MOBILE APPLICATION AND SERVICES END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE (“LICENSE”) CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE CHIPPIN APP MOBILE APPLICATION (THE “MOBILE APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE CHIPPIN APP MOBILE APPLICATION, YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE “ACCEPT” BUTTON AND YOU MAY NOT USE THE CHIPPIN APP MOBILE APPLICATION TO WHICH THIS LICENSE APPLIES.
1.1 The Chippin APP Mobile Application and Services accompanying this License are licensed, not sold, to you (“You” or “Your”) by Chippin LLC (“Chippin.app”), “Chippin APP”, “Chippin APP” “smartlistlocal.com”, “Us”, “We”, “Our”) for use strictly in accordance with the terms and conditions of this License and the applicable usage rules established by any third party mobile device platform or service provider or the third party from whom You are downloading this Mobile Application (as defined in section 1.2) that relate to Your Mobile Device (as defined in section 2.1) (“Usage Rules”), which are incorporated herein by reference. Certain Usage Rules are described in Section 19 of this License, however it is Your responsibility to determine what Usage Rules apply to Your use of the Mobile Application and Services, as they may be applicable to You depending on (i) Your Mobile Device, (ii) the method by which You downloaded the Mobile Application or accessed the preloaded Mobile Application, and (iii) the third party from whom You downloaded the Mobile Application or accessed the preloaded Mobile Application.
1.2 The term “Chippin APP Mobile Application and Services” (the “Services”) shall refer to and consist of the following: (I) the Chippin APP mobile software application, previously defined as the Mobile Application accompanying this License, together with various other Chippin LLC -powered mobile applications and certain third-party integrated mobile device software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any of the internet-based, interactive information services, advertising, general, editorial and personalized content, and interactive tools provided by Chippin LLC that may be used or accessible by means of the Mobile Application accompanying this License.
1.3 We use and publish a diverse range of proprietary and authorized third-party information, editorial content (“Third Party Editorial Content”), listings, directories, advertisements, copy, text, slogans, logos, symbols, designs, graphics, images, photographs, pictures, music, sound and video recordings, animations, effects and other material and User Generated Content (collectively the “Material”) available by means of the Services for Our authorized users’ personal, non-commercial use ONLY. ACCORDINGLY, YOU MAY VIEW, USE, COPY, AND DISTRIBUTE THE MATERIAL OBTAINED BY MEANS OF THE SERVICES FOR INDIVIDUAL, NONCOMMERCIAL, INFORMATIONAL PURPOSES ONLY AND IN COMPLIANCE WITH THIS LICENSE AND ALL APPLICABLE LAWS.
1.4 By using the Services You are representing that You are of legal age (18 years and over) and of legal competence to enter into a binding agreement with CHIPPIN LLC and are not otherwise prohibited from using or receiving the Services pursuant to any applicable Usage Rules and the laws of the local or national jurisdiction from which You are accessing or using the Services. If You are not able to make the representations in the preceding sentence, you are prohibited from accepting this License and using the Services, however, any unauthorized use of the Services by You shall be subject to this License until Your unauthorized usage terminates. CHIPPIN LLC does not knowingly collect any personal information from children through the Services. By using the Services on behalf of any third party You are representing to us that You are an authorized representative of that third party and that Your use of the Services constitutes their acceptance of the License.
1.5 We recommend that You retain a copy of this License and the applicable Usage Rules in either electronic or tangible format for Your subsequent reference. You may be able to access a Web-based version of this License by visiting http://smartlistlocal.com/about/legal/eula.
2. LICENSE GRANT AND RESTRICTIONS ON USE.
2.1 CHIPPIN LLC grants You a revocable, non-exclusive, non-transferrable, limited right to install and use the Mobile Application on a single mobile telephone or device controlled by You (each a “Mobile Device”), and to access and use the Services on such Mobile Device strictly in accordance with the terms and conditions of this License and the applicable Usage Rules.
