Terms of Use

*last modified December 2023 

The the5 application (the “Service”) is published by Lee & Ljaljicic Inc dba “the5”. Please read these Terms of Use ("Terms") carefully along with the Service’s Privacy Policy as they set out the basis on which you may download, access, and/or use the Service.

 CONTACT

For any inquiries related to the Service, please email: hello@the5.com

AGE LIMITS

The Service is intended to be used by individuals who are at least 18 years old. If you are under 18 years old, please do not use the Service. By using the Service, you are confirming to us that you are at least 18 years old. Your ability to use the Service may be terminated without warning if we have any reason to believe that you are younger than 18 years old. 

ACCESS TO AND USE OF THE SERVICE

The Service is currently free but may become a paid service. Account registration requires a unique username. You are responsible for maintaining the confidentiality of your account.

USER-GENERATED CONTENT

You retain rights to content you post, but grant the5 a license to use your content. You are responsible for ensuring your content is lawful and non-infringing. 

IN-APP ADVERTISING

The Service may include third-party advertising. the5 is not responsible for third-party websites or their content. 

MAINTENANCE AND SUPPORT

the5 responsible for maintenance and support of the Service. The Service may be modified or discontinued at any time.

INTELLECTUAL PROPERTY RIGHTS

The Service, its content, and features are the property of the5. You are granted a limited license to use the Service according to these Terms.

LIABILITY

the5 is not liable for indirect, incidental, or consequential damages. We disclaim liability for data loss or damage caused by the app, except as expressly stated in these Terms. 

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of New York, USA. Legal proceedings must be brought in New York courts.

CHANGES TO TERMS

the5 may modify these Terms. Changes will be notified via email or within the app. Continued use after changes constitutes acceptance.

DISPUTE RESOLUTION AND ARBITRATION

Disputes will be resolved through arbitration in New York, USA. You waive rights to a jury trial and participating in class actions.

TERMINATION AND SUSPENSION OF SERVICE

Accounts may be terminated or suspended for breach of these Terms. Termination results in loss of access to account data.

COMMUNITY GUIDELINES

Users must adhere to our Community Guidelines, which prohibit inappropriate content and promote a positive community.

INTERACTION WITH OTHER USERS

You are expected to interact respectfully with other users and report any violations of our Community Guidelines.

CHANGES AND UPDATES

the5 reserves the right to modify the Service and these Terms. Updated versions will be posted on www.the5.com/termsofuse