Effective Date: 1/15/2016
The App is a platform for users to create and share event details between friends and followers.
The parties to this Agreement are you and the owner of the App, Promo Applications, LLC. All references to “we,” “us,” “our,” or “App” will be construed to mean the App and the Company. Your access and use of the App constitutes your agreement to be legally bound by this Agreement and establishes a contractual relationship between you and the Company.
Use and Restrictions
Your use of the App is subject to the following restrictions:
You shall not frame, mirror, or link the App on any other server on Internet-enabled device.
You shall not disassemble, decompile, or reverse engineer the App (except to the extent that such restriction is expressly forbidden by law).
You shall not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, assign, or otherwise exploit the App except as expressly permitted by Company.
You shall not use the App to provide time sharing or similar software to any third party.
You shall not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use of copying of any content accessible through the App, or features that enforce limitations on the use of the App.
You shall not remove any copyright, trademark, or any other proprietary notices from any portion of the App.
You shall not access data that the Company has not authorized you to access.
You shall not take any action that will cause an unreasonable burden on the Company’s infrastructure.
You shall not attempt to access or navigate the App through any manner other than the App.
You shall not mine the content or perform any other data gathering or extraction.
You shall not attempt to exploit any possible vulnerability in the App by probing, scanning, or any other means.
You shall not attempt to inject a virus, worm, or other malware into the App nor shall you overload, “flood,” “spam,” “crash,” or otherwise attempt to interfere with the use of the App to other users.
You shall not interfere or disrupt the service or servers, or networks connected to the service or inject any content or code or otherwise alter or interfere with the way any part of the App is rendered or displayed in a user’s device.
You shall not create accounts with the service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper.
You shall not restrict another user from enjoying or using the App.
You shall not encourage or facilitate violation of this Agreement or any other Company terms.
You shall not sell, transfer, license, or assign your account, followers, username, or any account rights.
You shall not create an account for anyone other than yourself unless you are authorized by your employers or clients to do so.
You shall not provide Company with any information during registration or at any other time that is not true, accurate, current, and complete. In addition, you agree to update your information as necessary to maintain its truth and accuracy.
You shall not solicit, collect, or use the login credentials of any other users.
You shall not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate others.
You shall not use the App for any illegal or unauthorized purpose. You agree to comply with all rules, laws, and regulations applicable to your use of the App and your content, including, but not limited to, copyright laws.
You shall not change, modify, adapt, or alter the App or change, modify, or alter another app so as to falsely imply that it is associated with the App or the Company.
This list of restrictions is not an exhaustive list. At any time, with or without notice and with or without cause, for any reason or no reason, if the Company determines, in its sole discretion, that any of your actions are inappropriate or disruptive, the Company reserves the right to terminate access to your account or remove any content from the App for any reason, without prior notice. Content removed from the App may continue to be stored by the Company, including, but not limited to, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
The Company shall investigate actions that may involve violations of system or network security and may involve and cooperate with law enforcement agencies in the prosecution of users who are involved in such violations. These violations may result in civil and/or criminal liability.
You are responsible for keeping your password secret and secure and you shall be solely responsible for the use of your account. You acknowledge and understand that you may incur standard data carrier charges for use of the App.
All rights not expressly granted in this Agreement are reserved by the Company and our licensors.
In consideration of your use of the App, (a) you agree that you are at least eighteen years old and have the capacity to agree to these terms or, if you are at least thirteen years old, your parent or guardian has reviewed and agreed to your use of the App and has the capacity to agree to these terms; (b) to provide accurate, current, and complete information about you as my be prompted by a registration form (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update your Registration Data and any other information you provide to the Company, to keep it accurate, current, and complete; and (e) to accept all risks of unauthorized access to information and Registration Data.
You are entirely responsible for all content you upload, post, or otherwise transmit through your use of the App. You agree to use the App in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the App that the Company, in its sole discretion, deems inappropriate and/or offensive may result in a suspension and/or termination of a User with or without notice.
You hereby authorize the Company to verify your representations and warranties and you acknowledge and agree that Company has the right but not the obligation to verify such information. You further agree that the Company may take any such action as it, in its sole discretion, deems appropriate, including but not limited to, suspending and/or terminating your use of the App.
You understand and agree that you have no ownership rights in the your account.
If you cancel your account or your account is terminated, the Company will mark all your information as deleted and the Company may delete this information permanently from the Company’s databases.
You shall abide by all privacy and data protection laws.
