Last updated 01-Oct-2020
TERMS AND CONDITIONS
IMPORTANT Please read the following Terms and Conditions carefully before using this website and related services. They contain important information regarding your legal rights, remedies and obligations;
The App of Condolence Services (including mobile application, website, browsing, any interactive features, any social networking service, updates and any other service provided through or in conjunction with the mobile app or website (hereinafter referred to as “the App of Condolence Services”) are made available to you in accordance with the following Terms and Conditions.
Your use of the App of Condolence Services is subject to and signifies your acceptance of these Terms and Conditions and your agreement to be legally bound by and act in accordance with same. If you do not agree to any of these Terms and Conditions, you must stop accessing and using the App of Condolence Services and any services available via the website immediately.
App of Condolence may amend the Terms and Conditions at any time by publishing an amended or updated version of the Terms and Conditions on the Website and you agree to be bound by such changes.
App of Condolence is the trading name of App of Condolence Limited an Irish registered company whose registered address is 33 Parkhill Lawn, Kilnamanagh, Dublin 24. App of Condolence Limited VAT number is 3690599DH.
2. Privacy Statement
Please read our Privacy Statement which governs the manner in which we handle any personal information you provide to us. Use of this site is subject to and signifies your agreement to be bound by the Privacy Statement.
3. Terms of Service
The App of Condolence Services facilitates individuals (hereinafter “the User”) by creating a platform to allow the User to view and share and publish death notices and funeral arrangements for deceased friends, family and loved ones (hereinafter “the Deceased”) while also providing a platform through which friends and family members of the Deceased can make donations towards funeral and testamentary expenses (hereinafter “the Donation”), leave a message of condolence and upload photographs or other images of the Deceased for inclusion in a book of condolences.
Any use of this platform via the App of Condolence Services, is subject to the Terms and Conditions.
Users seeking to avail of certain features of the App of Condolence Services are required to set up a profile on the App of Condolence Services (hereinafter “the User Profile”). Once you have entered your details, you will receive an email acknowledging your profile application. Please note this acknowledgement email does not constitute acceptance of your application. Any applications may be refused at the discretion of the App of Condolence Services.
Once your profile is set up you can proceed to use the App of Condolences Services.
The App of Condolence Services allow Users set up a collection on behalf of the estate of the Deceased to help bear the costs of funeral, testamentary expenses and other costs associated with the death of the Deceased (hereinafter “the Collection”). Each Collection will be hosted on the App of Condolence Services on behalf of the User who has created the Collection (hereinafter “the Organiser”).
Users making donations to Collections (hereinafter “ the Contributor”) are encouraged to leave a comment and/or upload a photograph of the Deceased (hereinafter “the Contributions)for inclusion in a book of condolence which will be made available for purchase upon the completion of the Collection (hereinafter “the Book of Condolence”) .
Each Collection will run for a total period of 14 days and the remaining time left for the collection will be displayed on the Collection page (hereinafter “the Collection Period”).
3.3 Setting up a Collection
Once a User has created an account, they will receive a confirmation email .(The User can then apply to start a Collection in respect of the Deceased. In order to be accepted as the Organiser of a Collection, Users are required to submit a copy photo ID, a death certificate for the Deceased and bank details for the account into which the proceeds of the Collection will be transferred (hereinafter “the Application”). Users can also include a short note about the Deceased, details of funeral or memorial service arrangements and upload photographs.
Each Application will be reviewed by App of Condolence prior to being accepted for hosting on the App of Condolence Services. The hosting of a Collection is at the absolute discretion of App of Condolence and App of Condolence reserve the right to reject any Application.
In order to submit an Application, you will be required to make a payment of €50 (fifty euro) (hereinafter the “Set-up Fee”). The Set-up Fee covers the processing of the Application, hosting of the Collection on the App of Condolence Services, the creation of a Book of Condolence provision of one copy the Book of Condolence.
Once the Application has been approved, the Organiser will be notified by email. The email will contain a weblink to the Collection can then be shared by the Organiser.
Friends and family of the Deceased can then registerer as Contributors. Once they have an account set up, Contributors can make a donation of between €10.00 and €500.00 towards the funeral and testamentary expenses. When submitting a donation, the contributor can do so without setting up an account, or alternatively, can make a donation through their account and include a short message of condolence and/or upload a photograph of the Deceased for consideration for inclusion in the Book of Condolence.
At the end of the collection period (being fourteen days after the publishing of the Collection), the total Donations will be calculated. The balance will then be transferred to the bank account nominated by the Organiser (hereinafter “The Account”). App of Condolence will take reasonable endeavours to ensure that the said balance is transferred to the Account within 10 working days.
