MARTINI

MEET NEW PEOPLE

HOW IT WORKS

  1. CREATE A GROUP WITH YOUR FRIENDS
  2. PLAN A MEETUP WITH OTHER GROUPS
  3. GO OUT & HAVE FUN!

FAQ

  • What is Martini?

    Martini is an easy way for you and your friends to meet fun, new people in your city!

    Martini is all about fun groups of friends meeting eachother for mixers in real life! We offer the same opportunity to socialize and mingle as you would find at a bar or club, but without the cheesy pickup lines or unwanted advances from people you're not interested in. And you stil get to decide Who, Where, and When your mixers happen! Martini just streamlines the process.

  • How does it work?

    1. Create an account via Facebook (this keeps the fakers at bay)
    2. Create a group with your friends
    3. Choose which night(s) you want to go out on a mixer
    4. Check out who else is free those nights
    5. Send or recieve invites to meet up
    6. RSVP - seal the deal and start chatting!

    Meet Up and Have Fun!

  • Is this a dating app?

    Martini puts two groups of friends together under the same roof. The rest is up to you!

  • Why do I have to connect via Facebook?

    Martini uses Facebook because that’s where your friends are. We use Facebook as a form of social verification so you know you are looking at a real group of friends and their real photos! We also use some of your network info to help serve you better matches.

  • How does SCHEDULE A MIXER work?

    Once you create a group on Martini, you can use this feature to let Martini know when you and your friends would like to go out on a mixer. You can pick one night or the whole weekend! We then show you other groups in your city that match your schedule and your search criteria (like age, gender, race).

    • How do invite groups out on mixers?

      If you find a group you'd like to meet up with, tap on their photo to check out their group profile. If you're still interested, tap on LET'S MEET at the bottom of the screen to send them an invite. You will also have the option to include a custom invite message if you'd like. They will receive your invitation and will have the opportunity to accept or decline. We'll let you know if they accept, at which point your group should confirm the mixer by spending a Martini to open the chatroom. If they decline, we'll leave you in sweet bliss.

    • How do I respond to invitations?

      If someone has asked your group out, you will find their invitation under the INCOMING tab. There, you can check out their group profile and accept or decline their invite. If accepted, your group must RSVP with a custom message letting them know your group would like to meet up. You may also have the option of selecting a specific weekend night if more than one nights are available to meet.

  • How does DAILY MATCH work?

    Once you create a group on Martini, you will receive daily suggestions on other groups to meet in your city. These suggestions are based on your search criteria (age, gender, race) as well as other network information. Matches are sent every midnight and can be viewed by tapping on the DAILY MATCH icon on your group's main screen. Tap on the LET's MEET at the bottom of the screen to invite your match out on a mixer. If they accept, a chatroom will open for the two of you to coordinate a group mixer! If they decline, we'll leave you in sweet bliss (again).

  • What’s a Martini and how do I use them?

    Martinis allow you to chat with groups who have accepted your invitation to meet. To open a chat with a group, you have to spend a Martini (it’s how we know you’re serious about meeting up).

  • How do I get Martinis? Do I have to buy them?

    You can purchase or earn Martinis, and both ways can be done from the Martini Store on your profile screen.

    • Earn Martinis

      You can earn free Martinis by Liking or Sharing MARTINI on Facebook.

    • Order Martinis

      You can purchase individual Martini’s for $0.99 or 3 for $1.99. So much cheaper than the real thing! Just tap on the Martini glass icon to the left of your profile screen.

  • What is MATCH CHAT and TEAM CHAT?

    1. Team Chat [T]

      Once you create a group on Martini, you can begin chatting with your friends immediately via the TEAM CHAT button found on your group's main screen. Your friends will need to have Martini installed on their phone in order to chat back to you! Additionally, TEAM CHAT can be accessed from within MATCH CHAT by swiping to the left. You can return back to MATCH CHAT by swiping right.

    2. Match Chat [M]

      Chats with groups who have agreed to go out on mixers with you are called MATCH CHATS. These chatrooms open by inviting groups out on mixers via the SCHEDULE A MIXER or DAILY MATCH buttons. Opened chatrooms will appear on your group's main screen and can be entered by tapping on the gray text box under their name. You can swipe between MATCH CHAT and TEAM CHAT by swiping left and right inside of the chatroom.

  • How can I end a chat with another group?