2.2 You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile Application; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Mobile Application; (iii) violate any applicable laws, rules or regulations in connection with Your access or use of the Services; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of CHIPPIN LLC or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the any manner in which the Services are displayed by means of the Mobile Application; (v) install, use or permit the Mobile Application to exist on more than one Mobile Device at a time or on any other mobile device or computer, other than by means of Your separate downloads of the Mobile Application, each of which is subject to a separate license (this restriction however does not limit Your right to reinstall the Mobile Application on the specific Mobile Device for which it was downloaded); (vi) distribute or link the Services to multiple Mobile Devices or other services; (vii) make the Services available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (viii) use the Services for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose (including, without limitation, for a use that is, directly or indirectly, competitive with or in any way a substitute for any services offered by CHIPPIN LLC ) other than one authorized pursuant to this License; (ix) use the Services to send automated queries or to send any unsolicited commercial e-mail; (x) use the Services to attempt to interfere with the proper functioning and display of the proper operation and usage of the Services or the CHIPPIN LLC Websites by any other authorized users and third parties; or (xi) use any proprietary information or interfaces of the Services or other intellectual property for any reason.
2.3 You agree that You will not use the Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which they are not designed or intended (except that Chippin LLC and its affiliates and their respective employees are expressly permitted to use the Services for the internal business purposes of Chippin LLC and its affiliates). By using the Services, you agree that You will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for Your own personal, non-commercial use) accessed by the Services without the prior written consent of CHIPPIN LLC. In addition, you will not use the Material for any unauthorized non-commercial marketing or promotional campaigns, targeted or mass solicitation campaigns or political campaigning. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES OR EMAILS IS IN VIOLATION OF THIS LICENSE AND MAY BE IN VIOLATION OF UNITED STATES FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS.
2.4 Some or all the Services may be provided by an affiliate or subsidiary of CHIPPIN LLC or a third party, and You may be subject to both this License and the terms of service of that third party. Certain portions of the Services may utilize or include third party software that is subject to open source and third-party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third-Party Software as part of, or in connection with, any Mobile Application is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third-party licenses with regard to Your use of the relevant Third-Party Software, the terms of the open source or third-party licenses shall control. In no event shall these Services or components thereof be deemed to be “open source” or “publicly available” software.
2.5 CHIPPIN LLC does not warrant that the Services will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or device installed on or used in connection with Your Mobile Device. You acknowledge and agree that Chippin LLC and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
2.6 You acknowledge that You are responsible for addressing any third-party claims relating to Your use or possession of the Services and agree to notify CHIPPIN LLC of any third-party claims relating to the Services of which You become aware. Furthermore, you hereby release CHIPPIN LLC from any liability resulting from Your use or possession of the Services, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
2.7 You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction(s) in which any Service was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist sponsoring” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Services for any purposes prohibited by United States law.
2.8 You acknowledge that CHIPPIN LLC may from time to time issue upgraded versions of the Services and may automatically electronically upgrade the version of the Mobile Application that You are using on Your Mobile Device. You consent to such automatic upgrading on Your Mobile Device and agree that this License will apply to all such upgrades.
2.9 From time to time and without prior notice to You, we may change, expand and improve the Services. We may also, at any time, suspend or cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Services accessible by the Mobile Application. Any modification, suspension, or elimination of the Services will be done in Our sole and absolute discretion and without an ongoing obligation or liability to You. Your use of the Services does not entitle You to the continued provision or availability of the Services.
3. YOUR USE OF THE SERVICES.
3.1 You acknowledge and understand that certain Services require and utilize phone service, data access or text messaging capability. Except as otherwise noted as part of the Services, CHIPPIN LLC does not charge for the use of Services, but carrier rates for phone, data and text messaging may apply and You are responsible for any such charges.
3.2 The functional use of the Services may be dependent on the data related to Your geographic location and geopositioned data, and You acknowledge and agree that Your failure to provide (or make accessible) that data may limit the functionality of the Services. CHIPPIN LLC makes no warranty with respect to the accuracy of Services provided to You in reliance on location and geopositioned data provided by You, the Mobile Application or via Your Mobile Device.
3.3 In providing the Services, WE may choose to actively monitor the display, transmission and exchange of Material that is accessible by means of the Services, but We do not maintain any obligation do to so except as otherwise determined by us or required by the laws of applicable jurisdictions. We reserve the right to monitor the Services for the purpose of determining that their usage is in compliance with this License and applicable laws.
