CarrotLines Terms Of Service
TERMS OF SERVICE
WELCOME TO THE CARROTLINES™ APP POWERED BY TOMMY EUROPE™
IMPORTANT – READ CAREFULLY: THESE TERMS OF SERVICE AND END-USER LICENSE AGREEMENT (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU AND PORTALIFE SOLUTIONS, INC. OR ANY OF ITS AFFILIATED COMPANIES OR PROPERTIES (“COMPANY”) PROVIDING ITS APPLICATION OR APPLICATION -ENABLED SERVICE (“SERVICES”)TO YOU.
IN THIS AGREEMENT, “APPLICATION” MEANS ANY APPLICATION, PROGRAM OR APPLICATIONS PROVIDED TO YOU BY THE COMPANY WHICH IS INSTALLED, ACCESSED OR OTHERWISE USED BY YOU OR YOUR EQUIPMENT OR DEVICES (EACH INCLUDING ANY PRIOR OR FUTURE VERSIONS), AND IT INCLUDES RELATED CONTENT, DOCUMENTATION AND OTHER TEXT; ARTWORK, PHOTOS, VIDEO AND AUDIO CONTENT; AND ALL UPDATES TO ANY OF THESE ITEMS (“CONTENT”) . BY INSTALLING, ACCESSING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP USING THE APPLICATION AND PROMPTLY RETURN TO THE COMPANY ANY APPLICATION IN YOUR POSSESSION (IF ANY), INCLUDING ANY PACKAGING AND ALL WRITTEN MATERIALS. BY USING THE APPLICATION, YOU CONSENT TO ALL TERMS OF SERVICE.
Account Creation. In order to use certain features of the Services, you must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement.
Account Responsibilities. As part of your agreement with Company, you may receive a user name and password (or other means by which you can control access to the data, information and services provided by the Company) as part of your Company Account (“access code”). In such case, you agree to abide by the following terms in this paragraph. You acknowledge that you will be provided or have been provided an access code. You agree that once such access code is provided to you, you shall be solely responsible for maintaining the confidentiality of the access code.
Accordingly, you shall be solely and completely responsible for any and all acts or omissions that occur under the access code by you or by any party (other than us) who uses such access code for any purpose
Communication from Company and other Users. By using the Services, you agree to receive certain communications, for example, you may receive an update on products you scanned, or you may receive a periodic e-mail newsletter from Company. You can opt-out of non-essential communications by mailing firstname.lastname@example.org or unsubscribing from the email notification.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Application and Content, but excluding any User Content as defined herein) are owned by Company or Company’s suppliers. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
Company Trademarks. You are not authorized to use the names of CarrotLines, Tommy Europe, any combination thereof or any design marks owned or controlled by the Company and/or Tommy Europe in any manner whatsoever, absent prior written approval and instruction from the Company, and with respect to Tommy Europe’s trademarks, from Tommy Europe.
License. Subject to the terms of this Agreement, Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to (a) use the Services solely for your personal, non-commercial purposes, and (b) install and use the Application, solely on your own handheld mobile device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) You may not copy or modify the code used to provide the Services; (f) You may not use the Application, Content, or Services on or in connection with any other website, for any purpose; (g) You may not access the Service or Application with any automated application program other than the Application program on your Device; and (h) You may not use the Service or Application for any illegal purpose. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on the Application must be retained on any copies.
Use of Services at Your Own Risk. Your access to and use of the Content, Application, and Services is at your own risk. Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Application, Content, or Services, or reliance on any information or advice with respect to any food products.
Additional Support. The Services provided do not constitute a commitment to, and Company has no obligation to you to, deliver any additional information, material, code, functionality, enhancement, modification, or update of or support for the Application, although such enhancements, modifications, updates, and support may be made available to you from time to time, may be terminated at any time without notice to you and you bear the sole risk and liability in relying on such information in making any strategic or analytical decisions. The development, release, and timing of any features or functionality of the Application remain at the sole discretion of Company, and all information provided may change without notice.
Modification Of Services. Company reserves the right, at any time, to modify, suspend, or discontinue the Services (including the Application, and APIs) or any part thereof with or without notice. Company reserves the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. Company may modify or remove any Content from the Services at any time without notice to you. Company is not liable for any such modification, suspension, discontinuance or removal. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Third Party Components The Application may contain or rely on components that are owned by third parties and have been licensed to Company for distribution within the Application. You may not use third party components in any way whatsoever other than through your authorized use of the Application as a single integrated application
User Content. “User Content” of a user means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, or forum post and other similar materials that a user submits, emails or otherwise uses with the Services. “Your User Content” means User Content that you provide to Company. “Media” means any means of conveying information, whether now known or hereafter devised. You are solely responsible for your User Content.
