End User License Agreement for Stakimi
Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using Stakimi (“Application”). As used herein, “Application” includes, without limitation, any services specific to the Application, software code, scripts, interfaces, graphics, displays, text, images, artwork, music or video clips, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. These terms are an agreement between You and Terticus, Inc. (“Terticus”). “You”, “Your” and “Licensee” in this License refer to you, an individual, and/or to the company or other legal entity on whose behalf you accept this License.
THE SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE, OR PROVIDE TERTICUS WITH ANY PERSONALLY IDENTIFIABLE INFORMATION.
1. Application. The Application allows you create your Interest Groups and to post questions and posts to your Interest Groups and join other Interest Groups and respond to questions or posts that were sent to you from those Groups. You can add comments to your responses as well as engage in one-to-one chats with group members who answered your question, or with the sender of the question sent to you. Questions and responses to questions can be composed of text and pictures. Posts can also include hyperlinks. Groups can be either Transparent, where each member can see who other members are, or Anonymous, where only the Group creator can view who are the members of the Group. Responses can be set by the sender of the question to be either private, where only the owner of the Group can view individual responses, or shared where each member of the Group who answered the question can see responses from others. The Application also aggregates responses to questions, charts them and displays details of the responses to those who responded to the question. You acknowledge that the Application is intended for ENTERTAINMENT PURPOSES ONLY. Terticus is not liable for any advice or content received through the use of the Application, or any actions you decide to take based on advice provided through the Application, or resulting from following any hyperlinks from the Application to any other sources.
a. Collection of Personally Identifiable Information. To use the Application you may register for an account with your email address and first and last name. By using registering with your email and first and last name, you are allowing Terticus to access some personally identifiable information like your first and last name and email.
2. Scope of License. This License granted to You for the Application by Terticus is limited to a non-transferable license to use the Application on any iPhone, iPad, iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This License does not allow You to use the Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of the Terticus and its licensors. If You breach this restriction, You may be subject to prosecution and damages. If Terticus makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions shall apply.
3. Consent to Use of Data. You agree that Terticus may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. Terticus may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
4. Termination. The license is effective until terminated by You or Terticus. Your rights under this License will terminate automatically without notice from Terticus if You fail to comply with any term(s) of this License. Upon termination of the License, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application. Terticus will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Terticus may have, now or in the future. These obligations survive termination of this License.
5. Services; Third Party Materials. The Application may enable access to TerticusÕs and third party services and web sites (collectively and individually, “Services”).
Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Terticus shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Terticus is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Terticus does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Terticus, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Terticus is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad or iPod touch are not available in all languages or in all countries. Terticus makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Terticus and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Terticus be liable for the removal of or disabling of access to any such Services. Terticus may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. User-Submitted Content. The Application contains features that allow You to submit, post or display content through the Application. You may not use or allow others to use the Application, directly or indirectly, nor upload, distribute, transmit, communicate, link to, public or access any data, information or material through, using or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates or encourages any conduct that violates laws or regulations or the rights of others; (c) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights; (d) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (e) may create a risk of any other loss or damage to any person or property; (f) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (g) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You are solely responsible and liable for any such activity, behavior, use and conduct. This means that You, and not Terticus or its collaborators, suppliers, or licensors, are entirely responsible for all content that You provide via the Application. Terticus reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Terticus or its collaborators, suppliers, or licensors be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted or otherwise made available via the Application. When using the Application, you agree not to give advice that could be potentially harmful, hurtful, offensive, or endangering.
If You provide user-submitted content through the Application (“User Submissions”), such as posts, comments on the answers to questions or posts, and chat messages, You automatically grant Terticus the unlimited right to store and view such content for the purpose of delivery and maintenance of the Application.
Terticus will not use such content outside of the Application. However, Terticus may also operate its own Groups such as Team Stakimi or Stakimi Test – for which it reserves the unlimited rights to use the User Submissions for marketing purposes outside of the Application, but without specific-user-identifying information.
You are solely responsible for your User Submissions (that includes also content shared between members of your Groups if you own a Group) and Terticus has no obligation to monitor or supervise such content or how such content may be used by Group members.
Terticus does not claim any ownership rights to the User Submissions that You post on or through the Application and has no obligation to pay You for any of Your User Submissions. Terticus is under no obligation to post or use any User Submissions You may provide and Terticus may remove Your Users Submissions at any time in its sole discretion. You agree that Terticus is not under any obligation of confidentiality, express or implied, with respect to Your Users Submissions. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submissions necessary to submit such material and to grant Terticus all of the license rights granted herein.
If you send to Terticus any comments or feedback about the Application, you grant Terticus a worldwide, irrevocable, perpetual, unlimited, free license for the use of such comments or feedback for any purpose by Terticus, and with no obligation to you.
7. Content Warranty Disclaimer. Terticus is not responsible for and makes no warranties, express or implied, as to the User Submissions or the accuracy and reliability of the User Submissions posted, shared, or distributed on or through the Application, whether by Application users or by any of the equipment or programming associated with or utilized in the Application. As the providers of Application, we are only a forum and are not liable for any statements, representations, or User Submissions provided by You or others. Any opinions, advice or recommendations expressed therein are those of You or others providing such Users Submissions and not those of Terticus. We do not endorse any User Submissions or any opinion, recommendation or advice expressed therein. Terticus is not responsible for the conduct, whether online or offline, of You or any user of the Application. Terticus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of any User Submissions or communication. Under no circumstances shall Terticus be responsible for any loss or damage, including personal injury or death, resulting from use of the Application, from any User Submissions posted, uploaded, shared, distributed, communicated, viewed on or through the Application, or from the conduct of any Application user, including Your use, whether online or offline. Terticus cannot guarantee and does not promise any specific results from use of the Application.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND ÒAS AVAILABLEÓ, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TERTICUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TERTICUS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TERTICUS OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. FURTHERMORE, YOU ACKNOWLEDGE THAT TERTICUS HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. THIS SECTION SHALL SURVIVE TERMINATION OF THIS LICENSE.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TERTICUS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TERTICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Terticus’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. This Section shall survive termination of this License.
10. Indemnification. You agree to defend, indemnify, and hold Terticus harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Application, Services, Content and User Submissions; (ii) your violation of this License; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.
11. Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied PersonÕs List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
12. U.S. Government Restricted Rights. The Application was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (a) through (d) of the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS and in similar clauses in the NASA FAR Supplement, and their successors, and all other Federal laws and regulations that protect Licensor rights in privately developed commercial software.
13. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
14. Contact Information. In the event that You have a question, complaint or claim regarding Your use of the Application, please contact us at: firstname.lastname@example.org
15. Modification or Amendment. Terticus may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the Application. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the Application.
16. Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
17. Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
18. Third Party Beneficiaries. Except as explicitly provided in this License or in the Related Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
19. Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.