3.5 When using the Services, You shall: (i) observe all traffic laws and otherwise drive safely; (ii) use Your own personal judgment while driving, and if You feel that any directions or route suggested by the Services instructs You to perform an unsafe or illegal maneuver, places You in an unsafe situation, or directs You into an area that You consider to be unsafe, then You will not follow such suggested directions or route; (iii) not input destinations, or otherwise interact with the Mobile Application, unless Your vehicle is stationary and legally parked; (iv) not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this License; and (v) arrange all wireless devices and cables necessary for use of the Services or Mobile Device in a secure manner in Your vehicle so that they will not interfere with Your driving and will not prevent the operation of any safety device (such as an airbag).
3.6 You are under no obligation to use or continue to use the Services and may temporarily or permanently cease use of the Services without notice to CHIPPIN LLC .
4.1 Certain personal information and other information provided by You in the use of the Services, and your usage history, may be stored on Your Mobile Device even if such information is not collected by CHIPPIN LLC . It is Your responsibility to maintain the security of Your Mobile Device from unauthorized access.
4.2 CHIPPIN LLCreserves the right to collect and use of any personal information or other information about You whether directly, or in connection with the Services, including, without limitation, the location-based Services. In addition, Chippin LLC reserves the right to track usage of this program, including but not limited to, listings viewed, dialed, ads displayed or the like, for marketing and sharing purposes. Please note, if You choose “Allow” to allow the Services to use Your current location, then You give Chippin LLC and its affiliates or vendors permission to use, disclose, and display the current location of Your Mobile Device in the provision of this Service, including geo-tagging Your messages and content. CHIPPIN LLC is not responsible for Your location information, and it may be publicly disclosed. CHIPPIN LLCreserves the right to share any collected data, with any other party. CHIPPIN LLC will not be held responsible for any leak of private information, even if it is hacked by or used by criminals or released due to negligence.
4.3 As indicated in this License, the Services are designed for adults of legal age (18 years and over) and access to content provided by advertisers or other third parties may not be suitable for children. CHIPPIN LLC does not knowingly collect personal information from children through the Services.
5. INTELLECTUAL PROPERTY NOTICE.
5.1 You acknowledge and agree that (i) the Services, and any related Material, (including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto), (ii) the source and object code of the Services, (iii) the format, directories, queries, algorithms, structure and organization of the Services, and/or accessed using the Services, (iv) the CHIPPIN APP company names, logos, and all related products and service names, design marks and slogans, and (v) any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights associated therewith (collectively, the “Intellectual Property”), are the sole property of CHIPPIN LLC , its wholly-owned subsidiaries, parents, affiliates, licensors, suppliers or other third parties. Except as expressly and unambiguously provided herein, You do not possess, and CHIPPIN LLC does not grant to You, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use of the Intellectual Property) and all such rights are retained by CHIPPIN LLC , its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. You acknowledge and agree that You, and not CHIPPIN LLC or any third party mobile device platform or service provider, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, or any other harm or damages resulting from Your use of or access to the Mobile Application, Services and Material.
6. CONTENT LICENSE FROM YOU.
6.1 Content submitted to Us or posted on the Sites and/or the Services, in any form or medium, by authorized users of the Sites and Services, including, without limitation, comments, ratings, reviews, recommendations, analysis, commands, input, preferences, settings, data, questions, answers, responses, feedback, proposals, ideas, suggestions, plans, creative content, copy, phrases, text, slogans, logos, symbols, designs, audio, music, sounds, compositions, artwork, images, photos, pictures, videos, animations, graphics, and URLs, is considered “User Generated Content.” As between You and CHIPPIN LLC , You may possess certain intellectual property rights in Your own User Generated Content that You may submit to Us, or display and/or post via the Services, By generating, submitting or posting in any form or medium, User Generated Content to us or via the Services, You hereby grant to Chippin LLC and its affiliates, and third parties authorized by Us to distribute the information contained in the Services, in whole or in part, on the third parties’ websites, networks or via other applications (Our “Third-Party Distributors”), an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, repurpose, prepare derivative works from, publish, publicly perform, publicly display, distribute, redistribute and communicate any and all such User Generated Content, without any obligation, notification or compensation to You. This license is granted to CHIPPIN LLC, its affiliates and Third-Party Distributors with respect to the use of such User Generated Content in connection with the Services and any subsequent version or modification thereof.
