LAKE MONSTER DOT COM, INC.
These terms and conditions (the “Terms“) govern your access to and use of Lake Monster Dot Com Inc.’s websites and mobile applications that link to or reference these Terms (collectively, the “Service“). By accessing or using the Service, you are agreeing to these Terms and concluding a legally binding contract with Lake Monster Dot Com Inc. and any affiliated corporate entities that are controlled by, or in common control with, Lake Monster Dot Com Inc. (the “Company“). You are also agreeing to the Company’s separately published Privacy Policy, which is available at https://www.lakemonster.com/ap-privacy.
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We“, “us“, and “our” refer to the Company.
The Terms and Privacy Policy contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. 1. USING THE SERVICE Eligibility
To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account. Permission to Use the Service
We grant you permission to access and use the Service subject to the restrictions in these Terms and the Privacy Policy. Service Availability
We may modify, update, interrupt, suspend or discontinue the Service or any part thereof at any time, for any or no reason, without notice or liability. User Accounts
You may simply browse our websites or use our mobile applications without registering with us, but you must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. We may also provide you with the ability to register for an account using your existing account and log-in credentials on third-party sites such as Facebook (each such account, a “Third-Party Site Account”). You are responsible for maintaining the confidentiality of the passwords for your account and/or Third-Party Site Account. You are also responsible for all activities that occur in connection with your account and/or Third-Party Site Account. You agree to notify us if any of your passwords is lost, stolen, if you are aware of any unauthorized use of your passwords, or if you know of any other breach of security in relation to the Service. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. We ask that you provide complete and accurate information about yourself in creating your account to bolster your credibility as a contributor to the Service. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You may not use or attempt to use another person’s password.
Certain of the information you provide will be used to create your User Profile. Your User Profile is viewable by all other users of the Service, and other users may contact you through the Service. Your email address will not be shared. 2. CONTENT Your Responsibility
You alone are responsible for Your Content, and once published, it may not be possible to withdraw or remove it. All of Your Content must comply with the terms and restrictions in these Terms. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company. “Content” means content, text, images, photos, audio, video, location data, route information, and all other forms of data or communication accessible on or through the Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service. Closed or Unauthorized Trails or Areas
You may not submit any content related to a trail or areas that is not legally open (seasonal closures are okay). Report a closed or unauthorized trail to [email protected] and we will remove it from the Service. Our Right to Use Your Content
We may use Your Content in a number of different ways, including copying it, publicly performing or displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others (including entities that control, are controlled by, or in common control with, Lake Monster Dot Com Inc. ) to do the same in connection with their own or other third party websites, mobile applications and other media or formats, whether now known or hereafter developed (“Other Media“). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to Your Content. Ownership
As between you and the Company, you own Your Content (subject to our right to use it as described above). We or our licensors own the remaining Content (“Company Content”), including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Service. Advertising
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you. Monitory and Enforcement; Termination
We have the right to:
· Remove or refuse to post any Content for any or no reason in our sole discretion.
· Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that Your Content violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
· Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any Content before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Other
Company Content submitted by other users, advertisers and third parties does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate such Content at our sole discretion and without notice to you. We do not warrant the accuracy, completeness, or usefulness of this Company Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents. 3. RESTRICTIONS
You agree not to, and will not assist, encourage, or enable others to use the Service to:
· Submit content that is fake, defamatory, obscene, pornographic, or invades someone’s privacy, that is intended to inflict emotional distress, or that is otherwise unlawful or objectionable; trade reviews with other businesses; or compensate someone or be compensated to write or remove a review;
· Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
· Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
· Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by the Company;
· Solicit personal information from minors;
· Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
· Interfere with or damage the operation of the Service or introduce to the Service or its users any type of harmful code or computer virus;
· Reproduce, distribute or make derivative works of the Service or any of its contents without the express written consent of the Company;
· Transmit “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;
· Violate an order of a court or government agency; or
· Violate any applicable laws. 4. INTELLECTUAL PROPERTY Copyright And Trademark
We or our licensors own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us. Suggestions and Improvements
The Company welcomes your comments and feedback regarding the Service. By sending us any ideas, suggestions, designs, data, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company’s confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) the Company will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you. 5. LINKS TO THIRD PARTIES
The Service may include links to other websites or applications (each, a “Third Party Service“). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk and subject to the terms of use and privacy policy on such sites. 6. LINKS TO THE COMPANY WEBSITES
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Company’s websites, provided that the hyperlinks accurately describe the content as it appears on the websites. The Company reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the website in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.