You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes you or any third party personally identifiable.
License. By using Your User Content with the Services, you automatically grant, and you represent and warrant that you have the right to grant to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, modify, publish, post, transmit, reproduce in any media, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.
Feedback. Company will treat any feedback or suggestions you provide to Company as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Company to the contrary, you agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
User Content License Grants. You hereby grant to Company a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to (a) reproduce, distribute, transmit, publicly perform and publicly display Your User Content, in whole or in part, in any manner and Media, (b) modify, adapt, translate and create derivative works from Your User Content, in whole or in part, in any manner and Media, (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee and (d) exercise any and all other present or future rights in Your User Content.
Name, Trademarks and Likenesses License Grants. You hereby grant to Company a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to use all trademarks, trade names and the names and likenesses of you and other any individuals that appear in Your User Content. You grant Company the right to use the name that you submit in connection with Your User Content.
Moral Rights. You hereby waive and agree never to assert any claim of Moral Rights in Your User Content against Company or any of Company’s licensees. “Moral Rights” means any right to (a) divulge Your User Content to the public; (b) retract Your User Content from the public; (c) claim authorship of Your User Content; (d) object to any distortion, mutilation or other modification of Your User Content; or (e) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.
Restrictions. You agree that you will not submit User Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general Company community standards. We expressly reserve the right to remove or not make available any User Content that we deem to be in violation of this Agreement, applicable laws or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit User Content to us that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
No Obligation. Although we have the right to include Your User Content in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse Your User Content or remove it from our Service at any time. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your User Content, nor do we guarantee any confidentiality with respect to Your User Content.
Advertising. Company and its licensees may publicly display advertisements and other information adjacent to or included with Your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Browsers and Other Applications You represent and warrant that you have all necessary rights in and licenses to any Web browser or other applications necessary to use the Application. You acknowledge that: (a) use of the Application may require use of certain third-party tools or applications; (b) the Application may interact with servers operated by the Company; (c) Company has no obligation to provide you any documentation, including but not limited to, operating manuals, with respect to the Application; and (d) Company is not responsible for any tax consequences of your download or use of the Application, including but not limited to, sales or excise taxes.
Representations and Warranties. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the Services as described herein; (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party; (c) Your User Content, and Company’s exercise of its rights hereunder, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party; (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by Company as permitted hereunder; (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful; (f) all factual statements submitted by you are accurate and not misleading; and (g) Your User Content does not in any other way violate the Acceptable Use Policy (defined below).
ACCEPTABLE USE POLICY
The following sets forth Company’s “Acceptable Use Policy”:
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; (f) attempt to access or search the Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Company or other generally available third party web browsers; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Content, or Services; (h) access, tamper with, or use non-public areas of the Application, APIs, Company’s computer systems, or the technical delivery systems of Company’s providers; (i) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (j) access, tamper with, or use non-public areas of the Company’s computer systems, or the technical delivery systems of Company’s providers; (k) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures; (l) in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information; or (m) harass or interfere with another user’s use and enjoyment of the Services.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your Company Account username and password, IP address and traffic information, usage history, and your User Content.
APP STORES, THIRD PARTY SITES & ADS, OTHER USERS
Third Party Sites & Ads. The Services may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. Advertisements and other information provided by Third Party Sites & Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites & Ads that are found on or through the Site, Application or Services, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Other Users. Each user of the Service is solely responsible for any and all their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE SERVICES (INCLUDING APPLICATION, AND CONTENT) AND USER CONTENT ARE PROVIDED “AS IS”, FOR INFORMATION ONLY, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT THE APPLICATION, CONTENT, USER CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE APPLICATION, CONTENT, USER CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APPLICATION, CONTENT, USER CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR ADVICE WITH RESPECT TO ANY FOOD PRODUCT. COMPANY DOES NOT REGULARLY MONITOR OR UPDATE THE ACCURACY OR RELIABILITY OF THE CONTENT OR USER CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SITE, APPLICATION, CONTENT, USER CONTENT OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR CREATE ANY LIABILITY ON THE PART OF COMPANY.
THE APPLICATION, CONTENT, USER CONTENT AND SERVICES ARE FOR CONSUMER INFORMATIONAL/EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, NUTRITIONAL OR ANY OTHER PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. THIS APPLICATION, CONTENT AND THE SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NUTRITIONAL, DIETETIC, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. COMPANY ADVISES USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH, NUTRITION OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED, LICENSED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR APPLICATION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, TOOLS, OR CONTENT INCLUDED IN THE APPLICATION, CONTENT, USER CONTENT OR SERVICES.
