These terms are the agreement between you and phillumeni ("we", "us", "the app") — a matchbook-collecting app where you save the places whose matchbooks you've found, rank them, follow other collectors, and trade duplicates. By creating an account or using the app, you agree to these terms. If you don't agree, please don't use the app. We keep this short and plain.
You must be at least 13 years old to use phillumeni. By using it you confirm you are, and that the information you give us at sign-up is accurate.
You're responsible for your account and for what happens under it, so keep your password to yourself. Tell us promptly if you think someone else has gotten in. You can delete your account at any time from Profile → Delete account.
You keep ownership of the photos, venue entries, rankings, notes, and other content you add ("your content"). By adding it, you give us a non-exclusive, worldwide license to store, display, and share it within the app so the app can work — for example, showing your matchbook photo on a venue's page to other collectors, per our Privacy Policy.
Only add content you have the right to add. Don't upload anything illegal, infringing, deceptive, hateful, or that violates someone's privacy. We can remove content and suspend accounts that break these rules — collectors can report content and venues, and a human reviews every report.
We respect copyright. If you believe something on phillumeni infringes a copyright you own or control, send a notice through Support that includes: identification of the work, the infringing material and where to find it in the app, your contact information, a statement that you have a good-faith belief the use isn't authorized, a statement under penalty of perjury that your notice is accurate and you're authorized to act, and your physical or electronic signature. We remove infringing content and may disable the accounts of repeat infringers.
phillumeni lets collectors arrange trades of physical matchbooks directly with each other. A few things to be clear about:
Be decent. Don't harass, threaten, impersonate, spam, or scrape other collectors; don't try to break, overload, or reverse-engineer the app or get around its security. You can block and report other collectors at any time. We may suspend or remove accounts that break these terms or harm the community.
We work to keep phillumeni accurate and available, but it's provided "as is," without warranties of any kind. Venue details, hours, availability, and whether a place still gives out matchbooks are crowd-sourced and may be wrong or out of date — treat them as a starting point, not a promise. We don't guarantee the app will be uninterrupted or error-free.
To the fullest extent allowed by law, phillumeni and its owner won't be liable for any indirect, incidental, special, or consequential damages, or for any lost data, profits, or goodwill, arising out of your use of the app, your content, or your dealings with other collectors (including trades). And to the fullest extent allowed by law, our total liability to you for all claims relating to the app will not exceed one hundred US dollars ($100). Some places don't allow these limits, in which case they apply only to the extent permitted.
You agree to defend, indemnify, and hold harmless phillumeni and its owner from and against any claims, demands, damages, losses, and costs (including reasonable legal fees) arising out of or related to your content, your use of the app, your trades or other dealings with collectors, or your violation of these terms, the law, or anyone's rights.
We may update these terms as the app evolves; we'll change the date above and, for significant changes, give notice in the app. Continuing to use phillumeni after a change means you accept it. You can stop using the app and delete your account whenever you like, and we may suspend or end access that breaks these terms.
Please read this carefully — it affects how disputes are resolved. Except for small-claims matters and requests to stop infringement or misuse of the app, you and phillumeni agree to resolve any dispute relating to the app or these terms through binding individual arbitration rather than in court, and each of us waives the right to a jury trial.
No class actions. Disputes are brought only on an individual basis — not as a plaintiff or member of any class, collective, or representative action. An arbitrator may not consolidate more than one person's claims.
You can opt out. You may opt out of this arbitration and class-waiver agreement within 30 days of first accepting these terms by contacting us through Support with your account email and a clear statement that you opt out. Opting out won't affect the rest of these terms.
These terms are governed by the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict-of-laws rules. Where a dispute isn't subject to arbitration, you and phillumeni agree to the exclusive jurisdiction of the state and federal courts located in Massachusetts.
Questions about these terms? Reach us through Support.