6.2 You agree and acknowledge that the foregoing license grants to Chippin LLC and its affiliates and Third-Party Distributors the full right and authority to use User Generated Content for any purpose related to the Services, including, without limitation, the marketing, sale, syndication, and development of the Sites, Services and any successors thereto. This license includes an unrestricted right and authority for CHIPPIN LLC to make the User Generated Content available to sublicense to other companies, organizations or individuals.
6.3 You agree and acknowledge that Chippin LLC and its affiliates may modify, adapt, reformat, and otherwise alter or make use of Your User Generated Content in such manner as may be required to conform the User Generated Content to standards, protocols, formats and requirements related to the Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Chippin LLC and its affiliates and Third-Party Distributors are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
6.4 Your use of the Services to generate, submit or post User Generated Content confirms Your representation and warranty that You possess all necessary legal rights, power and authority to grant to Chippin LLC and its affiliates Third-Party Distributors the foregoing license. You further represent, warrant and agree that the User Generated Content You generate, submit or post will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, and will not contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
6.6 CHIPPIN LLCis under no obligation to review any User Generated Content submitted, posted or otherwise displayed through the Services and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is in any way sponsored or endorsed by CHIPPIN LLC or its affiliates.
6.7 CHIPPIN LLCreserves the right, but not the obligation, to refuse to post or remove any User Generated Content (or any portion thereof) at Our sole and absolute discretion. User Generated Content We may remove or refuse to post may include, without limitation, any of the following:
Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity;
Reviews submitted by the reviewed business’s owners, employees (past or present), agents, affiliates and/or competitors;
Reviews that are exclamatory or otherwise appear to be purposefully deceptive, as determined by CHIPPIN APP in its sole discretion;
Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
Language that violates the standards of the Sites, the Services and/or the policies of CHIPPIN APP and its affiliates as determined by CHIPPIN APP in its sole discretion;
Any content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user’s affiliation with a person or entity;
Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information;
Any content that links (or includes embedded links) to any of the foregoing, or that links to social networking sites.
7. THIRD PARTY PROVIDER CONTENT AND SERVICES.
7.1 Some of the listings, advertisements, promotions, recommendations, advice, information, materials, content and services to which You may have access by using the Services are owned or provided by third parties (collectively “Third Party Content Provider(s)”). It is Your responsibility to monitor when You have accessed any such content or services that is not part of the Services (collectively, the “Third Party Provider Content and Service(s)”) and We do not undertake any obligation to expressly notify You when You are accessing any Third Party Provider Content and Services that are not part of the Services. Third Party Provider Content and Services may include, without limitation, advertisements, other search and listing services, information and referrals, ratings services, geographic location and navigation services, businesses which allow You to bid for and/or purchase products or services, and other services of general or specific interest.
7.2 CHIPPIN LLC makes no representations whatsoever concerning (1) the information, software or other material appearing on, or accessible through, any Third Party Provider Content and Services (including without limitation, any advertisement for products or services), (2) the performance or operation of any Third Party Provider Content and Services (including, without limitation, any transactions initiated or conducted through any Third Party Provider Content and Services, any taxes associated therewith and any use by third parties of user credit card information), (3) any products or services advertised or sold on or through any Third Party Provider Content and Services (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (4) the sellers of any products or services advertised or sold on or through any Third Party Content Provider Service. CHIPPIN LLCs hall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with Your use of Third Party Provider Content and Services or Your reliance on any such Third Party Content Provider content, goods or services, available on or through any Third Party Provider Content and Services.
8. CONTENT DISCLAIMER
8.1 Use of the Services may result in search results and information listings that may commingle advertising and sponsored business listings (“Paid Advertising Content”) with other business listings that are not Paid Advertising Content. Depending on the locality of the search and the wording of user-provided search terms, Paid Advertising Content may be included in a search results list intermingled with other search results. We do not undertake to identify which content, if any, is Paid Advertising Content, however, You agree and acknowledge that search results may be displayed in an order or manner which gives priority to Paid Advertising Content.
8.2 We make no guarantees or endorsements, nor can we be responsible for, any information accessible using the Services or included in the Material, including the currency, content, quality, copyright compliance or legality of such information, nor are we responsible for any resulting loss or damage relating to the use of such information. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible using the Services. Where appropriate, we will endeavor to update information accessed using the Services on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.
