END USER LICENSE AGREEMENT AND TERMS CONDITIONS.
This End User License Agreement and Terms of Service (this “EULA”) constitutes a binding contract between you and The Dogging. App. Throughout this EULA, we will refer to you as “you”, we will refer to DoggingApp., as “we”,“us”, This EULA governs your use of the website (the “Website”) and any mobile applications (each, an “App”) or other Internet services under our control and used to provide our services to you (the Website, Apps, and such Internet services are, collectively, termed the “Service”). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
To have a copy of this EULA sent to you, contact DOGGING APP at [email protected]
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 22, you agree that disputes arising under this EULA will be resolved by binding, individual arbitration, and BY ACCEPTING this EULA, YOU AND DOGGING APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
GENERAL TERMS AND CONDITIONS.
- The Service provides a platform for interested users (“Users“) to connect and meet new people. DOGGING APP will provide you with a series of profiles of other Users (“Prospects“) on the Service. Once you and a particular Prospect indicate you like each other, messaging is opened up between you.
- Third Party Fees. You may incur third party fees through use of the Service. In addition, you may be subject to third party terms, through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
- Changes to the EULA. DOGGING APP reserves the right to revise this EULA in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised EULA on the Service. DOGGING APP will endeavor to provide notice to you of material changes to this EULA. Unless otherwise stated in the Service, revisions to this EULA are effective upon posting and your continued use of the Service after a revised version of this EULA has been posted by DOGGING APP to the Service constitutes your binding acceptance of such revised EULA. This EULA will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the EULA.
- Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Scope of License to Users.
- License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this EULA. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, DOGGING APP hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. The Service is for your personal, non-commercial use only.
- License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
- Applicability to Updates. The terms of the EULA will govern any updates provided to you by DOGGING APP that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
Registration and Eligibility; Your Account.
- Registration. Anyone may apply to be a part of the Service by logging in through the social media networks identified on the Service, such as Facebook and LinkedIn (collectively, “Social Networks”). We may also allow Users to register with the Service natively. We reserve the right to disallow anyone from registering for the Service.
- Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. You shall be solely responsible for maintaining the confidentiality of your password. If you have any reason to believe that your account has been compromised or that your account has been accessed by a third party, you agree to immediately notify DOGGING APP via e-mail at contact [email protected]. You will be solely responsible for the losses incurred by DOGGING APP and others due to an unauthorized use of your account.
Content You Submit; License Grants From You.
- Your Content. When you log in, we will collect the information you have made publicly available in your Social Networks, or have otherwise authorized your Social Networks to share with third party applications like ours, such as your profile picture, education, and employment information (collectively, with any other content you include in your Profile (defined below), Social Content).
- We use your Social Content to populate your profile on the Service (your “Profile“) and suggest Prospects to you. DOGGING APP claims no ownership or control over your Social Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of your Social Content. You are responsible for protecting those rights.
- License Grants to DOGGING APP. By logging into the Service, you grant DOGGING APP a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your Social Content in order to facilitate the display of your Social Content to you and other Users.
- You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own your Social Content or otherwise have the right to grant the license set forth in this EULA, (ii) the use of your Social Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Social Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of your Social Content that you post on or through the Service. You also acknowledge and agree that your Social Content is non-confidential and non-proprietary.
- Privacy. We do not show your Profile to all Users. Through the information we obtain from your Social Networks, we will use commercially reasonable efforts to display your Profile only to Users that (i) you are not connected with on a Social Network (e.g., your Facebook friends or LinkedIn connections) or (ii) have not identified the same current employer on their Social Networks as you.
- Fees. DOGGING APP may charge you a fee for certain features on the Service (the “Fee“). Any Fee will be set forth on the Service. DOGGING APP reserves the right to determine pricing for the Service. DOGGING APP will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. DOGGING APP may change the fees for any feature of the Service, including additional fees or charges, if DOGGING APP gives you advance notice of changes before they apply. DOGGING APP, at its sole discretion, may make promotional offers with different features and different pricing to any of DOGGING APP’s customers. These promotional offers, unless made to you, will not apply to your offer or this EULA. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars
- Authorization. You authorize DOGGING APP to charge all sums for the orders that you make and any level of Service you select as described in this EULA or published by DOGGING APP, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, DOGGING APP may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include automatically recurring payments for periodic charges (“Subscription Service“). If you activate a Subscription Service, you authorize DOGGING APP to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums
Sending Messages Through the Service; Inviting Friends.
