Terms of Use.

Pretend Group LLC

Last updated May 21, 2025

Pretend Group LLC, ("Pretend") and its subsidiaries, provide www.gopretend.com, as well as other websites owned and operated by Pretend (collectively and individually, "Websites") to you subject to the following Terms of Use ("Terms"). By accessing or using the Websites, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Websites.

These Terms apply to all visitors, users, and others who access the Websites ("Users").

1. Modification of Terms

Pretend reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, Pretend will provide at least 30 days notice prior to any new terms taking effect. Your continued use of the Websites following the posting of revised Terms means that you accept and agree to the changes.

2. Changes to Websites

Pretend may, without notice to you, add, remove, modify or discontinue, temporarily or permanently, any portion of the Websites. You agree that Pretend shall not be liable to you or to any third party for any such modification, suspension or discontinuation of the Websites or any portion, content, or feature thereof.

3. Registration

In order to access and use certain features of the Websites, you may be required to register with Pretend and provide certain information about yourself. You agree that any information you provide to Pretend will be accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your account. You agree to notify Pretend immediately of any unauthorized use of your account or any other breach of security. Pretend shall not be responsible for any loss or damage arising from your failure to maintain the confidentiality of your account information.

4. User Content Guidelines

The Websites may contain areas (including discussion forums, feedback sections, and other interactive areas) where you may submit, post, display, and transmit content, including photographs, video clips, audio clips, written comments, software, scripts, graphics, and interactive features (collectively, "User Content"). You grant Pretend a non-exclusive license to use User Content posted on the Websites in connection with the operation of the Websites.

4.1 — Restrictions on User Content

You agree that User Content submitted by you shall not:

  • Violate, infringe, or misappropriate any patent, copyright, trademark, trade secret, moral right, publicity right, privacy right, or any other intellectual property right of any person or entity;

  • Slander, defame, libel, or invade the right of privacy, publicity or personality rights of others;

  • Violate any applicable law or regulation;

  • Create a safety risk for other Users or the general public;

  • Contain vulgar, profane, abusive, hateful, or otherwise objectionable language or content;

  • Contain any information that is false, misleading or deceptive;

  • Solicit, request, or encourage the commission of any illegal activity or the abuse of any products or services;

  • Disrupt the normal flow of dialogue within an interactive area or use the Websites in any way that negatively affects the ability of other people to use and enjoy the Websites.

4.2 — Repetitive Posting

You agree not to use any technology, service, or automated system to post more User Content than an individual could upload in a given period of time.

4.3 — Our Discretion to Remove Content

Any conduct that We, in Our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right in our sole discretion to remove or edit User Content submitted by you.

4.4 — Exposure to Content

We are not responsible for the accuracy or credibility of any User Content and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of interactive areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. By using interactive areas, you assume all associated risks.

4.5 — Monitoring

We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites. Although We have no obligation to monitor, screen, edit, or remove any of the User Content posted or uploaded to the Websites, We reserve the right, and have absolute discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason.

4.6 — License to User Content

By submitting User Content to the Websites, you automatically grant Us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties.

5. User Conduct Guidelines

The following terms apply to your conduct when accessing or using the Websites

  • You agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites;

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites;

  • You agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability;

  • You agree not to impersonate any person or entity, including, but not limited to, a Pretend employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity;

  • You agree not to interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about Users or posting private information about a third party.

6. Users of Paid Subscription Services

As part of a paid subscription, you may open a new project described by a unique project identification number provided by Us ("Project"). We reserve the right to close Projects where you have not provided feedback or confirmation of completion within fourteen (14) calendar days from delivery of any Service, regardless of whether or not the project is complete.

Furthermore, We reserve the right to close a Project if it is still ongoing thirty (30) days after the User has received notice that the Project has commenced and has offered no feedback whatsoever to Pretend. Subject to the terms of the Service Agreement, We will provide reasonable support to start a new Project for any remaining work.

8. Our Intellectual Property Rights

All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, "Content"), including but not limited to the "look and feel", layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.

Except with Our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.

9. Disclaimer of Warranty; Limitation of Liability

A — Disclaimer

THE WEBSITES AND CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. PRETEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PRETEND DOES NOT WARRANT THAT (A) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS.

B — Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL PRETEND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRETEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (IV) ANY OTHER MATTER RELATING TO THE WEBSITES.

10. Indemnification

You agree to indemnify and hold harmless Pretend and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to: (A) your use of the Websites; (B) any User Content posted by you; (C) your violation of any law or the rights of any third party; or (D) your violation of these Terms.

11. Termination

Pretend, in its sole discretion, may terminate or suspend your account and your right to access the Websites, in whole or in part, and remove and discard any User Content, for any reason or no reason, including if Pretend believes that you have violated these Terms or any applicable law or regulation. Pretend may also terminate or suspend your account if Pretend ceases to offer the Websites or certain features of the Websites. The provisions of these Terms, which by their nature should survive termination, will survive termination, including, without limitation, the sections related to indemnification, limitations on liability, and governing law.

12. Miscellaneous

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and you irrevocably submit to the exclusive jurisdiction of the courts located in San Diego County, California.

Entire Agreement

These Terms, together with any other agreements entered into between you and Pretend, constitute the entire and only agreement between you and Pretend with respect to the Websites and supersede all prior negotiations, representations, warranties, and agreements, both written and oral, between the parties with respect to the Websites.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Contact Us

If you have any questions about these Terms, please contact us at

Legal@gopretend.com

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