IINKLING TERMS OF USE

This Terms of Use Agreement (the “Agreement”), effective as of January 2, 2015 states the terms and conditions that govern the contractual agreement between Prometheus Attitude, Inc., (“Prometheus”) and you (the “User”) who agrees to be bound by this Agreement in regard to the User’s access to iinkling and www.iinkling.com (collectively, for the purposes of this Agreement, called the “Application”), which is owned and operated by Prometheus.

1. IINKLING.COM. Through the Application, Prometheus facilitates a venue through which Users may connect and seek out potential relationships (the “Service”). By logging onto the Application and/or using the Service, the User agrees to this Agreement and the associated Privacy Policy located elsewhere on the Application. To be eligible to browse the Application and use the Service, the User must be at least 13 years of age.

If you are under the age of 13, you may not download or use iinkling. We do not knowingly collect or maintain information from children under age 13.

If you are between the ages of 13 and 17, you must get your parent or guardian to read and agree to our Terms of Use and Privacy Policy.

Safety and Security

IF YOU ARE UNDER THE AGE OF 18, WE ENCOURAGE YOU TO DISCUSS WITH YOUR PARENT(S) OR GUARDIAN(S) ONLINE SAFETY ISSUES FOR ALL OF YOUR SOCIAL MEDIA MEMBERSHIPS, INCLUDING YOUR IINKLING ACCOUNT.

  1. RELATIONSHIP BETWEEN THE USER AND PROMETHEUS.
  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROMETHEUS, ITS AFFILIATES, OR ITS PARTNERS BE LIABILE FOR ANY LOSSESSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTS, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY USER IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS MET THROUGH THE SERVICE.
  2. GENERAL PERMISSIONS AND RESTRICTIONS WITH REGARD TO USE OF THE APPLICATION.

5. USER GENERATED CONTENT.

a. The User may have the opportunity to post a variety of content on the Application without Prometheus’s approval (the “Content”). The User agrees that in using the Service and the Application, the User shall not post any Content that: (i) advocates for the commission of any illegal activity; (ii) advocates or professes violence or intolerance toward any

specific individual, organization, or belief; (iii) is misleading or inaccurate information that was posted with the intent of misleading other users; (iv) may be deemed obscene (at the sole discretion of Prometheus); (v) may cause a liability for Prometheus, or may cause Prometheus to lose (in whole or in part) the services of any ISPs or suppliers; or (vi) infringes upon the intellectual property or any other right of any third party.

6. PROHIBITED ACTIVITY. In addition to that which is expressly described elsewhere in this Agreement (including using the Application or posting any Content in a manner that is expressly prohibited in Sections 4 & 5), the User agrees and acknowledges that the User is prohibited from any of the following: soliciting money from any other User; stalking (or otherwise harassing) any other User; committing any illegal act through the Application; collecting information of other Users for any purpose; and posting, using, or distributing any information except in a manner that is expressly authorized in accordance with the provisions of this Agreement.

7. USER ACCOUNT.

Site and the Service if the Company determines (in its sole discretion) that any such User has violated this Agreement.

8. TERM AND TERMINATION. This Agreement will remain in effect until terminated by either party. If the User is dissatisfied with the Service or any of the terms and conditions contained herein, the sole and exclusive remedy is to terminate the User Account. The User may delete or disconnect the User Account and participation in the Service at any time. Notwithstanding anything contained in this Agreement to the contrary, Prometheus may, in its sole discretion, terminate the User Account, and discontinue the User’s participation in the Service. Reasons for Prometheus’s determination to so terminate or discontinue the User’s Account or participation as provided for above, include, but are not limited to, if Prometheus believes that the User has violated this Agreement or other policies or guidelines of the Service or that of any other party, or if Prometheus believes that the User’s conduct may be harmful to other consumers, advertisers or licensees who participate in or facilitate the Service.

9. INTELLECTUAL PROPERTY. The Application holds certain content, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, that is the property of Prometheus or its content suppliers and protected by international copyright laws. The Application may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights belonging to Prometheus and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Prometheus and/or other parties is granted to or conferred upon the User.

