8.
MOBILE APPLICATION LICENSE
Use License
If
you
access the Services via the App, then we grant you a revocable,
non-exclusive,
non-transferable, limited right to install and use the App on wireless
electronic devices owned or controlled by you, and to access and use the
App on
such devices strictly in accordance with the terms and conditions of
this mobile
application license contained in these
Legal
Terms. You shall not: (1) except as permitted by applicable law,
decompile,
reverse engineer, disassemble, attempt to derive the source code of, or
decrypt
the App; (2) make any modification, adaptation, improvement,
enhancement,
translation, or derivative work from the App; (3) violate any applicable
laws,
rules, or regulations in connection with your access or use of the App;
(4)
remove, alter, or obscure any proprietary notice (including any notice
of
copyright or trademark) posted by us or the licensors of the App; (5)
use the
App for any revenue-generating
endeavor, commercial
enterprise, or
other purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use
by
multiple devices or users at the same time; (7) use the App for creating
a
product, service, or software that is, directly or indirectly,
competitive with
or in any way a substitute for the App; (8) use the App to send
automated
queries to any website or to send any unsolicited commercial email; or
(9) use
any proprietary information or any of our interfaces or our other
intellectual
property in the design, development, manufacture, licensing, or
distribution of
any applications, accessories, or devices for use with the App.
Apple
and Android Devices
The
following terms apply when you use the App obtained from either the
Apple Store
or Google Play (each an "App
Distributor") to access
the Services: (1)
the license granted to you for our
App is
limited to a non-transferable license
to use the application on
a
device that utilizes the Apple iOS or
Android
operating systems, as applicable, and in accordance with the usage rules
set
forth in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with
respect to
the App as specified in the terms and conditions of this mobile
application license contained in these
Legal Terms
or as otherwise required under applicable law, and you acknowledge that
each App
Distributor has no obligation whatsoever to furnish any maintenance and
support
services with respect to the App; (3) in the event of any failure of the
App to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies,
may refund the purchase price, if any, paid for the App, and to the
maximum
extent permitted by applicable law, the App Distributor will have no
other
warranty obligation whatsoever with respect to the App; (4) you
represent and
warrant that (i) you are not located in a country that is subject to a
US
government embargo, or that has been designated by the US government as
a "terrorist supporting" country and (ii) you
are not
listed on any US government list of prohibited or restricted parties;
(5) you
must comply with applicable third-party terms of agreement when using
the App,
e.g.,
if you have a VoIP application, then you must not be in violation
of
their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of
the terms and conditions in this mobile application license contained in these
Legal
Terms, and that each App Distributor will have the right (and will be
deemed to
have accepted the right) to enforce the terms and conditions in this
mobile
application license contained in these
Legal Terms
against you as a third-party beneficiary thereof.
9. SOCIAL
MEDIA
As
part of the functionality of the
Services, 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 Services; 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 Services 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 Services. 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
Services.
You will have the ability to disable the
connection between your account on the
Services
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 Services. You can deactivate the
connection
between the Services 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.
10. THIRD-PARTY
WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the
Site or App) links to other
websites (
"Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or
originating from third parties (
"Third-Party
Content"). Such Third-Party Websites and
Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites
accessed through the Services or any Third-Party Content posted
on,
available through, or installed from the Services, including the
content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other
policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion of,
linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not
imply
approval or endorsement thereof by us. If you decide to leave the
Services and
access the Third-Party
Websites or to
use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Legal
Terms
no longer govern. You should review the applicable terms and policies,
including
privacy and data gathering practices, of any website to which you
navigate from
the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will
be
through other websites and from other companies, and we take no
responsibility
whatsoever in relation to such purchases which are exclusively between
you and
the applicable third party. You agree and acknowledge that we do not
endorse the
products or services offered on Third-Party Websites and
you shall
hold us blameless from any harm caused by your purchase of such products
or
services. Additionally, you shall hold us blameless from any losses
sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any
contact
with Third-Party Websites.
11. ADVERTISERS
We
allow advertisers to display their advertisements and other information
in
certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such
advertisements, and we
have no other relationship with advertisers.
12. SERVICES
MANAGEMENT
We
reserve the
right, but not the obligation, to: (1) monitor the Services for violations of
these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion
and
without limitation, refuse, restrict access to, limit the availability of, or
disable
(to the extent technologically feasible) any of your Contributions or any
portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to
remove from the Services or otherwise disable all files and content that are
excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the
Services in a manner designed to protect our rights and property and to
facilitate the
proper functioning of the Services.
13. PRIVACY
POLICY
We
care
about data privacy and security. Please review our Privacy
Policy: mrmarmo.com/privacy.
