Terms & Conditions
ObviPop End-User License Agreement ObviPop Copyright (c) 2015 ObviPop LLC *** END USER LICENSE AGREEMENT *** IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE By installing and/or using the ObviPop mobile application, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement. Your use of ObviPop indicates your acceptance of this license agreement and warranty. Subject to the terms of this Agreement, ObviPop LLC grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use ObviPop in accordance with this Agreement and any other written agreement with ObviPop LLC. ObviPop LLC does not transfer the title of ObviPop to you; the license granted to you is not a sale. This agreement is a binding legal agreement between ObviPop LLC and the purchasers or users of ObviPop. If you do not agree to be bound by this agreement, remove ObviPop from your device.
2. DISTRIBUTION ObviPop and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. USER AGREEMENT 3.1 Use Your license to use ObviPop is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of ObviPop. 3.2 Use Restrictions You shall use ObviPop in compliance with all applicable laws and not for any unlawful purpose. There is no tolerance of inappropriate and/or objectionable content. In the event that a user generates content of inappropriate, objectionable, and/or obscene nature, that user will be consequently ejected from the ObviPop mobile application. 3.3 Copyright Restriction This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile ObviPop. Nor can you create any derivative works or other works that are based upon or derived from ObviPop in whole or in part. ObviPop LLC's name, logo and graphics file that represents ObviPop shall not be used in any way to promote products developed with ObviPop. ObviPop LLC retains sole and exclusive ownership of all right, title and interest in and to ObviPop and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of ObviPop, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for ObviPop LLC. 3.4. Limitation of Responsibility You will indemnify, hold harmless, and defend ObviPop LLC , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of ObviPop LLC's Software. In no event (including, without limitation, in the event of negligence) will ObviPop LLC , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, ObviPop or the use or inability to use ObviPop or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. 3.5 Warranties Except as expressly stated in writing, ObviPop LLC makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. 3.6 Governing Law This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 3.7 Termination Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of ObviPop and destroy all copies of ObviPop supplied under this Agreement.
4. DISCLAIMER OF WARRANTY THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ObviPop AS WELL.
5. CONSENT OF USE OF DATA You agree that ObviPop LLC may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to ObviPop. ObviPop LLC may also use this information to provide notices to you which may be of use or interest to you.
What personally identifiable information is collected from you through the mobile app, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
Users consent to their personal data will be uploaded to your server
Users consent to share their personal information (email address, phone number, social media, etc.) with other users.
Users consent to share their location on a map to other users.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: • See what data we have about you, if any. • Change/correct any data we have about you. • Have us delete any data we have about you. • Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The servers in which we store personally identifiable information are kept in a secure environment.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
This mobile app contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.