Updated on May , 2017
Access and Use
1Degree grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer (except to the extent permitted by applicable law), reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any Content available via the System. You further agree neither to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of 1Degree. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly permitted on the System or otherwise specified in a prior agreement between you and 1Degree. 1Degree does not guarantee any claims related to services rendered outside of the system.
Note that the System may (a) prompt you to grant access to your device’s camera, microphone or contacts, (b) ask you to enable location tracking, and/or (c) allow notifications to be sent to you in connection with your use of the System. In the event that you disable such access or notifications, you understand that the System will lose certain functionality.
Auctions and Rates
Rates are determined by the market. Live Video Chats are offered by users in two-minute increments, and each two-minute increment is auctioned to other users for a set period of time (the “Auction Window”). The two-minute time slots are approximations and may not represent the actual chat length. The winner for each two-minute time slot will be the highest bidder at the end of the Auction Window OR the first user to reach the $200 bid cap (the “Bid Cap”). In the event of a tie, the winner will be picked at random. Every auction is a standalone auction. Winning prior auctions does not increase or decrease a user’s chances of winning subsequent auctions. 1Degree makes no representations or warranties with respect to a user’s device, technology, service or connection when entering into each auction and/or subsequent live video chat.
Charitable Contributions by Users
1Degree may be asked by users to direct auction proceeds to a third-party charity chosen by such users. 1Degree neither controls users’ decisions regarding use of proceeds nor selects the third-party charities. Use of proceeds is entirely at the users’ discretion, and 1Degree merely acts as an intermediary.
Live Video Chat : After winning the auction, you will be prompted to confirm your payment. You are only charged for the Live Video Chat upon confirming your payment. It is the responsibility of the User to ensure strong wi-fi or cellular connectivity when conducting or bidding on an auction to prevent against chat disconnects. 1Degree does not claim responsibility for chat disconnects. While 1Degree will attempt to alert users if connected to the System with limited cellular connectivity, 1Degree is not responsible for users’ device, technology or service. If issues persist, you can contact 1Degree via email, info@1DegreeApp.com.
Trashing a Conversation : During a Live Video Chat either user may press the “trash” button displayed on the screen to end the conversation. In the event a conversation is trashed, 1Degree reserves the right to store a copy of the video for a period of time in order to review the conversation for misconduct (See User Responsibility; No Unlawful or Prohibited Use for more information). 1Degree, in its sole judgment, determines what defines misconduct and can subsequently take whatever action it deems necessary.
Screenshots : Taking a photo of the screen (a “Screenshot”) is considered user misconduct and falls under Prohibited Use (see below).
Any use or attempted use of the System (i) for any unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by 1Degree to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not: * Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; * Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any 1Degree representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; * Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); * Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; * Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; * Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); * Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise; * Violate any applicable local, state, national or international law; * Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, other proprietary right, publicity, personality, privacy rights of any party; * Delete or revise any material posted by any other person or entity; * Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems; * Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so; * Harvest or otherwise collect information about others, including e-mail addresses; or * Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
Any images, information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. 1Degree does not own any Submissions provided via the System. However, by uploading/inputting/submitting such Submissions, you are granting 1Degree a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein); except that, with respect to Submissions made pursuant to a separate agreement between 1Degree and a user (i.e., a influencer or other public figure (each a “Influencer”) uploading recordings for viewing by fans), 1Degree’s rights in such Submissions shall be limited as set forth in a separate agreement between the parties. All Submissions uploaded/inputted/submitted by you are provided at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
Notice Regarding Copyright Agent
If you believe that any content on the System violates or infringes upon your copyright interests pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable portion of the System containing the following:
· An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
· Identification of the copyrighted work claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit 1Degree to locate the material;
· The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
· A representation that the complaining party has 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;
· A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to:
2101 Arlington Blvd. #144
Charlottesville, Virginia 22903
Disclaimer of Warranties
1Degree does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or 1Degree, or that you access, use, download, or otherwise obtain on or through the System or 1Degree, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. The information, software, CONTENT, SERVICES, AND materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. 1Degree AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH 1Degree ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH 1Degree ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. 1Degree PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, 1Degree ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. 1Degree SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM.
1Degree reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
Typographical Errors : The System could include technical inaccuracies or typographical errors. 1Degree shall have no liability in connection with any such inaccuracies or errors, nor shall 1Degree have any obligation to identify and/or correct any such inaccuracies or errors.
Viruses : All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.
Links to Other Content : For your convenience, certain hyperlinks may be provided on the System that link to other applications or websites which are not under the control of 1Degree (the “Linked Content”). 1Degree does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Content. 1Degree disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other applications or websites, and any purchases of products or services is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against 1Degree arising from or based upon any such use of other applications, websites, or content contained therein (including the Linked Content). Hyperlinks to such Linked Content on the System do not imply that: (a) 1Degree is affiliated or associated with any Linked Content; (b) 1Degree is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of 1Degree.
Disclaimer of Third Party Information : The System may contain offers for sale of merchandise or services not provided by 1Degree. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the System and a merchant’s website will be governed by the terms shown on the merchant’s site. 1Degree is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
To the extent that any information, services, videos, recordings, material, or functionality on the System is provided by third party content providers or an Influencer (“Third Party Materials”), 1Degree has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers or such Influencer (as applicable). 1Degree does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with 1Degree.
*Accounts, Passwords, and Security* Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify 1Degree immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by 1Degree or any other user of or visitor to the System due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. 1Degree cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
YOU AND 1Degree EACH WAIVE THE RIGHT TO BRING CLAIMS ON A REPRESENTATIVE OR CLASS BASIS, EVEN IF ICC PROCEDURES OR RULES WOULD ALLOW IT. The arbitrator may award monetary 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. IF THIS CLASS ACTION WAIVER IS DEEMED UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SHALL BE DEEMED UNENFORCEABLE. IN NO CIRCUMSTANCE SHALL CLASS CLAIMS BE BROUGHT OR ADJUDICATED IN ARBITRATION.