3.4 Making a Donation
Donations can be made to a Collection by selecting the appropriate collection and clicking the “Contribute Now” button. While a User Profile is not required to make a Donation, Contributors will need to provide their name and a valid email address. If the a Contributor wishes to include a comment or to upload an image to the Collection page, a valid User Profile will be required to do so.
As a Contributor, you acknowledge and agree that App of Condolence is not a party to any agreement between you and the Organiser and that App of Condolence acts as a payment agent for the limited purpose of transmitting Donations which are made by you as Contributor to the Organiser. (hereinafter “the Donation Transaction Service”)
The Donation Transaction Service incurs a transaction fee of 7% (hereinafter “the Transaction Fee”) which is payable by the Contributor on making the Donation. In clicking the checkbox to confirm your acceptance of these Terms and Conditions and clicking the “Contribute” button you consent to the processing of your Donation and deduction of the Donation Transaction Fee. You further acknowledge that you lose your entitlement to cancel the Donation Transaction Service once the “Contribute” button has been clicked.
3.5 Purchasing a Book of Condolence
At the time of making a Donation or after the conclusion of the Collection Period, Users can place an order for a copy of the Book of Condolence (“the Order”).
Upon the conclusion of the Collection Period, the Book of Condolence will be designed by App of Condolence and will include such Contributions as selected by the Organiser. The names of all Contributors together with any Contributions will be compiled into a draft Book of Condolence which will be provided for review by the Organiser. Prior to the finalisation and printing of the Book of Condolence, the Organiser will have the opportunity of reviewing the draft Book of Condolence and confirming which Contributions will be included in the final Book of Condolence. If no amendments to the draft Book of Condolences are submitted to App of Condolence within 48 hours of the Organiser receiving the draft, App of Condolence reserves the right to finalise the Book of Condolence in the draft format. Once finalised, the Book of Condolence will be made available for purchase by the Users and any purchase orders already received will be fulfilled.
Each Book of Condolence will be printed to order. Please allow three weeks for the printing of the Book of Condolence. Delivery of the Books will be processed by An Post or agreed carrier.
Users should note that ordering a Book of Condolence places an obligation to pay for the book and the order is not confirmed until payment details are accepted. Please see Item 3.7 on Payment.
We reserve the right not to accept your Order if, for example, we are unable to obtain authorisation for your payment from Stripe or for any other reason at our discretion.
By clicking “Pay”, you confirm acceptance of these terms and conditions and acknowledge that you are accepting an obligation to pay for the Order. You further acknowledge that you lose your entitlement to cancel the Order once it has been confirmed.
We make all reasonable efforts to ensure the pricing information on the App of Condolence Services is accurate and up to date however errors do occur. If pricing errors occurs App of Condolence reserves the right not to accept Orders. Prices remain subject to change without notice and therefore are not legally binding.
The payment for a Book of Condolence or payments made in respect of Donations and/or the Transaction fee are payable via Stripe. Please note that App of Condolence cannot control any fees that may be charged to you by your Bank or by Stripe and App of Condolence disclaims all liability in this regard.
As a Contributor you hereby appoint App of Condolence as payment agent solely for the purpose of facilitating payment of the Donations to the Organiser. You agree that payments made through the App of Condolence Services shall be considered the same as any donation made directly by you to the Organiser.
We accept debit or credit card payments. All credit/debit card transactions are processed through Stripe. This is a secure payment gateway which encrypts your credit/debit card details.
App of Condolence will not store your credit/debit card details. We will take reasonable precautions to ensure that the App of Condolence Services is secure. However, we cannot guarantee the security of our website, databases or services nor can we guarantee that your information will not be intercepted by, nor are we liable for the actions of third parties. For further details please review our Privacy Statement
3.8 User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application and Services. In connection with your use of the Site, Application, and Services, you may not and you agree that you will not:
· violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
· use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application or Services;
access or use our Site, Application, Services or
the App of Condolence API to use, expose, or allow to be used or exposed, any
App of Condolence Content: (i) that is not publicly displayed by App of
Condolence; (ii) in any way that is inconsistent with the App of Condolence
the privacy rights or any other rights of App of Condolence's users or any
other third party ;
· use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies App of Condolence endorsement, partnership or otherwise misleads others as to your affiliation with App of Condolence;
· dilute, tarnish or otherwise harm the App of Condolence brand in any way, including through unauthorized use of App of Condolence content, registering and/or using App of Condolence or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to App of Condolence domains, trademarks, taglines, promotional campaigns or App of Condolence content;
· copy, store or otherwise access or use any information contained on the Site, Application or Services for purposes not expressly permitted by these Terms;
· infringe the rights of App of Condolence or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
· interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
· "stalk" or harass any other user of our Site, Application or Services;
· register for more than one App of Condolence Account or register for an App of Condolence Account on behalf of an individual other than yourself;
· Register a Collection on behalf of a Deceased where a collection has already been created/registered by another User.