    If you would like to permanately end communication with another group, enter the chatroom with that group and tap on the MENU icon at the top-left of the screen. The chatroom settings menu will slide down where you can then tap on the RED EXIT DOOR to end the chat permanately.

  • How can I change my group profile picture and gallery photos?

    Your group profile picture and gallery photos are automatically pulled from Facebook. To change any of these photos, tap on the SETTINGS icon from your group's main screen (you can also tap on your group profile picture). You will now see a section called GROUP PHOTOS. Tap on any of the thumbnails displayed there to change or delete those photos. The first photo on the far left will be displayed as your group's profile picture.

  • How can I change my personal profile photo and information?

    If you would like to change your personal profile photo, tap on the PHOTO FRAME icon found on the MY PROFILE screen. If you would like to hide your work or education information that was automatically pulled from Facebook, tap on the EYE icon to the right of your job or school. An open eye means it's viewable to other Martini members. A closed eye means it's hidden. For the time being, you cannot edit this information directly from Martini. Your PERSONAL BIO can also be found on this screen. Include a short bit on yourself to help other Martini Members get to know you in case they'd like to meet you!

  • How can I change my city location?

    If your city location is incorrect, or if you are traveling, you can update your city location from the SETTINGS menu found just below the MY PROFILE screen. Tap on the button that says "Not in X?" to allow Martini to update your location using GPS. If you're still having problems, contact us at hello@martiniplz.com. Please note that we are only open in select cities at the moment.

  • How can I limit the amount of push notifcations that I receive?

    If you're tired of watching your friends chat with other groups on Martini, you can silence push notifications from specific MATCH CHATS by tapping on the MENU button found within the chatroom on the top-left of the screen. Next, tap OFF next to NOTIFICATIONS to silence this room.

    If you would like to silence all push notifications from Martini, navigate to the SETTINGS menu found just below the MY PROFILE screen. Next, tap OFF next to NOTIFCATIONS to silence all push messages from Martini. Please note, you will no longer be notified of chat messages nor of invitations to meet.

  • How can I delete my Group?

    You can delete your group by tapping on the GROUP SETTINGS icon and then tapping on DISBAND THIS GROUP at the very bottom of the screen. Please note that this will also delete ALL chats, matches, and invitations associated with this group!

  • How do I delete my Account?

    You can permanently delete your account on Martini by deleting any groups you may have on Martini, deleting Martini from your phone, and deleting the Martini app from your Facebook settings on their website.

  • How can I report another group?

    If another group is being totally rude, creepy, or agressive (either in-person or online), we reserve the right to kick them off Martini. You can report such groups to us from the SETTINGS menu by tapping on the "Contact Us" button and telling us what's up. You can also always reach us at hello@martiniplz.com.

  • I LOVE Martini! How can I help?

    Thanks! We love you too!

    First, go out on as many mixers with your friends as possible. Next, please rate Martini on the App Store or Google Play. Then, you can share and like us on Facebook, and send us your mixer photos via Instagram and Twitter. Lastly, if you're really obsessed, you can email us at hello@martiniplz.com to join our team!

CONTACT

C.G.U

1. LICENSE

1.1. Governing Agreement

The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Ultra Interactive , Inc. (hereinafter “Ultra Interactive” or “Us” or “We”) regarding your use of Ultra Interactive’s mobile application MARTINI, related services, and Ultra Interactive websites, including Martiniplz.com (the “Service”)

1.2. Privacy Policy

Use of the Service is also governed by Ultra Interactive’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to Ultra Interactive. We designed Ultra Interactive’s Privacy Policy to make important disclosures about how We collect and use your content and information and how you can use the Service to share such information with others. By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in Ultra Interactive’s Privacy Policy. If you do not agree to these Terms of Use and Ultra Interactive’s Privacy Policy, please do not use Ultra Interactive’s Service or its Sites (defined herein).

1.3. Updates to the Terms of Service and Ultra Interactive Privacy Policy

Ultra Interactive reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and Privacy Policy at any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.

Ultra Interactive may also revise other policies, codes or rules at any time, and the new versions will be available at Martiniplz.com or in the Service.

This agreement may not otherwise be amended except in a writing hand signed by you and an authorized representative of Ultra Interactive. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Use or the Ultra Interactive Privacy Policy, or any other Ultra Interactive policy, your license to use the Service shall immediately terminate and you must immediately stop using the Service.

