HER INTERACTIVE FOCAL APP TERMS OF USE AND END USER LICENSE AGREEMENT

General Terms and Conditions
Welcome to Focal! Focal is a mobile Internet application that allows users to connect with one another via certain aggregated third-party social networking services (collectively, the “Services”). The Services and this mobile application (the “App”) are provided by Her Interactive.

These Terms of Use and End User License Agreement (collectively, the “Terms”) are a legal agreement between Her Interactive and you only, and not with Apple Inc. (“Apple”). Her Interactive, and not Apple, is solely responsible for the App. These Terms govern your access to and use of the App and the Services available through the App. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP OR THE SERVICES. BY ACCESSING THE APP, CREATING AN ACCOUNT AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE APP OR THE SERVICES. HER INTERACTIVE’S ACCEPTANCE OF YOUR USE OF THE APP AND/OR THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN.

If you are 12 years old or younger, you may not download, register for or use the App and/or the Services. BY ACCESSING THE APP, REGISTERING FOR AN ACCOUNT AND/OR USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 AND ARE ACCEPTING THESE TERMS.

Any conflict between these Terms and the Terms of Service of the Apple App Store shall be resolved in favor of the Terms of Service of the Apple App Store. Without limiting the foregoing, when you use certain features of the Services, such as features incorporating third-party social networking services, your use of such features will also be subject to the guidelines, terms, agreements and conditions applicable to such third-party services (the “Policies”). All such Policies are incorporated into these Terms by reference. The Policies may be changed or modified at any time. You are solely responsible for reviewing and becoming familiar with the Policies and any changes thereto.

In these Terms, the use of the words “Her Interactive”, “we”, “our,” and “us” refer to Her Interactive. The words “user,” “you,” and “your” refer to persons or entities that access and/or use the App or the Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the App and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.

We reserve the right to change or modify these Terms or any policy or guideline of the App and the Services we offer at any time. We will notify registered users of changes by posting updates to www.focalsocial.com . Your use of the App and the Services will be subject to the most current version of these Terms posted on www.focalsocial.com at the time of your use. We recommend that you check www.focalsocial.com from time to time to inform yourself of any changes in these Terms or any of our other policies, and you are solely responsible for reviewing and becoming familiar with any modifications to these Terms.

1. Registration Data

To use the Services, you must register for an account. By registering for an account, you represent and warrant that you are at least 13 years of age. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with these Terms. You represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You represent that you are the sole registrant and user of third-party social networking service account(s) to which you link the App. Use of the Services is void where prohibited.

2. Fees and Payment; Support

Her Interactive may now or in the future charge a fee for certain service offerings, either on a one-time or subscription basis, including but not limited to for technical support services provided by Her Interactive. Apple has no obligation to furnish any maintenance or support services with respect to the App. When you purchase a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. Her Interactive may change the fee(s) charged for services from time to time. Changes to the fee schedule are effective upon posting the changes through the App. Her Interactive may choose to temporarily change the fees for services for promotional events or new services, and such changes are effective when such temporary promotional events or new services are posted through the App. All sales are final, and Her Interactive will not issue any refunds, including refunds for prepaid monthly fees. Unless otherwise stated, all fees are quoted in U.S. Dollars.

3. Trademarks and Materials

Her Interactive’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “App Materials”) are all property of Her Interactive and are protected by intellectual property law. Use of these items is subject to these Terms and is only permitted within normal use of the App and/or the Services. Your use of the App and/or the Services grants you no right or license to reproduce or otherwise use any Her Interactive or third-party trademarks except as expressly set forth herein.

4. Limited License

You may access and use the App and/or the Services only in compliance with these Terms and all applicable local, state, national, and international law, rules, and regulations.

You are granted a limited, non-sublicensable and non-transferrable license to access the App and use the Services on any iOS-based device that you own or control and as permitted by the Usage Rules and Restrictions set forth below, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the App Materials (except third party content) for your personal, informational and internal use only. This license does not allow you to access the App on any iOS-based device that you do not own or control.

Any use of the App, the Services or the App Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to revoke your authorization to access or use the App and the Services if we believe in good faith that you have violated these Terms, Her Interactive’s User Behavior Guidelines (available at www.focalsocial.com) which are incorporated into these Terms by reference, or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.

5. Usage Rules and Restrictions

You shall be authorized to access the App and use the Services only for personal, noncommercial use on any device you own or control; The delivery of the App to your device(s) does not transfer to you any commercial or promotional use rights in the App.

You acknowledge that, because some aspects of the iTunes Service, iTunes Products, and administration of the Usage Rules entails the ongoing involvement of Apple, if Apple changes any part of or discontinues the iTunes Service, which Apple may do at its election, you may not be able to use iTunes Products, including the App, to the same extent as prior to such change or discontinuation, and that neither Her Interactive nor Apple shall have any liability to you in such case.