You shall take all reasonable physical, technological, and administrative care to protect the data you have obtained from the Company from misuse, loss, unauthorized disclosure, unauthorized use, destruction, or modification.
The App may contain third-party software that requires notices and/or additional terms and conditions. Such required third-party notices and/or additional terms and conditions may be requested from the Company and are made a part of and incorporated by reference into this Agreement. By using this App, you are also accepting the additional terms and conditions, if any, required by these third-party software notices and terms and conditions.
We shall take all reasonable, industry-standard measures to ensure your data is protected from loss, corruption, or destruction. However, in the unlikely even that your data is lost, corrupted, or destroyed, the Company shall have no responsibility or liability for such loss, corruption, or destruction.
Other users of the App may make copies of your data and may, therefore, have cached copies of your information over which we have no control. These cached copies may exist even after you have deleted such content from the App. In addition, even if no one else has cached copies of your data, if you delete any of your data, this deletion may not be immediate so your content may still be accessible for a reasonable period of time after you delete it or uninstall the App.
The Company reserves the right to remove any content from the App for any reason, without prior notice. Content removed from the App may continue to be stored by the Company, including, but not limited to, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
Defamation; Communications Decency Act Notice
The App is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230 and, as such, our liability for defamation and other claims arising out of anything posted to this App are limited as described therein. We neither warrant the accuracy of any postings nor exercise any editorial control over such postings.
of Intellectual Property
The material provided in the App is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, source and binary computer code, audio files, and other content in the App. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content (collectively “Content”) that may be found in the App. This intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in this Agreement are reserved by the Company.
You shall not copy or adapt any computer code that Company creates for the generation or display of the App; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute or other use the Content for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Company’s or its licensors’ property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You shall not sell or modify the Content or use the Content in any other application, web site, or in a networked computer environment for any purpose.
Availability of Services Provided by App
Although it is the Company’s intention for the services provided by the App (“Services”) to be available as much as possible, there will be occasions when the Services may be interrupted, including, but not limited to, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. The Company will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any content.
IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE APP MEETS YOUR NEEDS AND EXPECTATIONS. BY USING THE APP, YOU UNDERSTAND AND AGREE THAT INTERACTION WITH OTHER USERS IS AT YOUR OWN RISK AND JUDGMENT. COMPANY SHALL HAVE NO LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH OTHER USERS.
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH APP. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THE APP, THE COMPANY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE APP: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THIS APP IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE COMPANY HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER AND THAT THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP. AS SUCH, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, AND/OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE APP.
USERS OF THE APP TRANSACT BETWEEN THEMSELVES. THE COMPANY WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. THE COMPANY IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGES OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE APP, EVEN IF THE COMPANY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE APP; (B) THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO, THROUGH THE APP; OR (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OF DATA. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVEN WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED $100.
YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND THE COMPANY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE WITH ANY PROVISIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
Assumption of Risk
You agree and understand that you assume all risks when using the App, including, without limitation, any and all risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users.
You shall indemnify and hold the Company harmless from all claims or cause of actions, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to your: (a) use or misuse of the App; (b) acts and omissions on or off the App; (c) violation of this Agreement; (d) violations of any rights of a third party; (e) disputes with or between other users; (f) violation of any law or regulation; (g) inaccurate, untimely, incomplete, or misleading Registration Information; or (h) misstatements or misrepresentations. This indemnification extends to all of Company’s agents, affiliated companies, employees, contractors, directors, and officers, as well as anyone involved in creating or providing services to the Company. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you shall cooperate in asserting any available defenses.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof will be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orlando, Florida, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Florida, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
Jurisdiction and Venue
The courts of Orange County in the State of Florida, USA, and the nearest U.S. District Court in the State of Florida will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
This Agreement will be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Designed for Use Within The United States
This App is designed for use from within the United States. We do not represent that this App is appropriate for use elsewhere. Access to this App from locations where its contents is illegal is not authorized.
If any provision of these terms is declared invalid or unenforceable, such provision will be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision will not affect any other provision of these terms, and these terms will continue in full force and effect, and be construed and enforced, as if such provisions had not been included, or had been modified as above provided, as the case may be.
We shall not be liable for damages arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
User Submissions to Company
The Company welcomes your feedback with regard to the App. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you submit these Submissions regardless of this stated policy, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and we shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
If it becomes necessary for you to contact the Company for any reason, you may do so by using the following information:
Promo Applications, LLC
One SE Third Avenue, #3100
Miami, FL 33131