OutThere Logo

Terms of Service

OUTTHERE TERMS OF SERVICE

Effective Date: [4/15/2025]

Last Modified: [4/15/2025]

These OutThere Terms of Service ("Terms") apply to your access to and use of the websites, mobile apps, and other online products and services (collectively, the "Services") provided by OutThere Collective LLC ("OutThere," "we", "us", or "our"). By accessing the Services, you agree to be bound by these Terms.

OUR SERVICES
The OutThere mobile application is an online, local event board focused on bringing the community together around shared interests. To do that, we provide a digital space where users can interact with and create events and communities. This digital space may be personalized to each user based on their activity, so you can see events and communities that may be of interest to you.

We’re actively developing new features and products to improve the Services. As part of these efforts, we may add or remove features, start offering new services, or stop offering some services entirely. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the Services, and your content may not be accessible due to such outages or changes. We are not liable for any such outages or service changes.

YOUR ACCOUNT AND ACCOUNT SECURITY
To access certain features of our Services, you may be required to create an OutThere account. To create an account, you’ll need to provide your name, a username, password, and email address.

You are responsible for the security of your account, and you agree to contact us immediately if you believe your account has been compromised. We recommend that you use a strong password that is used only with your OutThere account.

CONTENT IN OUR SERVICES
The Services may contain content, like information, text, links, photos, documents, or other materials. This content includes:

Your content. Content that you upload, post, and share to the Services. This includes any content that you might post on your user profile or as part of an event or community that you create or interact with. While you don’t have to add content to the Services, if you do, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in this section of these Terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content. Please note that when you add content to an event or community, this content is accessible by all users of OutThere that are in the geographic radius for that event or community.

You own your content, but you give us a license to it when you add it to OutThere. We don’t own any intellectual property rights over your content. But by using the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving the Services:

  • Use, copy, store, distribute, and communicate your content in manners consistent with your use of the Services;

  • Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others;

  • Monitor, modify, translate, and reformat your content; and

  • Sublicense your content, to allow our services to work as intended.

    We reserve the right to block, remove, and/or permanently delete your content for any reason, including if it is in breach of these Terms, including our Community Guidelines. You’re welcome to give us feedback on our Services, and by sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

    OutThere’s content. The Services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use our software as outlined in these terms. We retain all intellectual property rights in our content.

    Other user’s content. You may also see other user’s content in the Services. You may not use this content without that user’s consent or as allowed by law. Other user’s content is theirs and does not necessarily reflect OutThere’s own views. OutThere does not endorse or verify the accuracy or reliability of content shared by its users. We work hard to try to make OutThere a safe, positive, and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.

    Third party content. Our services may also route you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you and are not responsible for the content or services available from these websites or resources.

COPYRIGHT
We respect the intellectual property of others and expect our users to do the same. If you believe that anything on the Services infringes a copyright or a trademark that you own or control, please reach out to copyright@outthere.app.

MINIMUM AGE REQUIREMENT
By accessing the Services, you confirm that you’re at least 16 years old. If you are old enough to access the Services, but not old enough to have authority to consent to these Terms, your parent or legal guardian must agree to these Terms on your behalf. Please ask your parent or legal guardian to read these Terms with you. If you’re a parent or legal guardian, and you allow your child (who must meet the minimum age requirement) to use the Services, then these Terms also apply to you, and you’re responsible for your child’s activity on the Services.

YOUR USE OF THE SERVICES
Subject to your complete and ongoing compliance with these Terms, OutThere grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms.

You may not, without our written agreement:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services; or
  • access the Services to build a similar or competitive website, product, or service.

RESTRICTIONS ON YOUR USE
When using the Services, you must comply with these Terms, all applicable laws, rules, and regulations, and our Community Guidelines. You may not do, attempt to do, or encourage others to:

  • Harm yourself or others. Do not access or attempt to access another user’s account or any non-public portions of the Services, infringe anyone else’s intellectual property rights, or exploit, harass, bully, or spam other users through the Services. OutThere does not allow any type of harassing, threatening, or hateful behavior, including the use of hate speech or the promotion of violence.
  • Harm the Services. Do not attack our systems, scrape the Services without consent, transmit viruses or other malicious code to the Services, violate our intellectual property rights, or otherwise harm the Services.
  • Use the Services for any illegal act or activity.

If you encounter conduct on OutThere that you believe violates these restrictions, including our Community Guidelines, please report this to support@outthere.app.

INDEMNITY
Except to the extent prohibited by law, you agree to defend, indemnify, and hold OutThere, its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors harmless from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

DISCLAIMERS AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUTTHERE DOES NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. OUTTHERE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE OUTTHERE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL OUTTHERE, ITS AFFILIATES, NOR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL OR EVENTS THAT ARE ADVERTISED ON THE SERVICES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF OUTTHERE, ITS AFFILIATES, OR ITS SUPPLIERS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID OUTTHERE IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OUTTHERE, ITS AFFILIATES, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

SETTLING DISPUTES
We truly believe most disputes can be resolved informally. If you have an issue with OutThere or the Services, you agree to reach out to us at support@outthere.app before initiating a lawsuit or taking other legal action.

To the fullest extent permitted by applicable law, any claims arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict of laws rules. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Fulton County, Atlanta, and you and OutThere consent to personal jurisdiction in these courts.

CHANGES TO THESE TERMS
We may update these Terms from time to time. When we make updates, we will publish the updated Terms in the Services. If changes are significant, we’ll provide a more prominent notice as required by law, such as by emailing you or highlighting the changes within the Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Services before the changes become effective.

TERMINATION
You may terminate these Terms at any time and for any reason by deleting your OutThere account and discontinuing use of all the Services. If you stop using the Services without deactivating your account, your account may be deactivated due to prolonged inactivity.

To the fullest extent permitted by applicable law, we may suspend or terminate your OutThere account or ability to access or use the Services at any time for any or no reason, including for violating these Terms.

The following sections will survive any termination of these Terms or of your OutThere account: our rights to retain and display certain data, any indemnification obligation, any disclaimer or warranties, any limitation of liability, and any dispute resolution provision.

MISCELLANEOUS
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

These Terms are a legally-binding agreement between you and OutThere Collective LLC. If there are additional terms that apply to our products or services, the additional terms will control with respect to the use of that particular product or service. If you have any questions about these Terms, please contact us at privacy@outthere.app.