Content provided through the App by third parties, including Third Party Services (defined below), may be subject to additional or different terms. You are responsible for reviewing and complying with such terms.

You shall not: (i) resell or make any non-internal use of the App, the Services or the App Materials (or any portion thereof), such as by publicly displaying or distributing the App Materials or any portion thereof, unless expressly authorized in writing by Her Interactive; (ii) distribute, publicly perform or publicly display any App Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the App, the Services or the App Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any App Materials or other content or information used by the App or the Services; (v) violate the restrictions in any robot exclusion headers on the App or the Services or bypass or circumvent other measures used to prevent or limit access to the App or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by Her Interactive; (viii) “frame”, “mirror” or otherwise incorporate any part of the App or the Services into any other web site, unless expressly authorized in writing by Her Interactive; or (ix) use the App, the Services or the App Materials other than for their intended purpose and as expressly permitted by these Terms.

6. Third Party Social Networking Services

The App and the Services allow (or may in the future allow) you to select, input, upload and share information and data in connection with and through designated user accounts (“User Accounts”) maintained by you on certain third-party social networking services (“Third Party Services”). The App and the Services allow (or may in the future allow) you to access Third Party Services using the App and/or the Services to post, link, message users of Third Party Services or otherwise act on a wide variety of information accessed by the App and/or the Services and originating from User Accounts on Third Party Services, and to collect data and generate reports based on these activities (collectively, “Third Party Service Materials”). You are solely responsible for Third Party Service Materials. By accessing Third Party Services through the App and/or the Services, you represent and warrant that you have the lawful right to access such Third Party Services, and that the creation, distribution and reproduction of the Third Party Service Materials complies with the terms applicable to the Third Party Services. You shall ensure that your use of the App and the Services, including use of Third Party Service Materials with the App and/or the Services and Third Party Services, does not contain code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, by introducing viruses or similar code into the App or the Services, hosted systems or servers, or systems or servers maintained by providers of Third Party Services accessed through the App or the Services. Her Interactive is not responsible for any loss or damage to Third Party Service Materials. You assume all risks for the Third Party Service Materials and are solely responsible for protecting and backing up the same.

7. User Content

The App may now or in the future allow users to select, input, upload and share information and data, including but not limited to photographs, in connection with the Services and allows you or other users to post, link, store or otherwise make available a wide variety of information, text and/or other materials to the user or others in connection with the use of the Services or otherwise (collectively, “User Content”). You are solely responsible for your use of any User Content and use such User Content at your own risk. By posting any User Content, you represent and warrant that you own and control all of the rights to the User Content that you post, or that you otherwise have the lawful right to distribute and reproduce such User Content and to grant Her Interactive the license for the User Content described below and that your use and posting of such User Content does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for any third party. By posting any User Content, you acknowledge that once posted, User Content is difficult to remove, retrieve, and/or delete from the Internet. By selecting and/or posting any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the App or the Services any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, deceptive, fraudulent or otherwise objectionable (as determined in our sole discretion);

• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or violate any local, state, national or international law;

• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;

• User Content that, in our sole discretion, is objectionable or which restricts or inhibits any other person from using and/or benefiting from our Services, including, without limitation, User Content that contains or installs any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• User Content that provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

• User Content intended or perceived to threaten, bully or otherwise harass another;

• User Content that is spam, is machine- or randomly-generated, contains unethical or unwanted commercial content, furthers unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);

• User Content that violates Her Interactive’s User Behavior Guidelines; and/or

• User Content that attempts to disrupt the Site or Services.

We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

As a provider of interactive services, we are not liable for any statements, representations, User Content, Third Party Service Materials or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the App or through the Services.

You acknowledge, consent and agree that Her Interactive may access, preserve and disclose your account information, User Content and/or Third Party Service Materials to persons including, but not limited to, law enforcement authorities and/or your parent(s) or guardian(s) if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any User Content violates the rights of third parties; respond to your requests for customer service; or protect the rights, property or personal safety of Her Interactive, its users and the public.

8. Third Party Links

The App may contain links to sites or online services not under the control of Her Interactive. Her Interactive does not assume, and expressly disclaims any and all, responsibility for the content of any page not on the App. Links to third-party sites or online services on the App are provided solely as a convenience to you. Her Interactive has not reviewed these third-party sites or online services, and does not control and is not responsible for any such sites and online services or content displayed thereon. If you decide to access any of the third-party sites or online services linked to the App, you do so entirely at your own risk, and the inclusion of any third-party link on the App does not imply any endorsement or guarantee whatsoever by Her Interactive of such third-party site or online service. Once you link to a third-party site or online service, you are subject to the terms of use and privacy policy of such site or online service.

9. Modifications to the Services

The Services that Her Interactive provides are always evolving and the form and nature of the Services that Her Interactive provides may change from time to time without prior notice to you. In addition, Her Interactive may stop (permanently or temporarily) providing the App and/or the Services (or any features within the App and/or the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on your use and storage of User Content at our sole discretion at any time without prior notice to you.

