ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
ACCESSING THE STORE AND ACCOUNT SECURITY
- END USER LICENSE AGREEMENT
- License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, revocable, and nontransferable license to use the Store for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”).
- License Restrictions. You shall not:
- copy the Store
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Store;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Store or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Store, including any copy thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Store, or any features or functionality of the Store, to any third party for any reason, including by making the Store available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Store.
- Updates. The Company may from time to time, in its sole discretion, develop and provide Store updates. Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
- Third-Party Materials. The Store may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- RIGHTS WE GRANT YOU
The Company name, the terms Hiking Bingo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
- CONTENT OF OTHERS
- COPYRIGHT INFRINGEMENT
- We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Store infringe your copyright, you may request removal of those materials (or access to them) from the Store by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Store, a representative list of such works;
- identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the written notice is accurate; or
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated copyright agent to receive DMCA Notices is:
Coach M Pryor LLC
315 S Coast Hwy 101, Ste U37
- If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Store is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- PROHIBITED USES
- in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Company or users of the Store, or expose them to liability.
- In addition, you agree not to:
- use the Store in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Store, or that could damage, disable, overburden, or impair the functioning of the Store;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Store or extract other user’s information;
- use or develop any third-party applications that interact with the Store or other users’ content or information without our written consent;
- use or attempt to use another user’s account, username, or password without their permission;
- solicit login credentials from another user;
- upload viruses or other malicious code or otherwise compromise the security of the Store
- attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Store that you are not authorized to access;
- probe, scan, or test the vulnerability of the Store or any system or network; or
- RELIANCE ON INFORMATION POSTED
- The information presented on or through the Store is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Store, or by anyone who may be informed of any of its contents.
- The Store may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- CHANGES TO THE STORE
We are always trying to improve our Store and offer new products. Therefore, we may add or remove features, products, or functionalities, and we may also suspend or stop the Store altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
- THIRD-PARTY SERVICES
Some services, features, or functionalities of the Store may be operated by a third-party. Where a third-party service is made available through our Store, that parties terms will govern your relationship. Company is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
YOUR USE OF THE STORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE IS AT YOUR OWN RISK. THE STORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE STORE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE STORE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE STORE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE STORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE STORE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COMPANY WILL BE RESPONSIBLE FOR.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, OR INABILITY TO USE, THE STORE; (B) ANYTHING LINKED TO THE STORE; (C) ANY CONTENT ON THE STORE OR SUCH OTHER LINKS; (D) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE STORE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOU CONTENT; INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- GOVERNING LAW AND JURISDICTION
- LIMITATION ON TIME TO FILE CLAIMS
- WAIVER AND SEVERABILITY
- ENTIRE AGREEMENT
- YOUR COMMENTS AND CONCERNS
This Store is operated by Coach M Pryor LLC, 315 S Coast Hwy 101, Ste U37, Encinitas, CA 92024.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 8 in the manner and by the means set out therein.
All other feedback, comments, and other communications relating to the Store should be directed to: firstname.lastname@example.org.