These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with this mobile application (the “Application”, "us", "we", or "our). Please read this agreement carefully to ensure that you understand each provision. Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users and those who wish to access or use the Application. By using or accessing the Application you agree to be bound by these Terms. If you disagree with any part of the terms, please do not access the Application.
If you are using the Application on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity.
A. General Payment Terms
Premium features of the Application will require you to pay fees upon registering for the applicable premium service. Before you make the payment, you will be given the opportunity to review and accept the fees to be charged. Fees vary based on the plans.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Application.
C. Service Usage
We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Application. This is the grant of a license, not a transfer of title, and under this license you may not:
(i) copying, distributing, disclosing, or making modifications to any part of the Application in any medium, including without limitation by any automated or non-automated “scraping”;
(ii) remove, cover, alter or distort any copyright, trademark, or other proprietary rights notice we include in or through the Application;
(iii) transmitting spam, chain letters, or other unsolicited email;
(iv) collect or harvest any personally identifiable information including, without limitation, user names, passwords, email addresses, from our Application;
(v) decipher, decompile, disassemble or reverse engineer any aspect of the Application, do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of the Application.
(vi) attempt to or interfere with the proper working of our Application or impair, overburden, or disable the same;
(vii) upload viruses or other malicious code or otherwise compromise the security of the Application;
(viii) use the Application for any purpose that is illegal or prohibited in these Terms;
(ix) use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
D. Compliance with Law
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
(1) Our Application allows you to create, post, link, store or share (collectively, “Make Available”) certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you Make Available in the Application, including its legality, reliability, and appropriateness.
(2) Rights You Grant Us. By creating content in the Application, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You retain any and all title and interest in any Content you submit, post or display on or through the Application and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Application, who may also use your Content subject to these Terms.
(3) Content Representations and Warranties. You hereby represent, warrant, and covenant that you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Application to use and distribute your Content as necessary to exercise the licenses granted by you, in the manner contemplated by our Application and these Terms. You represent, warrant, and covenant that you will not submit any Content that: (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; (ii) may cause a risk of harm, loss, physical or mental injury, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (iii) is defame, libel, slander, or invade the right of privacy, publicity or other property rights of any other person; (iv) is obscene, defamatory, objectionable, or contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence; (v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law; (vi) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (vii) is a chain letter of any kind.
(5) Content Storage. You agree that you will not rely on the Application for the purposes of Content backup or storage. We will not be liable to you for any discontinuation, suspension, or modification of the Application, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. We have no obligation to store User Content or make it available to you in the future.
(6) Interactions. You are solely responsible for your interactions with other users of our Application. We reserve the right, but have no obligation, to monitor disputes between you and other users, including disputes regarding the exchange of virtual currency or goods.
Any suggestions, comments, or feedback relating to the Application (collectively “Idea”, “Ideas”) submitted to us shall become our property. We will not be liable for any, including without limitation, product, application, site, services or advertising ideas and will not incur any liability as a result of any similarities that may appear in the Application, or operations, in the future. Without limitation, we will have exclusive ownership of all present and future existing rights to the Ideas of every kind and nature everywhere and will be entitled to use the Ideas for any commercial or other purpose whatsoever, without compensation to you or any other person submitting the Ideas. You acknowledge that you are responsible for whatever material you send, and you, not us, have full responsibility for the message, including its reliability, legality, appropriateness, originality, and copyright.
This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. We may also terminate these Terms with you at any time, for any reason, and without advanced notice. We reserve the right in our sole discretion and at any time to terminate or block your use of our Application for any reason including, without limitation if you have failed to comply with these Terms. You agree that we are not liable to you or any third party for any termination of your use of our Application. Regardless of who terminates these Terms, both you and us continue to be bound by Section B-L.
H. Additional Terms Applicable to iOS Devices
The following terms apply if you use our Application on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”):
(1) You acknowledge that these Terms are concluded solely between you and us, and not between you and Apple. We are solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you access or download the App, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
(2) You acknowledge that Apple is not responsible whatsoever for furnishing any maintenance and support services with respect to the Application.
(3) The license granted to you is limited to a non-transferable license to use the Application on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
(4) You acknowledge that Apple is not responsible for any product warranties, whether expressly stated or implied by law, with respect to the Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application except if in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Application by you. You and us acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Application. However, you understand and agree that in accordance with these Terms, We have disclaimed all warranties of any kind with respect to the Application, and therefore, there are no warranties applicable to the Application.
(5) You and us acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringe third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
(6) You and us acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Application against you as a third-party beneficiary thereof.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless us and our affiliated parties, directors, officers, stockholders, employees, licensors, suppliers, and agents against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from, or relating in any way to your Content, your access to or use of the Application or violation of these Terms by you.
J. Disclaimer/Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND THE CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE AND OUR AFFILIATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, BUSINESS PARTNERS (COLLECTIVELY, “WE AND OUR AFFILIATED PARTIES”) EXPRESSLY DISCLAIM 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. EXCEPT OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE AND OUR AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATED PARTIES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APPLICATION, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
K. Third-party Services/Links
(1) If you use a service, feature or functionality that is operated by a third party and made available through our Application (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
(2) Our Application may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
L. General Terms
(1) No waiver. No action of either you or us, other than express written waiver, may be construed as a waiver of any provision of this agreement.
(3) Entire Agreement. These Terms constitute the entire agreement between you and us relating to the Application and your use of our Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the you and us relating to the Application and your use of our Application.