By accessing the Qutie application or its website found at www.Qutieapp.com, whether through a mobile device, mobile application or computer (collectively, the “Service”), owned and operated by LGBT Media Inc., you agree to be bound by these Terms of Service (this “Agreement”), whether or not you create a Qutie account. If you wish to create an Qutie account and make use of the Service, please read these Terms of Service. The Terms of Service set forth below are binding on all users of this Service. By directing your browser to this Service or otherwise accessing the pages of this Service, you accept these Terms of Service. LGBT Media Inc. (the “Company”) may change the Terms of Service at any time at its sole discretion.
As members of the LGBTQ community, we realized that there are limited options for relationship-oriented apps for our community. Most dating apps focus on lesbian women or gay men and are mainly focused on hook-ups. Hook-ups these days are easy to come by. That’s why we created Qutie- to facilitate relationships, friendships and meaningful connections. We aspire for Qutie to become the Go To platform for the LGBTQ community worldwide.
This Service is not intended for persons under 18 years of age. If you are under 18, you are not authorised to use this Service and will not be afforded access to any features of this Service that allow for you to provide information to us or to share information with other users of this Service.
IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.
LGBT MEDIA INC. STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS SERVICE. LGBT MEDIA INC. DOES NOT CONDUCT CRIMINAL OR OTHER BACKGROUND CHECKS ON ITS USERS.
Your safety and security are very important to us. The nature of this Service promotes the sharing of personal information by users with other users. LGBT Media Inc. cannot and does not assure that it is safe for you to have direct contact with other users of this Service. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Service is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via The Contact Us Form so that we may take appropriate action to block further use of the Service by any user who is using this Service and information obtained from it for improper purposes.
IN NO EVENT SHALL LGBT MEDIA INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, SEXUAL HARRASSMENT, SEXUAL ASSAULT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET. YOU UNDERSTAND THAT LGBT MEDIA INC. MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH PEOPLE YOU MEET THROUGH THE SERVICE. LGBT MEDIA INC. ASSUMES NO RESPONSIBILITY FOR VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
The following are some basic safety tips for all users of this or any dating Service:
(a) There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
(b) Never include your last name, E-mail address, home address, phone number, place of work, or any other identifying information in your internet profile or initial e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
(c) If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
(d) Trust your instincts. If something seems suspicious, then you may want to reconsider going on the date.
(e) Try to verify that the member is who they say they are by using things such as, webcam, phone, social media, etc. Use your judgment.
(f) Always meet in a public place for your first date.
(g) Always let a friend or someone you are close with, know where you will be on the date and the time frame just as a precaution.
(h) If you feel that your safety is threatened while you are on a date, always have your phone handy so you could contact someone who could help you or in the worst case scenario, call 911.
These are just some basic tips. Use common sense. Most of the time, there won’t be a problem but like anything else, it’s better to be prepared for all situations.
Personally Identifiable Information is any information that particularly identifies you such as your birth date, name, address, telephone number, social security number and the like. By accessing this Service, you agree to use any personal information provided to you by other users of this Service in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Service for any reason without the express prior consent of the user that has provided such information to you. We cannot guarantee that personally identifiable information provided by you to others will be secure or remain private.
You agree to create only one unique profile which profile shall not misrepresent yourself or be calculated to mislead other users. In addition, in order to maintain the integrity of the Service, by joining, you agree that your use of the Service shall be for the purposes for which it was intended, including Relationships, Networking and Friendship seeking (for example, you may not use the Service solely to compile a report of compatible singles in your area or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services
This Service, the Qutie Mobile App, is free for Basic Membership. If you would like to upgrade to paid Rainbow membership (the “Service”), the following terms apply:
a. Term: The Term for promotions and free trials is limited to the promotional period. After that, should you choose to continue your Rainbow membership, you will be prompted to enter your billing information and be billed on a monthly basis unless a specific package is chosen. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription. The term of a Rainbow membership is on a monthly basis at the then current rates as posted on the Service and will automatically renew from month to month unless cancelled by the user.
b. Automatic Renewal: Your subscription for the Service will continue indefinitely on a month to month basis at the then current rates charged to customers not enrolled in any special package or program, until cancelled by you. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the Change / Cancel Membership portion of the settings in the Mobile App. If you cancel your subscription, it will terminate at the end of the month for which payment has already been received and you may use your subscription until the end of that month.. Your subscription will not be renewed thereafter. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
c. Billing and Payment: Payment will be charged to iTunes Account at confirmation of purchase. LGBT Media Inc. bills you through an online account for use of the Service. You agree to pay LGBT Media Inc. all charges you subscribe for on the Service using this online account. LGBT Media Inc. may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Service when you purchase the Service. You agree to maintain current, complete and accurate information for your billing account at any time you have a subscription. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. All billing notices and other notices shall be sent to the email provided by you and as listed with us.