To notify Prometheus of any copyright-infringing content, please contact us at contact@iinkling.com with the following information in accordance with the Digital Millenium Copyright Act:

 

11. COMMUNICATIONS. Prometheus shall be free to reproduce, use, disclose, and distribute any and all communication conducted with Prometheus through the Application including but not limited to feedback, questions, comments, suggestions and the like (the “Communications”). The User shall have no right of confidentiality in the Communications and Prometheus shall have no obligation to protect the Communications from disclosure. Prometheus shall be free to use any ideas, concepts, know-how, content or techniques contained in the Communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

12. DISCLAIMER OF WARRANTIES. THE USER AGREES NOT TO RELY ON THE APPLICATION, THE SERVICES, OR ANY INFORMATION ON THE APPLICATION. THE SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OR TRADE). PROMETHEUS DISCLAIMS ALL AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY USER, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE APPLICATION BY ANY USER. SOME STATES AND JURISDICTIONS NO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO ALL USERS.

13. RELEASE OF CERTAIN CLAIMS. As the User acknowledges and agrees that Prometheus is not a party to any agreement between Users, all Users hereby release Prometheus from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute between Users, whether at law or in equity. This release does not apply to any claim that Prometheus failed to meet an obligation under this Agreement.

14. INDEMNIFICATION. The User agrees to defend, hold harmless, and indemnify Prometheus from and against any and all losses, costs, expenses, damages, or other liabilities (including reasonable attorneys’ fees and costs) incurred by Prometheus arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third party against Prometheus (i) in connection with the User’s use of the Application or Services; (ii) in connection with any Content posted to the Application by the User; or (iii) any harm caused by any party with whom the User engaged through the Services.

15. VENUE. This Agreement and the interpretation of the terms herein shall be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. The User irrevocably submits

to the exclusive jurisdiction of the federal and state courts located in San Diego County, California.

16. MANDATORY ARBITRATION. If the User and Prometheus have not been able to resolve a dispute within 60 days of Prometheus being notified or notifying the User of such dispute, both parties agree to resolve any dispute by binding arbitration before a mutually-agreed-upon arbitrator located in San Diego County, California.

a. The User agrees that the Federal Arbitration Act and the internal substantive laws of the State of California, REGARDLESS OF THE USER’S COUNTRY OR STATE OF ORIGIN OR FROM WHERE THE USER ACCESSES THE APPLICATION, and regardless of any principle of law that may provide for the application of the law of another jurisdiction will govern this Agreement. The User agrees that any claim or dispute the User may have against Prometheus must be resolved by a court located in San Diego County, California. The User hereby submit to the exclusive personal jurisdiction of the courts located within San Diego County, California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, you and Prometheus retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below including any provisional relief required to prevent irreparable harm.

17.ERRORS AND OMISSIONS. The Application may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to the Service. Prometheus shall not assume responsibility or liability for any such inaccuracies, errors or omissions. Prometheus reserves the right to make changes, corrections, cancellations and/or improvements to any information contained on the Application, and to the Services, at any time without notice.

18. THIRD PARTY LINKS. There are links on the Application that lead to third party websites, including those of advertisers. PROMETHEUS IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OF THOSE WEBSITES OR THE COOKIES THOSE WEBSITES USE. IN ADDITION, BECAUSE PROMETHEUS HAS NO CONTROL OVER SUCH WEBSITES AND RESOURCES, THE USER ACKNOWLEDGES AND AGREES THAT PROMETHEUS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES, DOES NOT ENDORSE, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH WEBSITES.

19. NOTICE TO USERS IN CALIFORNIA. 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 (916) 445-1254 or (800) 952-5210.

20. MODIFICATION. Prometheus has the right at any time or from time to time to modify or amend this Agreement. Should Prometheus choose to modify this Agreement the Application will display such changes, which will be User’s only notification of any such change. Any use of the Application or the Service by User after such notification shall constitute User’s acceptance of the modified or amended terms. No modification to this Agreement made by User shall be binding upon Prometheus.

21. FORCE MAJEURE. In the event that Prometheus is unable to perform any of its obligations under this Agreement or to enjoy any of its benefits because of natural disaster, terrorism, fire, explosion, power blackout, earthquake, flood, the elements, strike, embargo, labor disputes, acts of civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, actions or decrees of governmental bodies or communication line failure not the fault of Prometheus or other causes beyond Prometheus’s reasonable control (a “Force Majeure Event”) Prometheus shall immediately give notice to the User and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds seven (7) days from the receipt of notice of the Force Majeure Event, the User may by giving written notice immediately terminate this Agreement.

22. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

IINKLING PRIVACY POLICY

This Privacy Policy, effective as of January 2, 2014, hereby incorporates by reference all terms, conditions, rules, policies, and guidelines on www.iinkling.com and associated application (collectively, the “Application”) including the Terms of Use located elsewhere on the Application. Any use or continued use of the Application signifies your acceptance of this Privacy Policy. Prometheus Attitude, Inc. (“Prometheus”) reserves the right to modify the provisions herein without prior notice to you.