10. Term and Termination

Your account will remain in effect until the earlier of your account deletion or our termination of the Services. To delete your account, please follow the instructions on www.focalsocial.com to remove all of your social media accounts and delete your focal account. Notwithstanding anything to the contrary herein, we have the right, without notice and in our sole discretion, to terminate the Services. Cancellation or termination will result in the deletion of your account and all User Content and/or Third Party Service Materials associated with your account.

11. Advertisements and Promotions

We may now or in the future allow advertisers and corporate partners to post content on the App and within our Services and provide links to sites and content of third parties (collectively the “Advertiser and Corporate Partner Content”) as a service to those interested in this information. These advertisements may be targeted to users based on the content of the App and/or Services; they will not be targeted to individual users based on those users’ activity within the App and/or the Services. We do not control, endorse or adopt any Advertiser and Corporate Partner Content and we make no representation or warranties of any kind regarding the Advertiser and Corporate Partner Content. The types and extent of advertising by Her Interactive on the App or in connection with the Services are subject to change.

12. Feedback

You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Her Interactive, its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

13. Indemnification

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the App, the Services and/or the App Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.

14. Disclaimer of Warranties

THE APP, THE SERVICES, THE APP MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE APP, THE SERVICES AND THE APP MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. HER INTERACTIVE AND OUR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HER INTERACTIVE AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE APP, THE SERVICES, THE APP MATERIALS AND THE USER CONTENT. HER INTERACTIVE AND OUR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE APP OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE APP OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE APP OR THROUGH THE SERVICES OR ANY USER CONTENT.

YOU AGREE THAT YOUR USE OF THE APP, THE SERVICES, THE APP MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE APP AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. HER INTERACTIVE DOES NOT WARRANT THAT THE APP, THE SERVICES, THE APP MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE APP OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. HER INTERACTIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE SERVICES, THE APP MATERIALS OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST HER INTERACTIVE, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE APP, THE SERVICES, THE APP MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Her Interactive.

15. Limitation of Liability

HER INTERACTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL HER INTERACTIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, THE SERVICES, THE APP MATERIALS OR ANY USER CONTENT;

• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;

• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP;

• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP, OR APPS LINKED TO BY THIS APP, BY ANY THIRD PARTY; AND/OR

• ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY HER INTERACTIVE OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HER INTERACTIVE IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL HER INTERACTIVE’S AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

16. Claims

You acknowledge that Her Interactive, and not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or Services or your possession of the App or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, subject to the above limitations. You further acknowledge that, in the event of any third party claim that the App and/or Services or your possession of the App or use of the Services infringes that third party’s intellectual property rights, Her Interactive, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to the above limitations.

17. Copyright Infringement and Complaints

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the App and the Services for users who we have deemed, in our sole discretion, to be repeat infringers. We may also, at our sole discretion, limit and/or terminate access to the App and the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on our App infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Stuart Moulder

Full address of Designated Agent to which notification should be sent: Her Interactive, 1150 - 114th Ave. S.E., Suite 200, Bellevue, WA 98004

Telephone Number of Designated Agent: 425-289-2801

E-Mail Address of Designated Agent: support@focalsocial.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in disabling access to the material or activity claimed to be infringing.

18. Privacy Policy

Please refer to our Privacy Policy, which also applies to your access and use of the App and the Services, and describes our practices and policies related to the collection, use and storage of information about users of the App and/or the Services. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Her Interactive will not knowingly request or collect Personal Information from any child under age 13.

19. Applicable Law and Venue

These Terms and your use of the App and/or the Services will be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the App and/or the Services will be filed only in the state and federal courts located in Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or your use of the App and/or the Services.

20. Entire Agreement

These Terms, including all Policies, constitute the entire agreement between Her Interactive and you concerning the App and the Services. These Terms supersede any and all prior agreements or communications between Her Interactive and you concerning the subject matter of these Terms.

21. Waiver and Severability

No waiver by Her Interactive of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Her Interactive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

22. Assignment

These Terms are not assignable, transferable, or sublicensable by you except with Her Interactive’s prior written consent. Her Interactive may assign this Agreement in whole or in part at any time without your consent.

23. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions herein, Apple will have the right (and will be deemed to have accepted the right) as a third party beneficiary to enforce these Terms against you.

24. Government Entity

If you are a United States governmental or quasi-governmental entity, you acknowledge that the App and Services have been developed entirely at private expense. Consistent with 48 C.F.R. 1202.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, you acquire the App with only those rights specifically set forth in these Terms.

Questions & Contact Information

Questions, comments and any other correspondence regarding our App may be directed to us at the email address support@focalsocial.com or at:

Her Interactive Inc. c/o Privacy
1150 - 114th Ave. S.E., Suite 200
Bellevue, WA 98004

Last Updated: January 14, 2013.

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