By
using the Services, you agree to be bound by our Privacy Policy, which
is
incorporated into these Legal Terms. Please be advised the Services are
hosted
in the United
States
. If you access the Services from any
other
region of the world with laws or other requirements governing personal
data
collection, use, or disclosure that differ from applicable laws in
the
United
States
, then through your continued use of
the
Services, you are transferring your data to
the
United
States
, and you expressly consent to have
your data
transferred to and processed in
the
United
States
.
Further, we do not knowingly
accept,
request, or solicit information from children or
knowingly market to children. Therefore, in
accordance
with the U.S. Children’s Online Privacy
Protection Act,
if we receive actual knowledge that anyone under
the age
of 13 has provided personal information to us
without
the requisite and verifiable parental consent,
we will
delete that information from the Services as
quickly as
is reasonably practical.
14. COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that
any
material available on or through the Services 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 applicable 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
Services
infringes your copyright, you should consider first contacting an
attorney.
15. TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR
OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING,
IN OUR SOLE DISCRETION.
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.
16. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at
any time or for any reason at our sole discretion without notice.
However, we
have no obligation to update any information on our Services. We will not be liable to you or
any third
party for any modification, price change, suspension, or discontinuance
of the
Services.
We
cannot guarantee the Services will be available at all times. We may
experience
hardware, software, or other problems or need to perform maintenance
related to
the Services, resulting in interruptions, delays, or errors. We reserve
the
right to change, revise, update, suspend, discontinue, or otherwise
modify the
Services at any time or for any reason without notice to you. You agree
that we
have no liability whatsoever for any loss, damage, or inconvenience
caused by
your inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed
to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
17. GOVERNING
LAW
These
Legal Terms and your use of the Services are governed by and construed
in
accordance with the laws of
the State of New York
applicable to agreements made and to be entirely performed within
the State
of
New
York
, without
regard to its conflict of law principles.
18. DISPUTE
RESOLUTION
Informal
Negotiations
To
expedite
resolution and control the cost of any dispute, controversy, or claim
related to
these Legal Terms (each a "Dispute"
and
collectively, the "Disputes"
)
brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), the Parties agree to first attempt to negotiate any Dispute
(except
those Disputes expressly provided below) informally for at least thirty (30) days before initiating
arbitration.
Such informal negotiations commence upon written notice from one Party
to the
other Party.
Binding Arbitration
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 American
Arbitration
Association (AAA) website. 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. 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
New York
. 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.
If
for any
reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall
be commenced or prosecuted in the
state and federal courts
located in
New York
, and the Parties hereby consent to, and waive
all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in
such state and federal courts. Application of the
United
Nations Convention on Contracts for the International Sale of Goods and
the
Uniform Computer Information Transaction Act (UCITA) are excluded from
these
Legal Terms.
In no event shall any Dispute brought
by
either Party related in any way to the Services be commenced more than
one (1) 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.
Restrictions
The Parties agree that any
arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilize
class action procedures; and (c) there is no right or authority for any
Dispute
to be brought in a purported representative capacity on behalf of the general
public or
any other persons.
Exceptions to Informal Negotiations
and
Arbitration
The Parties agree that the following Disputes
are not
subject to the above provisions concerning informal negotiations binding
arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of,
any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive
relief. 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.
19. CORRECTIONS
There may be information on the
Services
that contains typographical errors, inaccuracies, or omissions, 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
Services at any time, without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF
ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES 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 SERVICES, (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
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A
THIRD PARTY THROUGH THE SERVICES, 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.
21. 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 SERVICES,
EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or
demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to
or
arising out of:
(1) your Contributions;
(2) use of the
Services; (3) breach of these
Legal Terms;
(4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation of the
rights of
a third party, including but not limited to intellectual property
rights; or
(6) any overt harmful act
toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve 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, at
your
expense, with our defense of such claims. We
will use
reasonable efforts to notify you of any such claim, action, or
proceeding which
is subject to this indemnification upon becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of
managing the
performance of the Services, as well as data relating to your use of the
Services. 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 Services. 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.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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
SERVICES. 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.
25. 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.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute
the entire
agreement and understanding between you and us. Our failure to exercise
or
enforce any right or provision of these Legal Terms shall not operate as
a
waiver of such right or provision. These Legal Terms operate to the
fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any
loss, damage, delay, or failure to act caused by any cause beyond our
reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or
part of the
provision is deemed severable from these Legal Terms and does not affect
the
validity and enforceability of any remaining provisions. There is no
joint
venture, partnership, employment or agency relationship created between
you and
us as a result of these Legal Terms or use of the Services. You agree
that these
Legal Terms will not be construed against us by virtue of having drafted
them.
You hereby waive any and all defenses
you may have based on the
electronic form of these Legal Terms and the lack of signing by the
parties
hereto to execute these Legal Terms.
27. CONTACT
US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please
contact
us at:
MrMarmo.com
United States