8.3 We do not investigate, represent or endorse any positions, ideas, ideologies, concepts or opinions contained in any Third Party Editorial Content or User Generated Content, including, without limitation, any advice, comments, instructions, ratings, reviews, or recommendations, posted or contained on, distributed through, linked to, downloaded from or accessed via the Services.
8.4 You acknowledge and accept that use of the Services may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or decency of material contained in any externally linked websites or services. We do not fully screen or investigate business listing websites before or after including them in directory listings that become part of the Material accessible using the Services, and We make no representation and assume no responsibility concerning the content that third parties may submit to become listed in any of these directories. You acknowledge and accept that the Services and external websites accessible via the Services may contain content provided by advertisers or other third parties that may not be suitable for children.
8.5 CHIPPIN LLC makes no representation that any third party mobile device platform or service provider has endorsed the Services, and You should not rely on the availability of the Mobile Application by means of any mobile application catalog, storefront, or other means of downloading as an endorsement of the Mobile Application, the Services or CHIPPIN LLC generally. In no event shall any third party mobile device platform or service provider have any obligation to You whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
9. WARRANTY DISCLAIMER.
9.1 Any use of the Mobile Application, the Services, reliance upon any of the Material, and any use of the Internet generally shall be at Your sole risk. CHIPPIN LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, licensure of Third Party Content Providers, reliability, operability or availability of information or Material accessible by use of the Services.
9.2 THE SERVICES (INCLUDING MATERIAL AND INFORMATION POSTED AND ACCESSIBLE THEREWITH) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHIPPIN LLCDISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOBILE APPLICATION, SERVICES AND MATERIAL. CHIPPIN LLCDOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MOBILE APPLICATION, SERVICES, MATERIAL, OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. CHIPPIN LLCDOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
9.3 CHIPPIN LLCDISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED, ACCESSIBLE OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH USE OF THE SERVICES; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MOBILE APPLICATION, SERVICES AND MATERIAL.
9.4 NO ADVICE OR INFORMATION PROVIDED BY CHIPPIN LLC , ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES AND AGENTS SHALL CREATE ANY WARRANTY.
9.5 NONE OF CHIPPIN LLC , ITS AFFILIATES, OR ANY ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE MOBILE APPLICATION, SERVICES, OR ANY THIRD PARTY PROVIDER CONTENT OR SERVICES, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN ACCESSED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE MOBILE APPLICATION (INCLUDING WITHOUT LIMITATION, THOSE ACCESSED USING THIRD PARTY PROVIDER CONTENT OR SERVICES), (3) ANY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF ANY THIRD PARTY PROVIDER CONTENT OR SERVICE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT, PROMOTION, OR OTHER INFORMATION OR MATERIAL IN CONNECTION WITH ANY MOBILE APPLICATION, OR (4) THE INTERNET GENERALLY.
9.6 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
9.7 THE LOCATION-BASED SERVICES ARE INTENDED ONLY AS FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MOBILE APPLICATION OR SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
9.8 NEITHER CHIPPIN LLC , NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT THE MOBILE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CHIPPIN LLC AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
10. LIMITATION OF LIABILITY.
10.1 IN NO EVENT SHALL CHIPPIN LLCOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE MOBILE APPLICATION AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF CHIPPIN LLCOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS ARE AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SERVICES, (2) THE MATERIAL OR THE INTERNET GENERALLY, (3) RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MOBILE APPLICATION OR ANY THIRD PARTY PROVIDER CONTENT OR SERVICES, OR (4) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT, PROMOTION, OR OTHER INFORMATION OR MATERIAL ACCESSED USING THE MOBILE APPLICATION. NEITHER CHIPPIN LLC , NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORMS OR SERVICE PROVIDERS, ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS OR OTHER MATERIAL ACCESSIBLE FROM THE MOBILE APPLICATION.