To the extent the Terms of Service or Ultra Interactive Privacy Policy conflict with any other Ultra Interactive terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the Ultra Interactive Privacy Policy shall govern.

1.4. Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Ultra Interactive policies, Ultra Interactive grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

1.5. Accessing the Service

By accessing or using the Service, including using an Ultra Interactive mobile application or browsing any Ultra Interactive website, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”), have a valid account on the social networking service (“SNS”) through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software.

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

1.6. Use of the Service

You are granted the revocable, non-transferable right and license to use the Service for your private, non-commercial use. These rights are user rights only, and no right or license is granted to distribute, publicly perform or prepare derivative works of any content accessed through the Service. This license is granted, however, subject to the following restrictions:

  • You shall not create an Account or access the Service if you are under the age of 18;
  • You shall monitor your Account to restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal, iTunes, and Facebook Credits) by minors;
  • You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
  • You shall not create an Account or use the Service if you are a convicted sex offender;
  • You shall not have an Account or use the Service if you have previously been removed or banned by Ultra Interactive;
  • You shall use your Account only for non-commercial purposes;
  • You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (SPIM and SPAM) to anyone;
  • You shall not use your Account to engage in any illegal conduct.

The MARTINI mobile application is not intended for emergency communications. Notwithstanding any other limitation in this agreement, You agree that you will not rely on MARTINI or any other Service provided by Ultra Interactive for communication of emergency or mission critical information or in other scenario in which personal injury or property damage may result from loss of information.

1.7. Account Information

When creating or updating an Account on the Service, you may be required to provide Ultra Interactive with certain personal information, which may include your name, birth date, e-mail address, location, and, in some cases, payment information. This information will be held and used in accordance with Ultra Interactive’s Privacy Policy. You agree that you will supply accurate and complete information to Ultra Interactive, and that you will update that information promptly after it changes.

1.8. Username and Password

During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:

  • You shall not share the Account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Ultra Interactive and modify your Login Information;
  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
  • You are responsible for anything that happens through your Account.

Ultra Interactive reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.

1.9. License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the service including undermining or manipulating the legitimate operation of any Ultra Interactive application is a violation of Ultra Interactive policy and may be a violation of criminal and civil laws.

You agree that you will not, under any circumstances:

  • Engage in any act that Ultra Interactive deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our application mechanics or policies;
  • Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  • Post or upload any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is abusive, threatening, obscene, defamatory, libelous, invasive of another’s privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Stalk or otherwise harass another user of the Services;
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person;
  • Without Ultra Interactive’s express written consent, use the Service or any part thereof for any commercial purpose;
  • Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
  • Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
  • Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Ultra Interactive; or
  • Copy, modify or distribute rights or content from any Ultra Interactive site or application, or Ultra Interactive’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.

1.10. Suspension and Termination of Account and Service

Without limiting any other remedies, Ultra Interactive may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or if Ultra Interactive suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and account as a result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Ultra Interactive is under no obligation to compensate you for any such losses or results.

Without limiting our other remedies, we may limit, suspend or terminate the service and user accounts or portions thereof, prohibit access to our applications and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property rights.

Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by following the instructions at Maritniplz.com/goodbye.

1.11. Ownership

1.11.1. Service

The Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, and moral rights) are copyrighted works owned by Ultra Interactive. Ultra Interactive reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

1.11.2. Accounts

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Ultra Interactive. Generally, accounts created with Ultra Interactive will be considered active until we receive a user request to deactivate or delete them; however, we reserve the right to terminate any account that has been inactive for 180 days.

2. USER CONTENT

2.1. Content Screening

You are entirely responsible for all User Content you post or otherwise transmit via the Service. Ultra Interactive assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate or illegal content or conduct.

We have no obligation to monitor User Content. If Ultra Interactive chooses at any time, in our sole discretion, to monitor the Service, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content and We may monitor and/or record your interaction with the Service or communications when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.

2.2. Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.

Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Ultra Interactive assumes no responsibility or liability for this material.

Ultra Interactive may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Ultra Interactive may violate these Terms of Service. By providing User Content through the Service, you are granting to Us an irrevocable, license to copy, distribute, publicly perform, prepare derivative works or otherwise use such User Content, with the right to sublicense.