7. RSS SERVICE
RSS (really simple syndication) service is a means by which the Company may provide feeds of text and/or photographs in XML format (“RSS Content”) to the Service’s visitors who use RSS aggregators. Should you elect to receive the Company’s RSS service, you understand that, in addition to the other Terms set forth above and below, the following conditions also apply and you agree to be bound by them.
We provide the RSS Service for free for non-commercial use only, and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden. In addition, you must use any RSS feeds as provided by the Company and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.
The Company’s RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full Content on the Service. You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable Company Service page. In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable Company Service page.
The Company retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with the Company’s RSS service. You must provide attribution to the Company in connection with your use of the RSS feeds.
In its sole and unfettered discretion, the Company reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which the Company believes appropriate.
The Company assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds. The RSS Content, as with the rest of the content of the Service, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the disclaimer of warranties and limitation of liability set forth below with respect to your use of the Company’s RSS service, as with your use of the rest of the Service. 8. DATA API
The Company may provide a programmatic interface to obtain data about lakes, point of interest, directions, areas, etc (a "Data API"). Should you elect to use the Company’s Data API, you understand that, in addition to the other Terms set forth above and below, the following conditions also apply and you agree to be bound by them.
We provide the Data API for free for non-commercial use only, and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Company's data, is forbidden. In addition, you must use any data as provided by the Company and you may not edit, modify or otherwise alter the text, content or links supplied to you. You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the data.
The Company’s Data API may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full Content on the Service. You may not display the data in any manner that does not permit successful linking to, redirection to or delivery of the applicable Company Service page. In addition, you may not insert any intermediate page, splash page or other content between the data and the applicable Company Service page.
The Company retains all copyright ownership and other legal rights in the Data API, as well as all ownership and other rights in any logos, trade or service marks used in connection with the Data API. You must provide attribution to the Company in connection with your use of the Data API.
In its sole and unfettered discretion, the Company reserves the right to discontinue or refuse to provide Data API to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its data for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which the Company believes appropriate.
The Company assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its data. The data, as with the rest of the content of the Service, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the disclaimer of warranties and limitation of liability set forth below with respect to your use of the Company’s Data API, as with your use of the rest of the Service. 9. WIDGETS
The Company’s map, lake, weather, video, and conditions widgets (each a “Widget”) are applications that users may use to create a link on their own website or blog to display the Company’s database of trails and climbs. The Widget, when installed on a user’s website or blog, creates a live connection to the Company’s own display of trails. Should you elect to incorporate the Widget into your own website or blog, and thereby display the Company’s database of trails, you understand that, in addition to the other Terms set forth above and below, the following conditions also apply to your use of the Widget and you agree to be bound by them.
We provide the Widget for free for non-commercial use only, and any other uses, including without limitation the incorporation of advertising in conjunction with or the placement of advertising associated with or targeted towards the display of the Company’s Widget is forbidden. You must display the Company’s widget in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed by the Widget that would otherwise create consumer confusion as to the source or origin of the map of trails that the Company’s Widget generates.
The Company retains all copyright ownership, license, and other legal rights in the Widget, as well as all ownership and other rights in any logos, trade or service marks used in connection with the Company’s Widget.
In its sole and unfettered discretion, the Company reserves the right to discontinue or refuse to provide the Widget to you at any time and to require you to cease displaying or otherwise using the company’s indented ‘view’ generated by the Widget for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which the Company believes appropriate.
The Company assumes no liability whatsoever for, or in connection with, your use, access to, or display of its Widget. The Widget and the view generated by it, as with the rest of the content of the Service, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content. You agree to be bound by the disclaimer of warranties and limitation of liability set forth below with respect to your use of the Company’s Widget, as with your use of the rest of the Service.
10. AGENT TO RECEIVE NOTIFICATION OF INFRINGEMENT
The Company does not knowingly publish (or permit individuals to publish) copyrighted materials without permission. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written statement signed physically or electronically (see Digital Millennium Copyright Act, 17 U.S.C. section 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate and under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your statement must be sent to the Company by US mail or email, to:
Ryan Erb
Lake Monster Dot Com, Inc.
