users or their compatibility with any current or future users. You have the option to allow the Service to disclose your location to other users. While we endeavor to ensure the privacy and safety of all users’ interactions through the Service, we have no involvement, and disclaim all responsibility, with respect to in-person interactions. You should only elect to disclose your location after careful consideration. Further, to the extent that the Service identifies the location of a user or certain locations where users congregate or frequently visit, Castro disclaims any affiliation with such locations and makes no representations or warranties as to the safety of the location or the activities taking place therein. As noted below, in no event shall the Company, its affiliates or its officers, directors, employees or agents 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, whether or not in connection with the use of the Service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings or interactions with other users or persons you meet through the Service, including those who may be able to find you through location-based components of the Service. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND IN ATTENDING ANY EVENT, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICE OR MEET IN PERSON, OR IF YOU DECIDE TO DISCLOSE YOUR LOCATION, PROVIDE PERSONAL INFORMATION, CONTACT INFORMATION OR MONEY TO ANOTHER USER.
User Content. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including, but not limited to, messages, videos, photographs, or text, whether publicly posted or privately transmitted (collectively, “User 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, misleading, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, exploitive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of confidentiality, privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your 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 User Content on the Service and grant the licenses set forth below. You understand and agree that the Company may, but is not obligated to, monitor or review any User Content you post as part of a Service. The Company may delete any User Content, in whole or in part, that in the sole judgment of the Company violates these Terms of Use or may harm the reputation of the Service or the Company. By posting User Content as part of the Service, you grant to Castro a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person. You agree that any User Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Castro users).
Prohibited Activities. The Company reserves the right to investigate, suspend or terminate your account if you misuse the Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with the values and mission of the Company, including actions or communications that occur outside of the Service. Such inappropriate, improper and unlawful behavior includes, but is not limited to: (i) emailing or otherwise uploading any Content prohibited by these Terms of Use; (ii) interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; (iii) violating any applicable local, state, national or international law, or any regulations having the force of law; (iv) harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others; (vi) disclosing the identity of any user; (vii) taking screenshots or otherwise copying, disclosing or sharing content from the app; (viii) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (ix) soliciting personal information from anyone under the age of 18; (x) soliciting payment from any user; (xi) harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (xii) promoting, marketing, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized; (xiii) interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in Castro’s sole discretion, (xiv) making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in Castro’s sole discretion; (xiv) furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; (xv) obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; (xvi) misrepresenting your identity, status, qualifications or affiliations; and (xvii) disclosing information that you do not have the right to disclose.
Intellectual Property. The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, patents, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, patents and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Digital Millennium Copyright Act. The Company has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Content infringes upon your intellectual property rights, please submit to copyright@castroapp.com a notification alleging such infringement including (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii)identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Third Party Material. Under no circumstances will Castro be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in the app or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Castro does not pre-screen content, but that Castro and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Castro and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Castro, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Websites. The Service may provide, or third parties may provide, links or access to other sites and resources on the internet. Castro has no control over such sites and resources and Castro is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Castro will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Castro is not liable for any loss or claim that you may have against any such third party.
Mobile Service. The Service includes certain services that are available via mobile devices including (i) the ability to upload User Content to the Service, (ii) the ability to browse the Service, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Castro and via APNS push notifications or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Castro account information to ensure that your messages are not sent to the person that acquires your old number.
Push Notifications; Location-Based Features; Communications. By using the Service, you agree that we may provide you with emails, text messages, push notifications, alerts and other messages related thereto. After downloading the app, you will be asked to accept or deny push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the app, you may opt out by changing your notification settings on your mobile device. The app may allow you to disclose your location or make available opportunities for you to determine the location of other users and/or view certain content and services based on your location. If you elect to make these opportunities available to you, the app will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the app to access your location data, your location will not be disclosed and you will not be able to access such location-specific content, products, services and materials. For more about how the app uses and retains your information, please read the Privacy Policy. Users of the Service who are not members of the app may contact the Company at any time at contact@castroapp.com to change notification and communication preferences.
Apple-Enabled Software Applications. Castro offers software applications such as the app that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such software being “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:
- Castro and you acknowledge that these Terms of Use are concluded between Castro and you only, and not with Apple, and that as between Castro and Apple, Castro, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Use.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Use.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Castro’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple- Enabled Software, they should be directed to Castro as follows: contact@castroapp.com
Castro and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.
Disclaimers. To the fullest extent permitted by law, you acknowledge and agree that neither the Company nor its officers, directors, employees, agents or affiliates are responsible for, and shall under no circumstances 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) the conduct, whether online or in-person, through the Service or otherwise, of any user; (ii) the content posted in the Service, whether posted by users or caused by any of the equipment or programming associated with or utilized in the Service; (iii) the timeliness, deletion or removal, incorrect delivery or failure to store any content or communications; (iv) termination or discontinuation of the Service; (v) 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 (vi) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email 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 FULLEST EXTENT PERMITTED BY 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. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and to the fullest extent permitted by law, 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.
Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT AND $50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Arbitration and Governing Law. Except for users residing within the European Union, Norway and elsewhere where prohibited by applicable law, the exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU WAIVE YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in the State of Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and WAIVE YOUR RIGHT, IF ANY, TO A JURY TRIAL in such actions. These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the State of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. For users residing in any jurisdiction where this arbitration agreement is prohibited by law, California law will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use or the Services but not eligible for arbitration will be litigated exclusively in the federal or state courts located in California and you and Castro consent to personal jurisdiction in those courts.
Indemnification. To the fullest extent permitted by law, you will indemnify and hold the Company, its officers, directors, employees, agents subsidiaries and affiliates, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any postings or content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Notice. The Company may provide you with notices, including those regarding these Terms of Use, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate these Terms of Use 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; Miscellaneous. These Terms of Use, together with the Privacy Policy, comprise the entire agreement between you and the Company regarding the use of the Service. If any provision of these Terms of Use are held invalid, the remainder hereof shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. You agree that your Castro account is non-transferable and all of your rights to your profile or contents within your Castro account terminate upon your death or termination from the Service. No agency, partnership, joint venture or employment is created as a result of these Terms of Use and you may not make any representations or bind the Company in any manner.
State-Specific Terms. The following provisions are added to these Terms of Use for users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: you, the buyer, may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel the membership and your payment though Apple, please see the instructions in the app. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Service) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Questions? Concerns? Suggestions?
Please contact us at contact@castroapp.com to report any violations of these Terms of Use or to pose any questions regarding the Company, these Terms of Use or the Service.
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