2.3. Disclosure

Your information, and the contents of all of your online communications (including without limitation, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Ultra Interactive, including to enforce these Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access and disclosure.

3. COPYRIGHT NOTICES/COMPLAINTS

It is Ultra Interactive’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). For more information, please review our Copyright Notices/Complaints.

Ultra Interactive reserves the right to terminate without notice any User’s access to the Service if that User is determined by Ultra Interactive, in its sole discretion, to be a “repeat infringer.” In addition, Ultra Interactive accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

4. UPDATES TO THE SERVICE

Ultra Interactive may require that you accept updates to the Service and to Ultra Interactive’s applications you have installed on your computer or mobile device. You acknowledge and agree that Ultra Interactive may update the Service with or without notifying you.

5. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

5.1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT THAT SUCH A DISCLAIMER IS PROHIBITED UNDER APPLICABLE LAW WITH, THEN ONLY LEGALLY REQUIRED WARRANTIES SHALL APPLY FOR THIRTY DAYS FROM FIRST USE OR THE MINIMUM LEGALLY REQUIRED WARRANTY PERIOD, IF DIFFERENT).

WITHOUT LIMITING THE FOREGOING, NEITHER ULTRA INTERACTIVE, NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “ULTRA INTERACTIVE PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

5.2. LIMITATIONS; WAIVERS OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

YOU ACKNOWLEDGE AND AGREE THAT ULTRA INTERACTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ULTRA INTERACTIVE IS NOT LIABLE, AND YOU AGREE NOT TO HOLD ULTRA INTERACTIVE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ULTRA INTERACTIVE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ULTRA INTERACTIVE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ULTRA INTERACTIVE ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ULTRA INTERACTIVE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF ULTRA INTERACTIVE. NOTWITHSTANDING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT DESIGNED FOR EMERGENCY COMMUNICATION, AND ULTRA INTERACTIVE SHALL HAVE NO LIABILITY FOR USE OR ATTEMPTED USE OF THE SERVICE IN EMERGENCY SITUATIONS.

THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT, WITHOUT WHICH ULTRA INTERACTIVE WOULD NOT HAVE AGREED TO PROVIDE THE SERVICE.

5.3. Indemnification

You agree to indemnify, save, and hold Ultra Interactive, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Ultra Interactive reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Ultra Interactive, and you agree to cooperate with Ultra Interactive’s defense of these claims. Ultra Interactive will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

6. DISPUTE RESOLUTION

6.1. General

You and Ultra Interactive agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (a “Claim”) in accordance with Subsection 6.2 or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

6.2. Law and Forum for Legal Disputes

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the Commonwealth of Massachusetts without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ultra Interactive, its officers, directors or employees must be resolved exclusively by a state or federal court located in Massachusetts, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Massachusetts for the purpose of litigating all such claims or disputes.

7. SEVERABILITY

You and Ultra Interactive agree that if any portion of these Terms of Service or of the Ultra Interactive Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

8. GENERAL PROVISIONS

8.1. Assignment

Ultra Interactive may assign or delegate these Terms of Service and/or the Ultra Interactive Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Ultra Interactive’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

8.2. Entire Agreement

These Terms of Service and Ultra Interactive’s Privacy Policy contain the entire understanding of you and Ultra Interactive and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

8.3. Notices

We may notify you via postings within MARTINI, at Martiniplz.com, or via e-mail. All notices given by you or required from you under these Terms of Service or the Ultra Interactive Privacy Policy shall be in writing and addressed to:

Ultra Interactive, Inc.,
Ste. 200, 244 Fifth Avenue,
New York, NY 10001.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

This Privacy Policy is effective as of November 15, 2012.

This Privacy Policy was last updated on November 15, 2012.

COPYRIGHT NOTICES/COMPLAINTS:

The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.

If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Service or in an Ultra Interactive website or mobile application in a way that may constitute copyright infringement, you may provide notice of your claim to Ultra Interactive’s Designated Agent listed below. For your notice to be effective, it must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located;
  4. Information reasonably sufficient to permit Ultra Interactive to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Ultra Interactive’s Designated Agent is:

Agents and Corporations, Inc.
1201 North Orange Street, Suite 600
Wilmington, DE 19801

If your user content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to Ultra Interactive’s Designated Agent identified above that sets forth the following items:

  1. An identification of the URLs or other unique identifying information of material that Ultra Interactive has removed or to which Ultra Interactive has disabled access;
  2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
  3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your physical or electronic signature.