TO BE CLEAR, You should always seek advice from your physician or other qualified health provider with any questions you may have about a medical condition and should not disregard professional medical advice or delay seeking professional care because of information provided on this Application. To be clear, the Application and Service is not intended in any way to be a substitute for professional medical advice, diagnosis and treatment. In the case of a medical emergency, call your doctor or local emergency number (for example 911 in North America) immediately.
PLEASE ALSO REVIEW THE SPECIFIC DISCLAIMERS IN SECTION “CERTAIN DISCLAIMERS”.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE COMPANY (AND COMPANY SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE APPLICATION OR CONTENT), OR THIRD PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE APPLICATION, CONTENT AND USER CONTENT), AND THIRD PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, or (c) your violation of this Agreement. 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 Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Either party may terminate this Agreement at any time with or without cause. If you wish to terminate this Agreement and cancel your Company Account, you can do so directly within your Company Account as part of the Service. Upon termination, your Company Account will be immediately canceled and you will no longer be able to access your Company Account or information provided by the Company through the Services. In the event you do not receive a response within twenty four (24) hours confirming your cancellation, it is recommended that you re-submit your request or contact us via email@example.com for further assistance.
The Company, in its sole discretion, has the right to suspend or discontinue your Company Account and modify the Service, or terminate this Agreement and refuse any and all current or future use of the Service, for any reason at any time without prior notice, including for any use of the Application or Service which threatens the security or otherwise harms the Company or others. Upon termination of this Agreement, you must immediately destroy or return to Company the Application and, during any suspension or discontinuance of the Service or termination thereof, may not use the Application for any reason.
Termination of this Agreement or suspension of the Company Account will result in the deactivation of your Company Account or your access thereto, and the forfeiture and relinquishment of all current and future content and information in your Company Account or provided through the Services. The Company reserves the right to refuse service to anyone for any reason at any time. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Upon termination of this Agreement, the following Sections herein shall survive: all except Company’s grant to you of license.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Company respects the intellectual property rights of others and expects users of the Application to do the same. At Company’s discretion and in appropriate circumstances, Company may terminate the accounts of users or prevent access to the Application by users who infringe the intellectual property rights of others. Company may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if Company believe in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Company’s designated agent for notice of alleged copyright infringement appearing on the Application is: Copyright Agent, email: firstname.lastname@example.org
Filing a notice of infringement with Company requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright.
No Endorsement The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned in the Application. Reliance on any such information is completely at user’s own discretion and risk.
Confidentiality “Confidential Information” means any proprietary, confidential or trade secret information of the Company and includes the Application and all components thereof. Confidential Information does not include any information which becomes generally known in the public through no fault or omission of you. Unless required by law, you shall not use any Confidential Information other than for the permitted purposes herein and you shall not disclose any Confidential Information to any third party. In the event you are compelled under law to disclose any Confidential Information, you shall provide prompt notice thereof to the Company prior to your disclosure and avail the Company adequate time and reasonable cooperation in order for the Company to seek an adequate remedy to prevent such disclosure.
Changes to Terms of Service. You acknowledge and agree that Company may revise these Terms of Service from time to time. By continuing to access or use the Content or Services after Company makes any such revision, you agree to be bound by the revised Terms of Service.
Rights Cumulative The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies
Severability. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
Waiver. The failure of Company to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Governing Law. This Agreement shall be governed by the laws of the Province of British Columbia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Copyright/Trademark Information Copyright © 2010-2013, Company. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are Company property or the property of other third parties. You are not permitted to use these Marks without Company’s prior written consent or the consent of such third party which may own the Marks.
Hyperlinks This Application may contain hyperlinks to sites operated by third parties. Access to any other site is at your own risk. Such links are provided as a convenience and the inclusion of such links does not imply an endorsement or guarantee of the products or services of those operators. Company is not responsible for the reliability of such sites nor is Company responsible for any information or other materials on such sites. Company’s
inclusion of hyperlinks to such sites does not imply any association with their operators. Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you.
Force Majeure Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by Acts of God, Government restrictions, acts of terrorism, natural catastrophes, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details
following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Assignment You shall not be permitted to assign or delegate your rights or duties hereunder to any person. This Agreement is entered into solely for the benefit of Company and you and no other person shall be considered a third party beneficiary to the terms hereof.
Notices Any notice, request, consent or approval required or permitted to be given by Company to user under this Agreement or pursuant to law shall be sufficient if delivered to the Device of the user in a form which may be displayed by the user.
If you have any questions about these Terms of Service, please contact Company at email@example.com.