ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. ACCESSING THE APP, ACCOUNT SECURITY, AND USE OF THE APP AND ASSUMPTION OF RISK
1.3. Use of the App and Assumption of Risk.
(a) The App may take you to or suggest areas which may be difficult to access, treacherous, or dangerous. While hiking or participating in certain services offered by the App (the “Activities”), you risk property damage, bodily injury, disability, or death. Before participating in any Activities, you should consider your fitness level, weather, terrain, and your experience. Always be prepared and be aware of the current conditions before participating in the Activities. By suggesting or advertising any locations, we are not guaranteeing that access is safe and/or legal. Pay attention to signage, do not trespass, and always obey applicable laws when engaging in any of the Activities. You assume all risks and responsibilities associated with the Activities.
(b) YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND BY USING THE APP AND PARTICIPATING IN ANY ACTIVITIES, YOU HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. END USER LICENSE AGREEMENT
2.1. License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, revocable, and nontransferable license todownload, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation (the “License”). The App is licensed, not sold, to you.
2.2. License Restrictions. You shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
2.3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
2.5. Updates. The Company may from time to time, in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
2.6. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
2.8. Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
3. RIGHTS WE GRANT YOU
The Company name, the terms Hiking Bingo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
4. SUBMISSION OF CONTENT
4.1. Updates to the App may allow you to create and submit materials, such as pictures, videos, and comments (including associated metadata and artwork). Your use of such features must comply with the Community Guidelines set forth in Section 7 below, which may be updated from time to time. Any content you submit using the App will be considered non-confidential and non-proprietary. You hereby grant Company and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, perpetual, nonexclusive license to use, host, store, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, distribute, and otherwise disclose the materials you submit or create within the App for the purpose of operating, developing, providing, promoting, marketing, and improving, and Company’s internal purposes.
5. CONTENT OF OTHERS
6. MONITORING AND ENFORCEMENT; TERMINATION
6.1. We have the right to:
(a) remove or refuse to post any content you submit for any or no reason in our sole discretion;
(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; or
6.2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or submitting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6.3. We cannot, and we do not undertake to, review all material submitted by users, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. COMMUNITY GUIDELINES
7.1. The community guidelines set forth in this Section (the “Community Guidelines”) apply to all content on the App and any use of any interactive services. The content you provide or submit to the App must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, such content must not:
(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or post any materials you do not have permission, right, or license to use;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote, or assist any unlawful act;
(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
(k) post personal, private or confidential information belonging to others; or
(l) request personal information from a minor.
7.2. If you violate these Community Guidelines, we may remove the content, terminate your account, and/or notify law enforcement.
8. COPYRIGHT INFRINGEMENT
8.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(a) your physical or electronic signature;
(b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works;
(c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
(d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
(e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(f) a statement that the information in the written notice is accurate; or
(g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
8.2. Our designated copyright agent to receive DMCA Notices is:
Coach M Pryor LLC
315 S Coast Hwy 101, Ste U37
ENCINITAS CA 92024
Attn: Copyright Officer
8.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
8.4. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
9. PROHIBITED USES
(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
(e) to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Company or users of the App, or expose them to liability.
9.2. In addition, you agree not to:
(a) use the App in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App;
(b) use any robot, spider, crawler, scraper, or other automated means or interface to access the App or extract other user’s information;
(c) use or develop any third-party applications that interact with the App or other users’ content or information without our written consent;
(d) use or attempt to use another user’s account, username, or password without their permission;
(e) solicit login credentials from another user;
(f) submit or post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence;
(g) upload viruses or other malicious code or otherwise compromise the security of the App;
(h) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the App that you are not authorized to access;
(i) probe, scan, or test the vulnerability of the App or any system or network; or
10. RELIANCE ON INFORMATION POSTED
10.1. The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
10.2. The App may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. CHANGES TO THE APP
We are always trying to improve our App and offer new services. Therefore, we may add or remove features, products, or functionalities, and we may also suspend or stop the App altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
13. THIRD-PARTY SERVICES
Some services, features, or functionalities of the App may be operated by a third-party. Where a third-party service is made available through our App, that parties terms will govern your relationship. Company is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE APP. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COMPANY WILL BE RESPONSIBLE FOR.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, OR INABILITY TO USE, THE APP; (B) ANYTHING LINKED TO THE APP; (C) ANY CONTENT ON THE APP OR SUCH OTHER LINKS; (D) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOU CONTENT; INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. GOVERNING LAW AND JURISDICTION
19. LIMITATION ON TIME TO FILE CLAIMS
20. WAIVER AND SEVERABILITY
21. ENTIRE AGREEMENT
22. YOUR COMMENTS AND CONCERNS
This App is operated by Coach M Pryor LLC, 315 S Coast Hwy 101, Ste U37, Encinitas, CA 92024.
All notices of copyright infringement claims should be sent to the copyright agent designated in Section 8 in the manner and by the means set out therein.
All other feedback, comments, and other communications relating to the App should be directed to: firstname.lastname@example.org.