· recruit or otherwise solicit any User or Contributor to join third-party services or websites that are competitive to App of Condolence, without App of Condolence's prior written approval;
· impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
· use automated scripts to collect information from or otherwise interact with the Site, Application or Services;
· engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Website Application, or Services;
· post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
· systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
· attempt to probe, scan, or test the vulnerability of any App of Condolence system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by App of Condolence or any of App of Condolence's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
· forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
· attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
· advocate, encourage, or assist any third party in doing any of the foregoing;
App of Condolence has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, App of Condolence may take a range of actions against you, including but not limited to deactivating or cancelling your Collection(s), Contributions or App of Condolence Account, for a violation of this Section or these Terms.
App of Condolence may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against App of Condolence or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of App of Condolence, its users, or members of the public. You acknowledge that App of Condolence has no obligation to monitor your access to or use of the Site, Application, Services or Content or to review or edit any Contributions, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. App of Condolence reserves the right, at any time and without prior notice, to remove or disable access to any content that App of Condolence, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.”
4 Cancellation Policy
We are not obliged to accept the cancellation of an order for a Book of Condolence as same are unique to each Collection, are non-prefabricated and created to your order.
Notwithstanding the forgoing, Organisers may for any reason confirm that they wish to cancel the Collection, prior to the conclusion of the Collection Period. In such circumstances, App of Condolence will remove the Collection from the App of Condolence Services and refund the Set-up Fee to the Organiser. Any Donations received will be refunded to Contributors together with the relevant Transaction Fee upon the Cancellation of the Collection.
5. Intellectual Property
App of Condolence Limited owns all rights, title and interest in and to the App of Condolence Services and or its content and applications both on and off the site. Such rights include but are not limited to rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, know-how, in each case whether registered or unregistered, which subsist or which may in the future subsist (“IPR”). Where App of Condolence does not own the rights it has a valid right from a third party to use such material.
You may not delete or in any manner alter or remove any text, copyright, trademark, and other proprietary rights notices appearing on the App of Condolence Services or in any materials supplied to you in connection with the Website. You agree to abide by all access and use restrictions contained in any content made available to you through, or in connection with, the App of Condolence Services.
The trademarks, trade names, designs, logos and service marks displayed on the App of Condolence Services ("Marks") are the property of App of Condolence Limited or are being used under a valid third-party licence. You are not permitted to use the Marks without the prior written consent of App of Condolence. You shall not refer to or attribute any information to App of Condolence in any public medium or otherwise imply any endorsement by, or relationship with App of Condolence.
You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content appearing on the App of Condolence Services. Any unauthorised modification, use or other act in respect of the materials in the App of Condolence Services is a violation of App of Condolence’s IPR.
You acknowledge and agree that App of Condolence shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the App of Condolence Services in postings, survey responses, and otherwise, and you hereby waive any claims against App of Condolence for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with App of Condolence use and publication of such submissions.
6. Links and Third Party Content
The App of Condolence Services may provide links to third party websites, and some of the content appearing on the App of Condolence Services, or made available may be sourced from external sources. The provision of third party content is for general informational purposes only. You acknowledge that the third party content provided by App of Condolence is obtained from sources in relation to which App of Condolence has no control. App of Condolence does not provide any warranties to you with respect to any of the third party content it’s accuracy or otherwise and shall not be liable for any loss suffered by you in connection with your reliance on or use of such third party content. App of Condolence is not responsible for third party websites that link to or from the App of Condolence Services. App of Condolence does not endorse nor warrant the accuracy of any information on such third party linked sites.
7. User Generated Content
App of Condolence may from time to time facilitate the posting, uploading, publishing or transmitting of content created by you and for these purposes, you hereby grant an irrevocable worldwide and perpetual royalty free Licence to us to use any such content generated by you, which for the avoidance of doubt will include but not limited to the right to copy, adapt, modify, distribute, sublicence, broadcast any such content through the App of Condolence Services or alternative means used by the App of Condolence Services from time to time.
All content generated by you is your sole responsibility and by uploading, publishing or transmitting such content you represent and warrant that you are the sole and exclusive owner of such content or in circumstances where you are not that you have a valid Licence in respect of the use to which you are putting the said content. You warrant and represent that the use of the App of Condolence Services of any content generated by you will not infringe or violate any third parties intellectual property rights including any rights of publicity or privacy or any rights to confidential information.
8. Limitation of Liability
Use of and browsing on the App of Condolence Services is at your own risk.