29889 Old Lincoln Hwy
Wanship, UT 84017
Email: [email protected]
You acknowledge that if you fail to comply with all of the requirements of this Paragraph 9, your DMCA notice may not be valid.
Repeat Infringers: If any of our Website users violate these terms repeatedly, such users’ account will be subject to immediate termination. If you believe that any user of the Service is a repeat infringer, please contact our Designated Agent and provide information sufficient for us to verify that the account holder is a repeat infringer. 11. INDEMNITY
You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service; (ii) Your Content; (iii) the violation by you, or any third party using your account, of the Terms of the Privacy Policy; (iv) any products or services purchased or obtained by you in connection with the Service; or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. 12. NO WARRANTIES Content on Service: You could be seriously injured or die when engaging in the activities discussed on the Service. The Company recommends you receive professional instruction. Content provided by the Company or other users may be inaccurate or outdated, and the Company makes no claims to the accuracy of any Content. Real-World Meetings: The Company understands that it is possible for individuals to use the Service to exchange information and to meet each other in the real world. You are advised that the Company cannot vouch for the safety of offline meetings with individuals you meet through the Service, and such meetings are held at your sole risk. You acknowledge and agree that the Company has not verified the identity of, or information provided by, and other user of the Services. Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone number(s), street addresses, URLs or email addresses. If you do provide this information to another person you met through the Service, it is at your risk and the Company will have no liability for anything that results from such meetings. Online Commerce: The Service may direct you to third parties who sell many different types of products and services. The Company is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from such a merchant, information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly. You agree that Company has no responsibility or liability for any other merchant’s independent practices, and you waive all claims against Company for any harm or damage arising from your use of such merchant’s sites, services, or goods, including when such sites, services or goods are accessed or purchased through the Company’s Service.
THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, BUSINESS LISTINGS, ADVERTISERS, OR PRODUCTS SOLD ON OUR SERVICE.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY.
THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OF THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS HARMFUL TO YOUR COMPUTER SYSTEM. 13. LIABILITY EXCLUSIONS
YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY ACTUAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE THAT RESULTS FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
If you have an account with the Service to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
In the event this liability disclaimer is deemed unenforceable by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $100.
14. MOBILE APPLICATIONS
We provide mobile applications to access the Service via a mobile device (each, a “Mobile Application”). To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”). For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:
· You acknowledge that these Terms are between you and the Company only, and not with Apple, Inc. (“Apple”).
· Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.
· We, and not Apple, are solely responsible for the iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
· You agree that the Company, and not Apple, is responsible for addressing any claims by you or any third-party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
· You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
· You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
· You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
· You agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”). For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:
· You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).
· Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
· Google is only a provider of the online market where you obtained the Android App. The Company, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
· You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”). For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:
· You acknowledge that these Terms are between you and the Company only, and not with Amazon.com, Inc. (“Amazon”).
· Information that we collect from you or your device are subject to these Terms and the Privacy Policy, and will not be subject to the Amazon.com Privacy Notice.
· Amazon has no obligation or liability to you with respect to the Amazon Android App and the Services and Content available thereon or these Terms. We, and not Amazon, are solely responsible for the Amazon Android App and the services and content available thereon. For the avoidance of doubt, the Amazon Android App does not include any software that you may need to install on your mobile device in order to download applications from the Amazon App Store (the “Appstore Software”). The Appstore Software is licensed to you by Amazon pursuant to the terms of the then current Amazon Appstore for Android Terms of Use.
15. CHOICE OF LAW AND VENUE
The laws of the State of Utah will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim“), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located in Salt Lake City, Utah. 16. TERMINATION
You may terminate the Terms at any time by closing your account, discontinuing your use of the Service, and providing the Company with a notice of termination.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability. Any such action could prevent you from accessing your account, the Service, all Content, or any other related information. The prospective obligations of these Terms will survive termination of your access to the service or these Terms. 17. GENERAL TERMS
We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder.
If any portion of these Terms is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms.
These Terms, and the Privacy Policy, may change from time to time. The Company may modify these Terms and/or the Privacy Policy effective immediately upon notice to you either by (1) electronic mail or (2) posting the modifications to the Service (which shall be deemed constructive notice). Your continued use of the Service following notice of any modifications shall be conclusively deemed an acceptance of all such modifications.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected] .
These Terms and Conditions were Last Updated on Sep 26, 2020.