By subscribing: you authorize LGBT Media Inc. to charge your credit card, debit card or other payment method at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. You also agree that no refunds will be given for monthly membership fees. Upon the renewal of your subscription, if LGBT Media Inc. does not receive payment, you agree that LGBT Media Inc. may either terminate or suspend your subscription and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). If you do not terminate your subscription and/or if you continue to use the Service, you agree that LGBT Media Inc. is authorized to charge the payment method in your online account. LGBT Media Inc. may also seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
LGBT Media Inc. uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the internet or mobile devices; LGBT Media Inc. cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
All rights to the Service are owned and operated by LGBT Media Inc. who shall have access to all data and postings on the Service. LGBT Media Inc. reserves the right, at its sole discretion, to deny further or continuing access to the Service to any visitor, including, without limitation, any user that LGBT Media Inc. determines has violated any aspect of these Terms of Service. LGBT Media Inc. reserves the right, at its sole discretion, to modify and/or change the content of any user profile at any given time. LGBT Media Inc. reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Service or any other act or omission by you that gives rise to a claim by LGBT Media Inc.
In certain instances, LGBT Media Inc. may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.
Each user of this Website will also respect, in the same manner, the proprietary nature of other user’s profiles and postings and not reproduce the same except for personal use as intended by this Website, and will not distribute the same under any circumstances.
This Website may contain links to other websites that are not operated or controlled by LGBT Media Inc. Use of these links to access other Internet sites is at your own risk. LGBT Media Inc. is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these other sites. LGBT Media Inc. establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website(s).
THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT LGBT MEDIA INC.’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS SERVICE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The products and services mentioned or promoted on the Service, including password protected information relating thereto may be changed by LGBT Media Inc. at any time without notice. Information about products or services offered by third parties are referred to on the Service for information purposes only. LGBT Media Inc.’s provision of any such information is not intended to constitute an endorsement or recommendation, by LGBT Media Inc., of such products or services.
USE OF THIS SERVICE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES LGBT MEDIA INC. PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS SERVICE. LGBT MEDIA INC. EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS SERVICE AND ANY GOODS OR SERVICES PURCHASED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. IN NO EVENT SHALL LGBT MEDIA INC. BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE SERVICE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE. LGBT MEDIA INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS SERVICE, THE USE OR INABILITY TO USE THIS SERVICE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS SERVICE OR ANY LINKS TO THIS SERVICE, EVEN IF LGBT MEDIA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT LGBT MEDIA INC. CORRECT THE MATTER OR, IF LGBT MEDIA INC. FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.
Notice of claims or problems associated with the Service should be timely provided to LGBT Media Inc. at Info@LGBTQutie.com.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. In the event of a dispute, users of this Service agree to submit to the jurisdiction of the State of New York, County of Nassau.
Your use of this Service is governed by all applicable laws and regulations of the United States, State of New York, and use of this Service is for United States residents only as this Service does not necessarily comply with applicable foreign laws.
The Service is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Service for any purpose. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Service, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.
In your digital interactions with other users (including, but not limited to: mobile app messages, instant messages, video messages, blog/news postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the Service, you agree that you shall not under any circumstances harass or make mischief against any other user of the Service. LGBT Media Inc. reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, LGBT Media Inc. may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community.
a. 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.
b. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company 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.
c. By posting Content as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
In addition to the types of Content described in Section 14(a) above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
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.
a. Your use of the Service, including all 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 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 this Agreement; (iii) respond to claims that any 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.
b. You agree that any 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.
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:
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account
LGBTQutie may at times offer additional products and services for purchase through the App Store ?, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. In all cases, please refer to the terms of your application platform which apply to your in app purchases.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
This Agreement and all Promotions (including but not limited to Free Trials) connected the Service and/or the Company shall be subject to change or termination by the Company at any time without penalty or recourse.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, 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 this agreement, please follow these instructions:
If you subscribed to Qutie Rainbow Membership using your Apple ID:
To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.” You can also submit a request at https://getsupport.apple.com/ContactInfo.action.
If you subscribed to Qutie Rainbow Membership using your Google Play Store Account:
Please tap the “Contact Us” button in the Settings section on the Qutie app and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store.
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 services of Qutie) 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.
These Terms and Conditions are dated January 1st, 2016