The Service may allow Users to send messages or other communications (such as through forums) (collectively, “Messages“) to other Users. Sending Messages is a privilege, not a right, and DOGGING APP may terminate such privileges of any User at any time and for any reason, without any liability to such User. If a User sends you an objectionable Message, then please notify us by sending an e-mail. You agree that DOGGING APP may monitor Messages for compliance with this EULA, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sub licensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as DOGGING APP may deem appropriate in its sole discretion.
- Inviting Friends. DOGGING APP may offer you the ability to invite your friends to use the Service by sending them a text message from your phone. You represent and warrant you will only send text messages through the Service to people who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold DOGGING APP harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges associated with such messages.
Third Party Materials; DOGGING APP Content.
You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials“), and data, information, applications, materials and other content from DOGGING APP (collectively, “DOGGING APP Content” and, together with Third Party Materials, but excluding your Social Content, “Service Content“), that may be offensive, indecent, or objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk. DOGGING APP will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. DOGGING APP makes no representation that the Service, any third party services, and Service Content 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 and all applicable laws.
Your Use of the Service and Service Content. Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
You may access the Service solely as intended through the provided functionality of the Service and as permitted under this EULA.
You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without DOGGING APP’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without DOGGING APP’s express written consent:
altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
using any trademarks, service marks, design marks, logos, photographs or other content belonging to DOGGING APP or obtained from the Service.
You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by DOGGING APP.
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent DOGGING APP makes available the means for embedding any part of the Service or Service Content.
You agree not to access, tamper with, or use non-public areas of the Service, DOGGING APP’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of DOGGING APP’s providers.
You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including DOGGING APP employees and other Users.
You agree not to provide any false personal information to DOGGING APP or any other User, or create a false identify or impersonate another person or entity in any way.
You agree not to create a new account on the Service, without DOGGING APP’s express written consent, if DOGGING APP has previously disabled an account of yours.
You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users.
You agree not to use the Service, without DOGGING APP’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this EULA.
You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
You agree not to violate any applicable federal, state or local laws or regulations or this EULA.
You agree not to assist or permit any persons in engaging in any of the activities described above. A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
Consent to Use of Data. You agree that DOGGING APP may collect and use technical data and related information, including, but not limited to, device location, and other 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 Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
Ownership. The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of DOGGING APP and its licensors. Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel or otherwise.
Feedback. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas“), we will:own, exclusively, all now known or later discovered rights to the Creative Ideas; not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Consequences of Violating this EULA.We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. DOGGING APP may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates the EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this EULA and your use of the Service.
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
Background Checks; Offline Interactions; Events. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS, INCLUDING AT ANY DOGGING APP-HOSTED OR SPONSORED EVENTS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. DOGGING APP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release DOGGING APP of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. DOGGING APP makes no representations or warranties as to the conduct of Users. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DOGGING APP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. ALL USERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
Content Accuracy. To the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, to the fullest extent permitted by law, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
To the fullest extent permitted by law, we make no promises and disclaim all liability of specific results from the use of the Service.
Termination. This EULA is effective until terminated by you or DOGGING APP. Your rights under this EULA will terminate automatically without notice from DOGGING APP if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate the EULA by emailing us Upon any termination of the EULA, you must immediately cease all use of the Service.
Disclaimer YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOGGING APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO DOGGING APP AND USD $100.
Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any DOGGING APP Content, (c) your Social Content, or (d) your breach of the EULA. We will provide notice to you promptly of any such claim, suit, or proceeding.
Third Party Disputes. DOGGING APP IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
Third Party Software. The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package“) provided under separate license terms (the “Third Party Terms“), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
Generally. In the interest of resolving disputes between you and DOGGING APP in the most expedient and cost effective manner, and except as described, you and DOGGING APP agree that every dispute arising in connection with this EULA will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND DOGGING APP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions, nothing in this EULA will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and DOGGING APP will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this EULA.
No Class Actions. YOU AND DOGGING APP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DOGGING APP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If DOGGING APP makes any future change to this arbitration provision, other than a change to DOGGING APP’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to DOGGING APP’s address for Notice of Arbitration, in which case your account with DOGGING APP will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Governing Law. This EULA is governed by the laws of the United State without regard to conflict of law principles. You and DOGGING APP submit to the personal and exclusive jurisdiction of the state courts..
Additional Terms. Your use of the Service is subject to all additional terms, policies.
Contact Information. The Service is offered by DoggingApp.,. You may contact us by sending correspondence to that address or by emailing us at [email protected]