Politique de confidentialité

Ultra Interactive, Inc. (“Ultra Interactive”) develops and publishes mobile applications for the web and mobile devices to facilitate real-world social meet-ups. Ultra Interactive is committed to protecting your online privacy when visiting our website(s). We recognize the importance of protecting the privacy of the personally identifiable information you provide to Us in connection with your use of the websites, services, software applications owned, managed or provided to you by Ultra Interactive (the “Sites”).

Please read this notice. By using this site, you signify your assent to our privacy policy. If you do not agree to this policy, please do not use our site. If you have questions regarding this Privacy Policy or our collection and use of information, please contact us.

We created this Privacy Policy to help you understand what information Ultra Interactive collects (whether personally identifiable or not), how we collect it, how we use it, how we share it, how we protect it, and how you can control it.

This Privacy Policy describes:

  • the information we collect;
  • how we do so and the purposes of our collection;
  • how we use and with whom we share such information;
  • how you can access and update such information;
  • the choices you can make about how we collect, use and share your information;
  • how we protect the information we store about you.

Our Sites may contain links to third-party websites, products and services. This Privacy Policy only applies to Ultra Interactive’s Sites and our collection and use of your information. The linked websites, products and services of third parties, and their collection and use of your information, are governed by the privacy policies of such third parties. We encourage you to learn about the privacy practices of those third parties.

1. Information We Collect

We do not require you to provide us with personally identifiable information in order to visit our Sites. However, if you choose to participate in certain activities offered on the Sites (such as building a profile), we will ask you to provide us with what is generally called “personally identifiable” information (such as your email address and zip code). In addition, you may have the option of providing us with certain personal demographic information about yourself or your household (such as first and last name, gender, birth date, phone number, preferences, etc.). We may also offer you the option to complete a user profile. Your user profile may include: a profile photo; your gender; your location; and, other biographic details that you provide. It will always be your decision whether to provide us with your personally identifiable information. In some cases, if you decline to share such information with us, then we may not be able to provide you with certain Services.

There are different ways in which we may collect information when you interact with our Sites. Many are discussed below, but in general we may collect information when you:

  • Register with us;
  • Register or interact with us via Facebook Connect or other social media provider
  • Use our Sites to facilitate meet-ups;
  • Interact with advertisements on our Sites;
  • Communicate with our customer service team for support;
  • Participate in certain programs, offers, and promotions;
  • Use our referral service to tell your friend(s) about Us;

Additionally, when you download and install our software or mobile applications on your computer or other device, we collect information about that device that helps us manage our products and services and detect and prevent fraud.

Registration: We require that you sign in with your Facebook account. By doing so, you are allowing us to pass your log-in information (e-mail address, password) and send and receive other information (such as your Facebook friends list) to and from Facebook. We will only use this information in accordance with our Privacy Policy, but please be aware that Facebook’s usage of your information is governed by their own privacy policies, and that we cannot be held responsible for its practices and/or actions. We also import some of your data to help you quickly set up a profile. This includes things like photographs, your gender, your location, and other biographic information that you provide. We also create some networks for you based on networks you belong to on Facebook. This data may be viewable by other MARTINI users, whether or not those users are your friends on Facebook.

Information on Devices and Cookies:

We collect information regarding your mobile device’s operating system and the unique device identifier number associated with your mobile phone in order to provide support to users experiencing technical issues and to ensure that we can remove any users who violate our Terms of Service from our Services.

For the same reasons, we may collect information regarding the IP addresses of users of our Services, and may use “cookies” to provide additional functionality to our web Services. We use both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Sites. These persistent cookies can be removed, but each web browser is a little different. Please review your browser’s Help menu to learn how to modify your cookies setup.

Automatically Collected Information: When you use the Sites or open one of our emails, we may use technology (including cookies, IP addresses, unique device IDs, user IDs, and log files) to automatically collect non-personally identifiable information including but not limited to:

  • Application activity (such as searches performed and features accessed);
  • Web browser type;
  • The website that referred you to us;
  • The web pages you viewed on the Sites;
  • The advertisements you viewed and clicked on the Sites;
  • The dates and times that you visited the Sites.

We may link automatically collected information to personally identifiable information you submit while on the Sites when you are logged in or in connection with a service you have requested.