If you don’t agree to the Terms & Conditions contained in this Agreement, please cease use of the System.
Updated on May 26, 2017
1. What information does 1Degree collect?
Some features of our System may use location information that is provided by your device. Before location information can be collected or used, you must first opt-in to activate these Services. If you enable these features, we will automatically collect and store location information from a device you designate which is capable of producing location data (e.g., mobile device or tablet). This location information may include your current location, cellular reception, or places you have recently visited. We also may aggregate this information, but this information will only be used for 1Degree’s internal purposes and to provide information requested by you. If you do not wish for us to collect and store this information, do not enable these features.
By placing a small file known as a “cookie” on the device by which you access the System, 1Degree’s (and its third party service providers’) servers may passively gather information about visitors’ use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information, as allowed by applicable law.
The information that we and our third party service providers track with cookies may include, but is not necessarily limited to, the type of browser and Internet-connected device being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages or functionality you access on the System, how long you view each page or use each functionality, the time and date you access our System and the total number of visitors to the System and any portions thereof.
Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser or device to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.
2. What about content users choose to display publicly?
1Degree assumes no responsibility for securing any other content you submit on the Site, Application or otherwise. We are not responsible for Personal Information or non-identifying information you submit through any public area of the Site or Application or through third-party forums, such as Facebook, Twitter other social media platforms, message boards or chat rooms. Such publicly displayed content includes, but is not limited to, your public username or any posts or pictures you make to the Site or Application. 1Degree reserves the right to use select user content made public in promotional material.
3. How does 1Degree use information gathered from System users?
4. Does 1Degree share user information with third parties?
We do not sell, rent, or lease our user lists or the identity of individual users to third parties. However, 1Degree may use and disclose certain aggregated, anonymized information, such as System usage data, to our affiliates, subsidiaries, or trusted business partners. Such information may also be shared with other users or the general public for advertising, informational, or comparison purposes. However, such information shall not be personally identifiable to any user.
As 1Degree grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, customer information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy, liquidation or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.
5. Are children allowed to use the Site or Application?
To register for an account on the System or request Services from Influencers, you must be at least 18 years of age or older and have reached the age of majority in your jurisdiction. If you are under the age 18 years old or have not yet reached the age of majority in your jurisdiction, you may only use the System with the involvement of a parent or legal guardian.
We strive to be fully compliant with the Children’s Online Privacy Protection Act (“COPPA”) and strongly encourage parents and guardians to regularly monitor and supervise their children’s online activities. We do not knowingly collect personally identifiable information from children under 13 on the System without first obtaining verifiable consent from the child’s parent or guardian. If you are a parent or guardian of a child under 13 years old, you provide your verifiable parental consent for our collection of such child’s personally identifiable information on the System and further evidence such consent by paying for Services on the System.
We do not require your child to provide more personally identifiable information than is reasonably necessary to use the applicable Services or portion of the System. Furthermore, if you would like to review personally identifiable information about your child that we have on file, or request that certain information be changed or deleted, please send an e-mail to info@1DegreeApp.com.
If a child under the age of 13 has provided personally identifiable information on the System without the consent of his or her parent or guardian, we ask that a parent or guardian send an e-mail to info@1DegreeApp.com, and we will delete the child’s personally identifiable information from our files.
*NOTICE: Visit https://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online for information from the Federal Trade Commission about protecting children’s privacy on-line. *
6. How does 1Degree protect user information?
Notwithstanding the foregoing, 1Degree cannot guarantee the security of your Personal Information. When you communicate with 1Degree electronically or otherwise submit your Personal Information, your communication is not necessarily secure and is subject to all of the risks of communication, such as unauthorized entry or use, hardware or software failure, and other factors that may compromise the security of Personal Information at any time. 1Degree assumes no responsibility for the security of any Personal Information you submit. In the event of a data breach, 1Degree will promptly notify users via email and by a notification posted to the Site and Application. 1Degree reserves the right to update or otherwise alter our security practices if and when we deem appropriate.
7. How do I opt out of receiving communications from 1Degree?
Those individuals who agree to receive notifications, provide us with your email address, create an account on the Application, or otherwise evince an interest in or consent to receiving communications from 1Degree may receive notifications, email or other communications from us electronically. We consider, and you hereby acknowledge and agree, that providing a Submission or creating an account on the Application (or otherwise through the System) constitutes valid consent to receive notifications, messages or other communications from 1Degree. However, if you would no longer like to receive emailed special offer information, notifications or other messages from us, please click the link at the bottom of any email you receive from us and follow the instructions to opt-out of promotional emails. To opt-out of notifications, disable the Application’s notification capability on your device. Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process. Please note that even if you opt-out as described above and unless otherwise prohibited by applicable law, 1Degree will retain your Collected Information for analytical purposes and other internal purposes including an ability to reconnect you with such Collected Information if you later opt-in to any of the data sharing, use or communications set forth above.
8. May I review, update or delete my Personal Information collected by 1Degree?
You may contact us at:
2101 Arlington Blvd. #144
Charlottesville, Virginia 22903
9. What about website links between 1Degree and third parties?
10. Should the site be used by persons outside the United States?
This Site and the Application originate from the United States of America. 1Degree does not claim that the Site, the Application, or the content and features on any of the foregoing are appropriate or may be used outside of the United States of America. Access to the Site, the Application, or the content and features on any of the foregoing by certain persons or in certain countries may not be lawful, and any such access or use from outside of the United States of America is at your own risk and is subject to the laws of your jurisdiction.