- End User License Agreement -
Effective Date: June 1 , 2020.
This End User License Agreement ("Agreement") is a legal agreement between you and the developer of the App and governs your access to and use of our App. The “App” means mobile application named Puppy Town along with any revisions, updates and/or modifications and any data, products, services and associated materials or media supplied with the App (collectively, the “Services”).
THE SERVICES ARE NOT TARGETED TOWARD OR INTENDED FOR USE BY ANYONE UNDER THE AGE OF EIGHTEEN (18). IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST AGREE TO THIS AGREEMENT (BOTH FOR THEMSELVES AND ON YOUR BEHALF) BEFORE YOU CAN USE THE SERVICES. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER, (B) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES, OR ENGAGED IN ANY ACTIVITY THAT COULD RESULT IN SUSPENSION OR REMOVAL FROM THE SERVICES, AND (C) HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND IN SO DOING WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY.
I. Acceptance of Terms.
By clicking “START” or by accessing or using the Services, you agree to be bound by the Agreement. If you do not agree with this Agreement, you are not authorized to access or use the Services for any purpose.
III. Limited License.
We hereby grant you a limited, revocable, non-transferable, non-exclusive and non-sublicensable license to access and use the Services and Our Content (as defined hereinafter) subject to the terms of this Agreement.
Except as permitted be the clause above, you may not: (a) sell, resell our Services and Our Content; (b) copy, reproduce, distribute, publicly perform or publicly display Our Content, except as expressly permitted by us or our licensors; (c) modify Our Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and Our Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and Our Content other than for their intended purposes. Any use of our Services and Our Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
IV. Communication Preferences.
You consent to receive electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal notice requirements, including, but not limited to, that such notices be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving the promotional notice at any time by sending an email to firstname.lastname@example.org.
V. Virtual Items.
The Services may include virtual currency, such as coins, points, puzzles or other virtual item that may be earned or obtained through the Services, subject to applicable law (collectively, the “Virtual Items”). We reserve the absolute right, at any time and at our sole discretion, to manage, regulate, control, modify or eliminate Virtual Items as we deem fit, and we shall have no liability to you or any third party for the exercise of such rights. You have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Services the Virtual Items that you have earned, purchased or otherwise obtained in a manner authorized by us. You have no other right, tile or interest in or to any such Virtual Items appearing or originating in the Services.
You hereby acknowledge and agree that the transfer of Virtual Items is strictly prohibited except where expressly authorized in the Services. Outside the Services, you shall not sell, redeem or otherwise transfer any Virtual Item to us, any other user or any other party.
You acknowledge and agree that upon termination of the Services for any reason, including upon our discontinuation of the Services or applicable portion thereof for any reason, all Virtual Items will be forfeited, and we will have no liability to you in connection therewith.
VI. Appropriate Use of the Services.
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
1) Use or attempt to use another User’s device to participate in activities in the App;
2) Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
3) Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
4) Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
5) Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
6) Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
7) Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
VII. Ownership and Copyright Complaints.
The Services, and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “Our Content”) are owned by or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, we and our licensors reserve all rights in and to our Services and Our Content.
We also respect your intellectual property rights. If you believe that your intellectual property rights have been infringed by the Services, you may notify us by sending emails to email@example.com. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.
VIII. Termination; Cancellation.
You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of the Services at any time. Further, We, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Services or any of its component features. You agree that we shall not be liable to you or any third-party for any termination or disabling of the Services.
All licenses and other rights granted to you by this Agreement will immediately terminate upon termination of your right to use our Services or our termination of the Services. This Agreement will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or cancelled, respectively.
IX. Links to Third Parties.
X. Disclaimer of Warranties.
WHILE WE ENABLE USERS TO COMMUNICATE WITH ONE ANOTHER, WE ARE NOT RESPONSIBLE FOR MONITORING SUCH INFORMATION AND COMMUNICATIONS, AND WE ARE NOT A PARTY TO INTERACTIONS, AND ARE NOT RESPONSIBLE FOR INTERACTIONS THAT MAY OCCUR BETWEEN USERS, WHETHER ONLINE OR OFFLINE.
YOUR USE OF THE SERVICES AND OUR CONTENT IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICES AND OUR CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.
WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND OUR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, (A) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OUR CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED.
NO ADVICE OR INFORMATION PROVIDED TO YOU BY US WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Our Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
your access to or use of the Services, or Our Content;
your violation of any of the provisions of this Agreement;
any activity related to your registration by you or any other person accessing the Services through your device, including, without limitation, negligent or wrongful conduct;
your conduct in connection with our Services; or
your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
XII. Limitation of Liability.
IN NO EVENT WILL WE, OUR LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “OUR PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR OUR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OUR CONTENT, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF OUR PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNT YOU PAID US TO ACCESS OR USE THE SERVICES IN THE MOST RECENT THREE-MONTH PERIOD, OR (II) $50.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
XIII. Governing Law; Venue.
This Agreement and our relationship with you will be governed by the laws of the State of California, excluding its choice of laws rules. You and we each irrevocably agrees that any Dispute between the parties shall be resolved on an individual basis exclusively in the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara County, California. You and we each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and we agree that we may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
XVI. Independent Contractor.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Services.
XVII. Entire Agreement.
This Agreement (including the Apple Device Additional Terms) constitutes the entire agreement between you and us relating to your access to and use of the Services.
The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
XIX. Questions and Comments.
If you have any questions about this Agreement or our information-handling practices, please contact us via firstname.lastname@example.org.
APPLE DEVICE ADDITIONAL TERMS
If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of this Agreement:
● Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of this Agreement, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
● Agreement with Us, Not Apple. You acknowledge that this Agreement is an agreement between we and you, and not with Apple. We, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If this Agreement is less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
● Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
● Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If we decide (in our sole discretion) to provide support and maintenance services for an iOS App, we are solely responsible for providing such services.
● Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by us in this Agreement, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our sole responsibility. Notwithstanding the foregoing, we are not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in this Agreement.
● Product Claims. You hereby acknowledge that we, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in this Agreement, this Agreement will not limit our liability beyond what is permitted by applicable law.
● Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that an iOS or your possession and use (in accordance with this Agreement) of an iOS App infringes that third party’s intellectual property rights, we, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
● Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
● Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement with respect to any iOS App, and that, upon your acceptance of this Agreement, Apple has the right (and deemed to have accepted the right) to enforce this Agreement against you with respect to the iOS App as a third-party beneficiary thereof.
● Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App to us at the contact information herein.