Referral Services: If you choose to use our referral service to tell a friend about us, we will use the information you provide to send your friend a one-time message via Facebook Messenger inviting him or her to visit our Sites.

Location Information: MARTINI is a location-based social network. Unless you choose to turn off our location services, we regularly collect your location information by using the GPS capabilities of your mobile phone. By using our Services, you consent to our collection, storage, and analysis of your location data.

Users near you may be able to see your approximate location, any mutual friends you share with that user, and any other information you’ve decided to keep public, including profile information and the networks to which you belong. Users viewing this information may use it or transmit it to other individuals or parties without our knowledge. Your location information, therefore, may be subject to misuse by others. Please be aware that you share your location, and any other data you choose to make public, at your own risk.

Information for Minors: We do not collect and keep any personal information online from you unless you volunteer it and you are 18 or older, for instance when contacting us by email regarding a question on one of our products or our Website. Ultra Interactive doesn’t require anyone to share any personal information about themselves in order to enjoy our Sites. That means you can visit our Sites without any need to register with us.

We do not collect and keep personal information online from minors under the age of 18 without consent of a parent or legal guardian.

2. How We Use Your Information

We use all of the information that we collect from your use of the Sites, any information you provide when you register with us, and information provided to us by third parties as described below. The following are the ways we use information we collect:

  • Operate, maintain, deliver, and communicate with you about information, potential meet-ups and content found on the Sites;
  • Aggregate usage metrics (such as total number of visitors to the Sites and pages viewed, application usage and downloads, and interactions with advertisements);
  • Understand usage trends and preferences;
  • Improve the way the Sites work and look;
  • Improve our marketing and promotional efforts;
  • Provide you with a personalized experience on the Sites (such as recognizing your system so that you will not have to re-enter information during your current or future visit to the Sites);
  • Provide you with customized Site preferences;
  • Create new features and functionality;
  • For customer service purposes, including billing, where applicable.

Analytic Tools: We may use tools such as Google Analytics to better understand who is using our Sites and how they are using them. These tools use cookies to collect information such as time of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used. We use this information to manage and improve our Sites.

3. When We Share Information

Personally Identifiable Information: We do not share personally identifiable information with our third-parties for their marketing or promotional uses. We may use your personally identifiable information for the purpose of obtaining associated non-personally identifiable information from third parties, but we do not permit those third parties to use your personally identifiable information for any purpose other than providing us with associated non-personally identifiable information.

Non-Personally Identifiable Information: We may aggregate non-personally identifiable information (such as age, gender, interests, zip code, state, and other automatically collected information that does not personally identify you) and share such aggregated information with our third parties. We may also share such non-personally identifiable information with third parties when you interact with our promotional content on their websites.

Exceptions: We may share information about you if required to do so by law or in the good-faith belief that such action is necessary to comply with local, state, or federal laws or to respond to a court order, judicial or other governmental subpoena or warrant, or in the event of bankruptcy proceedings. We also reserve the right to share information that we believe, in good faith, is appropriate or necessary to take precautions against liability, protect us or our Affiliates from fraudulent, abusive, or unlawful uses, investigate and defend ourselves against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Sites, and to protect our rights, property, or safety and those of our Affiliates and others.

In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

4. Updates to our Sites

Ultra Interactive frequently will be offering you additional online experiences and activities. In fact, some of the features that we describe below may not be available at the Site at this time. As we add more features to our Sites, we will amend our privacy policy to reflect our collection and use practices. If we make any changes to this Privacy Policy, we will revise the “Last Updated” date above and post the changes here. We will always treat personal information we collect in accordance with the Privacy Policy that we have in effect at the time the information is collected.

5. Our Commitment To Children’s Privacy

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or maintain information from persons under 18 years of age, and no part of our Sites is structured to attract anyone under 18. If you are under 18 years of age, then please do not use or access the Sites at any time or in any manner. If we learn that personally identifiable information of persons under 18 years of age has been collected on the Sites without verified parental consent, then we will take the appropriate steps to delete this information.

6. Questions about the Privacy Policy

To request further information about our privacy practices, you may send us an e-mail at: hello@ultrainteractive.com. You can also write us at:

Ultra Interactive, Inc.,
Ste. 200, 244 Fifth Avenue,
New York, NY 10001 .