Welcome to SAY NO TO GHOSTING!
Ghosting is a major problem while communicating online. Unresponded messages and destroyed plans may cause mental issues and problems with self-esteem. SAY NO TO GHOSTING is a space where you can share your ghosting story anonymously.
These Terms of Service (“Terms”) govern your use of SAY NO TO GHOSTING and the content (collectively as “SAY NO TO GHOSTING”, "us", "we", or "our") offered through our website stopghosting.me and its subdomains (the “Website”),
Your access to and use of SAY NO TO GHOSTING is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access SAY NO TO GHOSTING.
The aforementioned defines the conditions for the use of SAY NO TO GHOSTING.
The term “device” refers to the device which is used to access SAY NO TO GHOSTING including but not limited to computers, smartphones and tablets.
When you use or access SAY NO TO GHOSTING, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using SAY NO TO GHOSTING, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using or accessing SAY NO TO GHOSTING.
1. OUR FEATURE
1.1. SAY NO TO GHOSTING offers a you an opportunity to share a story of you been ghosted.
1.2. SAY NO TO GHOSTING is a provider of software and content developed to improve your mood and wellbeing by sharing your ghosting experience with others.
Despite that, we neither provide healthcare or medical Service, nor consider SAY NO TO GHOSTING to be medical care, mental health Service or other professional Service. Only your doctor, therapist or any other healthcare provider can do that. SAY NO TO GHOSTING MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT SAY NO TO GHOSTING PROVIDES A THERAPEUTIC AND/OR HELP.
1.3. Please do not use SAY NO TO GHOSTING for emergency situations. Provided you suggest having a medical or mental health emergency, call ambulance or go to the doctor or therapist. We are not liable for any mental disorders or tendency to suicide of users.
2. USING SAY NO TO GHOSTING
2.1. By using SAY NO TO GHOSTING you represent and warrant that you have the right, authority and capacity to enter into this Terms and to abide by all of the terms and conditions of this Terms. You also represent and warrant that you are at least 18 years old.
2.2. If you have a story of you been ghosted and want to share it via SAY NO TO GHOSTING, you should insert your email and your story in the form at our Website and press button “SHARE & GET BONUS”. We choose the stories to be published at our sole discretion. The stories are published anonymously – the do not contain your email.
2.3. If you share your story with us – you are entitled to receive 500 Neurons at EVA AI (https://www.evaapp.ai/). After you share the story we will get in touch with you via your specified email to give 500 Neurons to your EVA AI account.
2.4. You agree not to:
- Upload any story which is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
- Advertise or offer to sell or buy any goods or service in your story;
- Promote any criminal activity or enterprise or provide instructional information about illegal activities;
2.5. The Service is solely for your personal use.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. SAY NO TO GHOSTING owns licenses or otherwise retains all intellectual property rights in the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
By your use of SAY NO TO GHOSTING you automatically grant, represent and warrant that You have the right to grant to SAY NO TO GHOSTING an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
3.2. Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on SAY NO TO GHOSTING in a way that constitutes copyright infringement, please supply SAY NO TO GHOSTING copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on SAY NO TO GHOSTING; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
4. LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall 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 such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold us and our licensee and licensors, and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
6. LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event shall we, nor our directors, employees, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, cost of procurement of SAY NO TO GHOSTING interruptions, even if we know or have been advised of the possibility of such damages resulting from (i) your access to or use of or inability to access or use SAY NO TO GHOSTING; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of use of your account.
Your use of SAY NO TO GHOSTING is at your sole risk. SAY NO TO GHOSTING is provided on an "AS IS" and "AS AVAILABLE" basis and is provided without warranties of any kind, whether express, statutory or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We and our subsidiaries, affiliates, and licensors do not warrant that a) SAY NO TO GHOSTING will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) SAY NO TO GHOSTING is free of viruses or other harmful components; d) the results of using SAY NO TO GHOSTING will meet your requirements and expectations or success.
Although each user must agree to the Terms, we cannot guarantee that each user is at least the required minimum age. In addition, it is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that you may be involuntarily exposed to such offensive or obscene materials. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Service.
Section applicable to NON-US RESIDENTS:
You acknowledge that the transactions involving your use of the Website took place in the country of incorporation of the Company owning EVA AI. Any dispute or claim relating in any way to your visit to SAY NO TO GHOSTING will be resolved by binding arbitration under the LCIA Rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in London, UK. The language to be used in the arbitral proceedings shall be English. The governing law of this Agreement shall be the substantive law of the country of incorporation of the Company owning EVA AI.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this Agreement, as a court would.
The LCIA’s Rules are available at www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Section applicable to US RESIDENTS:
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SAY NO TO GHOSTING. You thus 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. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of SAY NO TO GHOSTING.
Informal Process First.
You agree to first contact SAY NO TO GHOSTING Customer Support by email and attempt to resolve the dispute with us informally for a period of 60 days.
If the dispute has not been resolved in 60 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
The American Arbitration Association («AAA») will administer the arbitration. In the event the AAA declines to administer the arbitration, the arbitrator(s) will be appointed by the New York Supreme Court located in New York County, New York pursuant to New York Civil Practice Law and Rules («CPLR») § 7504. The parties irrevocably consent to the jurisdiction of the courts of the State of New York for the purpose of administering an arbitration under Article 75 of the CPLR. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights, or to seek other relief in connection with the arbitration.
Arbitrator and Rules.
If the arbitration involves claims totaling less than US $250,000, the arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Consumer Arbitration Rules and AAA Consumer Due Process Protocol. If the arbitration involves claims totaling more than US $250,000, the arbitration will be conducted before three neutral arbitrators, whose decision will be final and binding, and the arbitral proceedings will be governed by the United States Federal Arbitration Act and the AAA Commercial Arbitration Rules and AAA Consumer Due Process Protocol. The AAA rules may be found online at www.adr.org.
Location of Arbitration.
The arbitration will be conducted in New York City, New York, USA, or such other place as chosen by the Arbitration Tribunal. If you live in the United States, you have the right to ask the Arbitration Tribunal to conduct the arbitration near your home if the arbitration involves an in-person hearing.
Costs and Fees.
Payment of all filing, administration and arbitrator fees and costs will be governed by AAA rules, but if you are financially unable to pay any of them, SAY NO TO GHOSTING will pay them for You.
Starting an Arbitration.
A party who intends to seek arbitration must file a claim with the American Arbitration Association and pay the required fee. The instructions for filing a claim may be found online at www.adr.org.
Your Right to Sue in Small Claims Court.
Provided you live in the United States, you may sue for US $5,000 or less in a small claims court of competent jurisdiction as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against SAY NO TO GHOSTING.
CLASS ACTION AND JURY TRIAL WAIVER.
YOU AND SAY NO TO GHOSTING AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SAY NO TO GHOSTING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
13. YOUR PRIVACY
At SAY NO TO GHOSTING, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal data inserted in the form at our Website.