10.2 THE USER OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICES GENERALLY.
10.3 THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
10.4 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10.5 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHIPPIN LLC ‘S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
11.1 You agree to indemnify and hold Us and, as applicable, Our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, licensors, suppliers and Third Party Content Providers, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (i) Your breach of any representation, warranty, covenant or obligation set forth in this License (or any other violation of Your agreement with CHIPPIN LLCon the basis of this License); (ii) Your use or misuse of any location information; (iii) any information, User Generated Content or other material transmitted, submitted or provided by You through the Services, including Your use of the Services to provide a link to another Website or to upload content or other information using the Mobile Application and, without limitation, Our exercise of Our rights with respect to such information; (iv) Your violation of any law, or Your violation of the rights of a third party, including the infringement by You of any intellectual property or other right of any person or entity; (v) Your use of any User Generated Content or Third Party Provider Content and Services including, without limitation, (a) any information, software or other material viewed or accessed by You through any Third Party Provider Content and Services (including without limitation, any advertisement or coupon for products or services using any Third Party Provider Content and Services), (b) any transactions initiated or conducted by You through any Third Party Provider Content and Services (including, without limitation, any taxes associated therewith and any use by third parties of Your credit card information), (c) any products or services that You bid on, purchase or otherwise obtain through any Third Party Provider Content and Services (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (d) any reservations You make through any Third Party Content and Service, and (e) the conduct of sellers of any products or services that You bid on, purchase or otherwise obtain through any Third Party Provider Content and Service).
11.2 The foregoing indemnity obligations will survive any termination of this License.
11.3 CHIPPIN LLCreserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, which will not excuse Your indemnity obligations under this Section. You agree not to settle any matter subject to the forgoing indemnification obligations without the express consent and approval of CHIPPIN LLC .
12. DIGITAL MILLENNIUM COPYRIGHT COMPLAINTS.
12.1 Procedure to Report an Infringement Notification. CHIPPIN APP respects the copyright rights of others, and We ask Our advertisers and other third parties to do the same. In appropriate circumstances and at Our discretion, We may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if You reasonably believe that any Material on the Sites contains unauthorized reproductions of Your copyrighted work or otherwise infringes an exclusive copyright right, and You reasonably believe it is appropriate to notify Us to take any action/and You want Us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”) You must promptly provide in writing the following information:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
Information reasonably sufficient to permit Us to contact You, such as Your name, address, telephone number, and e-mail address;
Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Send the written communication to:
Chippin LLC dba Chippin APP
129 Alan Court
Lakewood, NJ 08701
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 12.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY CHIPPIN APP NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
12.2 Procedure to Report Mistakenly Removed Material
If You reasonably believe that any Material on the Site has been mistakenly removed pursuant to a claim filed under the DMCA, You must promptly provide the following to file a counter-notification as required by the DMCA:
Identification in writing the material that was mistakenly removed or disabled from access;
A description that reasonably identifies the material that has been removed or to which access has been disabled and the location of the material prior to its removal;
Include the statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled from access as a result of mistake or misidentification of the material to be removed or disabled.”;
Your name, address, telephone number, and email address;
Include the statement: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or any judicial district in which the service provider may be found, and I will accept service of process from the person who provided the notification under Section 512(c)(1)(C) or an agent of such person.”;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Send the written communication to:
Chippin LLC dba Chippin APP
129 Alan Court
Lakewood, NJ 08701
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 12.2 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY CHIPPIN APP NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
12.3 Please note that You may be liable for damages, including costs and attorney’s fees, under the DMCA if You knowingly materially misrepresent: (a) that material on the Site infringes upon Your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification.
12.4 If a user is found to be a repeat infringer of the copyright rights of others, CHIPPIN APP may terminate access to the user’s Account.
13.1 CHIPPIN LLCmay, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if We determine in Our sole discretion that You have violated or failed to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by CHIPPIN LLC . Upon the termination of this License, You shall cease all use of the Services and uninstall the Mobile Application from Your Mobile Device. CHIPPIN LLCreserves the right to terminate or disable all or any portion of the Mobile Application via update of the Mobile Application.
14. REMEDIES AVAILABLE TO US.
14.1 CHIPPIN LLCreserves the right to seek any and all remedies available at law or in equity in connection with Your violation of this License.
15.1 You may not assign this License or otherwise transfer Your obligations or interests under this License, in whole or in part; any attempt to do so shall be void.
16.1 If for any reason a court of competent jurisdiction finds any provision of this License to be invalid or unenforceable, that provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the License will continue in effect and remain fully enforceable.