App of Condolence are not responsible for any loss whatsoever arising out of or incidental to your use of the App of Condolence Services. To the extent permitted by law and without limiting any of the foregoing, everything on the App of Condolence Services is provided to you on an “as is” basis, without warranty and liability for any loss.
App of Condolence will not be liable in any circumstances for any of the following:
1. Any loss that you may incur as a consequence of an unauthorised use of your account or your account information;
2. Any interruption or non-availability of the website during maintenance or for any other reason;
3. Any inaccuracy, error, admission, interruption, defect, failure of performance, computer virus, communication online failure, alteration or any use of content herein regardless of cause, for any damage resulting therefrom;
4. For any loss of profits, sales, business or revenue;
5. Business interruption;
6. Loss of anticipated savings, loss of business opportunity;
7. Goodwill or reputation; or any indirect or consequential or punitive loss or damage howsoever arising.
8. Any tax liability of either the User or the Contributor.
App of Condolence are not responsible for failure to meet any obligation under the Terms and Conditions where such failure is due to events beyond our reasonable control.
App of Condolence shall not be liable for any interactions you may have with other Users or Contributors. In particular, as a Contributor, all matters agreed with Users are your own responsibility, including, without limitation, any commitment or representations made between you and the User in respect of the Donation.
If you are a User, you recognise and agree that you are wholly responsible for the administration of the funds raised in the Collection and fulfilling any promises and representations that you make to Contributors in relation to their Donation or the Collection generally.
App of Condolence has no control over the actions of Users or Contributors or over the use of Donations by Users.
App of Condolence makes no representation or warranty as to the suitability and/or appropriateness of any Collection.
App of Condolence expressly reserves the right to suspend a collection and/or disable user accounts in the event that App of Condolence, in its sole discretion, deems the Collection unsuitable or inappropriate.
If you are dissatisfied with any Collection to which you have made a Donation, then you should take this matter up with the User. App of Condolence will not engage in any such disputes and you agree that App of Condolence has no liability in relation to such disputes.
On receipt of any verified complaint regarding one of the Users, Contributors or Collections we reserve the right to remove the User, Contributor or Collection from the website however we are under no obligation to do so.
You shall indemnify, defend and hold App of Condolence harmless from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by App of Condolence that arise out of, result from, or may be payable by virtue of any breach or any other breach or non-performance by you of any of these Terms and Conditions or any warranties given hereunder. This breach includes use by third parties whether authorised or not.
You may not assign or subcontract or otherwise transfer any of your rights or obligations under these Terms and Conditions to any third party without the written consent of App of Condolence.
App of Condolence reserve the right to modify the App of Condolence Services and/or the Services or to modify the terms and conditions at any time without prior notice. In the event that any of these items have been modified we will endeavour to post any such changes on the App of Condolence Services as soon as reasonably practicable. By continuing to use or access the site after such changes or modifications you indicate your acceptance or any such changes or modifications and agree to be thereby bound.
13. No waiver
If you breach the Terms and Conditions of the App of Condolence Services and we chose to take no action against you, we will still be entitled to use our rights and remedies in any subsequent breach of these terms by you.
14. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with Irish Law and are subject to the exclusive jurisdiction of the Irish Courts.
If any of the terms and conditions are found to be invalid, unlawful or unenforceable by a competent authority, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
The above Terms and Conditions (as amended from time to time) together with our Privacy Statement constitute the entire agreement between you and App of Condolence Limited and they supersede any previous agreement.
Any changes made to these Terms and Conditions will be effective once posted to the App of Condolence Services. Your continued use of the App of Condolence Services constitutes your acceptance of such changes. Your use signifies your understanding and agreement to be bound by the Terms and Conditions and Privacy Statement.
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [your business name] (“we,” “us” or “our”), concerning your access to and use of our mobile application (the “Application”). You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions were generated by Termly’s Terms and Conditions Generator.
[Choose one of the options below]
Option 1: The Application is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Application.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Application, you are granted a limited license to access and use the Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Application, Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application(or any portion thereof).
You may be required to register with the Application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Application, you agree not to:
[Choose from the options below, or add your own]
USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
[Choose from the options below, or add your own]
By posting your Contributions to any part of the Application, or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Application to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of the Application, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Application via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Application. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application. You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Application are covered by the Notification, a representative list of such works on the Application; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has 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 (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Application as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
[City, State Zip]
We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Application infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.
[Choose one of the options below]
Option 2: Informal Negotiations
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than [# of years] years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
In no event shall any Dispute brought by either Party related in any way to the Application or Services be commenced more than [# of years] years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Application at any time, without prior notice.
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [# of months] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$Amount]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:
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