Last Updated: 2024-01-05 PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY AND BE SURE YOU UNDERSTAND ALL OF THE IMPLICATIONS OF THE SAME, NOTING THAT YOUR USE OF THIS PLATFORM IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED HEREIN. 1. Acceptance of Terms By accessing or using the "Down to Chill" mobile application ("the App"), you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use the App. 2. Changes to Terms We, Down to Chill LLC, reserve the right to modify, amend, or replace these Terms of Use at any time. Your continued use of the App after any such changes constitutes your acceptance of the new terms. 3. User Registration Some features of the App may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. 4. User Content You are solely responsible for any content you post or submit through the App ("User Content"). By posting or submitting User Content, you grant Down to Chill LLC, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. All users have the ability to report content that they believe violates this Terms of Use. Any reported content will be reviewed within 24 hours and removed if the content does violate this Terms of Use. 5. Privacy Disclaimer You acknowledge and agree that any information or content you post on the App may be accessible to other users and the public. Down to Chill LLC, disclaims any responsibility for the privacy or security of such information. Exercise caution and discretion when sharing personal information on the App. 6. Use at Your Own Risk You expressly acknowledge and agree that your use of the App is at your sole risk. The App is provided "as is" and "as available" without any warranties, expressed or implied. 7. Prohibited Conduct You agree not to: - Use the App for any illegal purpose or in violation of any applicable laws. - Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. - Attempt to gain unauthorized access to the App or its related systems. - Impersonate or create content as a real person other than yourself. 8. Community Guidelines Users must adhere to community guidelines outlined by Down to Chill LLC. Prohibited conduct includes but is not limited to hate speech, harassment, or any other form of abusive behavior. 9. User Conduct Users are expected to engage respectfully within the platform. Guidelines include avoiding spam, respecting the intellectual property of others, and refraining from any behavior that disrupts the community. All users have the ability "block" other users from their purview. 10. Age Restriction Users must be of a minimum age as specified in compliance with relevant legal regulations, such as COPPA for users under the age of 13. 11. Content Ownership Users retain ownership of the content they create. However, users grant Down to Chill LLC, a license to operate and provide the services, including the right to display and distribute user-generated content. 12. Termination of Accounts User accounts may be terminated for violations of the terms of service, community guidelines, or any other inappropriate behavior. 13. Dispute Resolution Disputes between users or between users and the platform shall be subject to arbitration or mediation before pursuing legal action. 14. Notification of Changes Users will be notified of major changes to the terms of service and are responsible for regularly reviewing the terms for updates. 15. Third-Party Services If the application integrates with third-party services or APIs, users acknowledge the responsibilities and liabilities associated with those services. 16. Data Protection and Privacy User data is collected, used, and protected in accordance with relevant data protection laws and regulations. Users are informed about the use of their data, and targeted advertising practices are transparently communicated. 17. Interstate and International Use The App is intended for use both within and outside the United States. By accessing or using the App, you agree to comply with all applicable laws and regulations, including those related to data privacy and international communications. 18. Limitation of Liability Down to Chill LLC, is not liable for any damages incurred by users while using the platform, to the extent allowed by applicable law. 19. Ban for Violation Down to Chill LLC, reserves the right to ban users and remove associated content for violations of these Terms of Use. Such violations include but are not limited to illegal activities, prohibited conduct, and breaches of intellectual property rights. 20. Duty to Read You acknowledge and agree that it is your duty to read, understand, and abide by these Terms of Use. Ignorance of these terms will not excuse any violations. 21. Severability If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. 22. No Recoverability for Associated Legal Fees In any legal proceeding arising from or related to the use of the App, each party shall bear their own costs and attorney's fees. Users shall not be entitled to recover legal fees or costs from Down to Chill LLC. 23. Governing Law and Venue These Terms of Use are governed by and construed in accordance with the laws of the State of Florida. Any legal action or proceeding arising out of or relating to these Terms of Use shall be venued in the state or federal courts located within the State of Florida. 24. Acceptance of Changes Your use of the App shall act as an understanding and acceptance of these Terms of Use and any change(s) made to them at any point. 25. Indemnity Clause You agree to indemnify and hold Down to Chill LLC, its affiliates, officers, agents, and employees harmless from any claims, demands, losses, liabilities, and expenses (including attorney's fees) arising out of or in connection with your use of the App, your violation of these Terms of Use, or your violation of the rights of any third party. 26. Limitation on Company Liability To the maximum extent permitted by applicable law, Down to Chill LLC, its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the App; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the App; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (f) user content or the defamatory, offensive, or illegal conduct of any third party. 27. Company Intellectual Property Protection All trademarks, service marks, trade names, logos, and other intellectual property rights associated with the App are the property of Down to Chill LLC. You agree not to use, reproduce, or distribute any of these materials without the express written consent of Down to Chill LLC. 28. Contact Information If you have any questions or concerns about these Terms of Use, please contact Down to Chill LLC, at contact@downtochill.app.