Prometheus has developed this Privacy Policy with the intent to inform you of our policies and practices regarding the collection, use, and disclosure of any Personally Identifiable Information, which shall mean any information that is personally identifiable to you (e.g., your name, address, or email address) and Anonymous Information, which is information that is not linked to your Personally Identifiable Information.

By submitting any Personally Identifiable Information through the Application or by using the Application in any way, you expressly consent to the use of your Personally Identifiable Information in accordance with this Privacy Policy.

MODIFICATION OF THIS PRIVACY POLICY

This Privacy Policy may be updated from time to time as Prometheus deems necessary. In the event Prometheus makes material changes of this Privacy Policy, Prometheus will post such changes, which shall be effective thirty (30) days after such notification. Once any changes to this Privacy Policy become effective, your continued use of the Application shall signify acceptance of such changes.

INFORMATION COLLECTED BY PROMETHEUS

Registration. In order to register as a user with our Application, you will be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook) and other items provided through your Facebook account including your email address, interests, likes, gender, birthday, education history, relationship interests, current city, hometown, photos, videos, personal description, friend list, list of likes, and information about and photos of your Facebook friends who might be common Facebook friends with other users of the Application.

Other Information Volunteered by You. You will also be asked to allow the Application to collect your location information from your device when you download or use the Application. In addition, we may collect and store any personal information you provide while using our Application or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, videos, a personal description and information about your gender and preferences for

 

recommendations, such as search distance, age range and gender. If you chat with other users, we will store the content of such chats.

Automatically Gathered Information. Prometheus automatically collects browser type and browser software version to ensure the best presentation of the Application to your device or computer. Prometheus also may collect IP address information but will not link this information to your Personally Identifiable Information. However, Prometheus reserves the right to use such information should Prometheus determine, in its sole discretion, that that it is necessary to protect its Application, any service it offers, its customers, or itself from any harm.

Cookies. When you browse the Application, you may receive small files called “cookies” on your computer. These small files enable the Application to recognize you and the preferences you may have saved with regard to your use of the Application. Furthermore, the use of cookies allows Prometheus to analyze how you use the Application, for instance, which pages on the Application you visit. You may disable the use of cookies through your browser preferences however some parts of the Application may not function in an optimal manner should you choose to do so.

Correspondence. You may also provide information to Prometheus when you interact with its representatives via email or otherwise. Prometheus reserves the right to retain such correspondence in its records.

Children Under the Age of 13. We do not intentionally collect data from children under the age of 13.

HOW INFORMATION IS USED AND DISCLOSED

Personally Identifiable Information. Prometheus uses Personally Identifiable Information for its own internal purposes including (but not limited to) contacting you to inform you about changes to the Application, the Terms of Use, or this Privacy Policy. Prometheus will not sell, lease, or rent your Personally Identifiable Information to any third party. However, it reserves the right to disclose your information if required by law or if we receive inquiries from law enforcement and Prometheus has a good faith belief that such disclosure is necessary to (i) comply with relevant laws or to respond to subpoenas or warrants served on it; (ii) protect or defend the rights of Prometheus or any other third party; (iii) assist in an investigation; or (iv) respond to an emergency that poses a threat to the safety of any user or other third party.

Advertisers. Although Prometheus will not share personally identifiable information with advertisers, Prometheus may share aggregated user information illustrating the behavior and demographic information of our user base.

Public Information. Through your Iinkling profile, you may make some information accessible to other browsers of the Application.

Employees, Contractors, and Partners. To the extent necessary to provide its users with the services available on the Application, Prometheus may share Personally Identifiable Information with its employees, contractors, and partners. However, every party with whom such information is shared shall be required to execute an agreement binding them to non-disclosure of such information.

Purchase of Prometheus’s Assets. In the event Prometheus, or substantially all its assets are acquired by a third party, Personally Identifiable Information would be shared with the company acquiring such assets.

Anonymous Information. Prometheus may use Anonymous Information for our own internal purposes to analyze and enhance the Application and any service offered. Additionally, Prometheus may share such Anonymous Information with third parties at its discretion.

Security. Prometheus will use commercially reasonable methods to keep Personally Identifiable Information secure from third parties.

CONTACT

In order to contact Prometheus with any questions or concerns with this privacy policy or other general questions about the Application, please email contact@iinkling.com.