17. LIMITED TIME TO BRING CLAIM.
17.1 You acknowledge and agree that that it is the intent of both You and CHIPPIN LLCto limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
18.1 You are responsible for compliance with applicable laws, regulations and ordinances related to Your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including U.S. Federal law) but also the laws, regulations and ordinances of any jurisdiction from which You access the Services.
18.2 This License will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and You agree to submit to personal jurisdiction in Ocean County, New Jersey. You agree to exclude, in its entirety, the application to this License of the United Nations Convention on Contracts for the International Sale of Goods.
18.3 All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of Your state of residence in the United States, or, if You reside outside the United States, under the laws of the country in which the subject Services are directed.
18.4 Any notices required to be given under this License shall be given in writing and shall be delivered to the following address:
Chippin LLCdba Chippin APP
129 Alan Court
Lakewood, NJ 08701
18.5 Except as expressly stated herein, this License constitutes the entire agreement between You and CHIPPIN LLC with respect to Your use of the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between You and CHIPPIN LLC with respect to Your use of the Services and/or the subject matter of this License.
18.6 Except as provided in this Section 18.6, 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. Notwithstanding the foregoing, You acknowledge and agree that each of CHIPPIN LLC ‘s associated mobile device platform and service providers are third party beneficiaries to this License, and that, upon Your acceptance of the terms and conditions of this License, such associated mobile device platform and service providers will have the right to enforce this License against You in its capacity as a third party beneficiary to this License.
18.7 Any waiver of any provision of this License will be effective only if in writing and signed by You and CHIPPIN LLC . Our failure to enforce Our rights and remedies available to Us with respect Your breach of this License shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of this License.
18.8 To be removed from future CHIPPIN LLC marketing e-mail campaigns, please e-mail email@example.com.
19. USAGE RULES, ADDITIONAL OBLIGATIONS/RIGHTS RELATED TO YOUR MOBILE DEVICE.
19.1 Without limitation, Your use of the Services with a Palm® smartphone or via download from any Website operated by Palm, Inc. is subject to Usage Rules established by Palm, Inc., located in the Palm® application store agreement the applicable provisions of which are incorporated herein by this reference. You may not imply that any User Generated Content is any way sponsored or endorsed by Palm, Inc.
19.2 Without limitation, Your use of the Services with a BlackBerry® smartphone or via download from any Website operated by Research in Motion Limited, including BlackBerry® AppWorld® storefront, is subject to Usage Rules established by Research in Motion Limited, located at, or accessible through, the BlackBerry My World repository, the applicable provisions of which are incorporated herein by this reference.
19.3 Without limitation, Your use of the Mobile Application and Services with any Apple® device, including iPhone®, iPod touch® and iPad® mobile digital device, is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference. In the event of any failure of the Mobile Application to conform to any applicable warranty, You may notify Apple Inc. and Apple Inc. will refund to You the purchase price for the Mobile Application, if any; and, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever to You with respect to the Mobile Application. Apple Inc. is not liable for any claims by You or any third party relating to the Mobile Application, or Your possession or Your use of the Mobile Application, including, but not limited to, (i) any product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
19.4 Without limitation, Your use of the Services with an Android® smartphone or via download from any Website operated by Google.com, including Google® Play Store® storefront, is subject to Usage Rules established by Google.com, located at, or accessible through, the Play Store repository, the applicable provisions of which are incorporated herein by this reference.
19.5 Without limitation, Your use of the Services with an Windows® smartphone or via download from any Website operated by Microsoft, including Marketplace® storefront, is subject to Usage Rules established by Microsoft, located at, or accessible through, the Marketplace repository, the applicable provisions of which are incorporated herein by this reference.
20. THIRD PARTY SOFTWARE NOTICES.
20.1 Portions of the Mobile Application are provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted pursuant to this License do not alter any rights and obligations You may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this License will apply to all elements of the Services.
20.3 Palm and Pre are trademarks of Palm, Inc. All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
20.4 BlackBerry®, AppWorld® and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world. Used under license from Research In Motion Limited.
20.5 iPhone, iPod touch and iPad are trademarks of Apple Inc.
20.6 Windows Mobile are trademarks of Microsoft Inc.
These Terms were last modified and effective as of January 10, 2019