KWAD Inc. – What’s Bumpin App – Terms of Service

KWAD (“KWAD”, “WE” OR “US”) MOBILE APP EULA

THE TERMS AND CONDITIONS OF THIS MOBILE APP EULA (THE “TERMS”) SET FORTH BELOW GOVERN YOUR USE OF THE KWAD MOBILE APPLICATION WHAT’SBUMPIN (THE “APP”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND KWAD AND GOVERN YOUR ACCESS TO, AND USE OF, THE APP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP OR ANY INFORMATION ON OR RELATED TO THE APP. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. KWAD MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE APP, AT ANY TIME WITHOUT NOTICE, AND KWAD CAN CHANGE THESE TERMS AT ANY TIME. IF KWAD CHANGES ANY OF THESE TERMS, KWAD WILL POST THE UPDATED TERMS ON THE APP. KWAD MAY ALSO SEND REGISTERED USERS A NOTICE OF THE CHANGE TO THESE TERMS. YOUR CONTINUED USE OF THE APP AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE APP PERIODICALLY FOR UPDATES AND CHANGES.

YOU MUST BE UNIVERSITY OR COLLEGE STUDENT WITH A .EDU EMAIL ADDRESS TO USE THE APP. IF YOU ARE NOT A UNIVERSITY OR COLLEGE STUDENT AND DO NOT HAVE A .EDU EMAIL ADDRESS, YOUR REGISTRATION WILL BE DENIED.

The App allows users to post events, locations associated with the events, comments, photos and ratings of events and locations.   All such event details, including, without limitation, locations associated with the events, comments, photos and ratings of events and locations and other materials that you submit, post or otherwise make available on the App are each referred to as a “Submission”. Depending on your settings within the App, the App will provide certain Submissions to your device via push notifications. Alternatively, you may open the App to obtain the details of Submissions.

General Use Restrictions

KWAD provides digital content and services through the App. Certain information, documents, products and services provided on and through the App, including content, logos, graphics, sounds and images (together, the “Materials”) are provided to you by KWAD and are the copyrighted and/or trademarked work of KWAD or KWAD’S contributing partners and/or licensors. Materials do not include Submissions.

KWAD grants you a limited, personal, non-exclusive and non-transferable license to (i) use the App on any iOS devices that you own or control as permitted in the Apple, Inc. (“Apple”) App Store Terms of Service usage rules and (ii) use and display and to make copies incidental to use and display of the Materials solely for your personal use. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the App in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you must cease using the App and agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the App or any of the Materials.

We may offer updates of the App, from time to time, for feature enhancement, security or other purposes, which will be automatically pushed to the App. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.

You agree to comply with all export and re-export regulations and restrictions of the U.S. Department of Commerce and other United States agencies and authorities that may apply to the App. If you are a U.S. Government end user, we are licensing the App to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations and the rights we grant you to the App are the same as the rights we grant to all others under these Terms. You represent and warrant that you are not located in and will not use the App in any country to which export or re-export is prohibited under applicable law (such as a country subject to U.S. Government embargo) and that you are not listed on any U.S. Government list of prohibited or restricted parties.

If you violate these Terms, KWAD may, in its sole discretion, (a) provide you with a warning or (b) terminate and/or suspend your access to the App and/or use of the Materials or Third Party Content (as defined below) without notice. KWAD prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by KWAD, may result in immediate termination of your access to the App. KWAD has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. KWAD’S failure to enforce any of these Terms is not a waiver of such term.

Disclaimer of Warranties

Your use of the App is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by KWAD, and they may include inaccuracies, typographical, or other errors. KWAD does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on the App. KWAD has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by KWAD, our users, or our licensors.

NEITHER KWAD OR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE APP, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR IN THE APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER KWAD NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE. KWAD DOES NOT GUARANTEE THE CONFIDENTIALITY OF YOUR SUBMISSIONS.

Limitation of Liability

KWAD DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY ACTS OR OMISSIONS THAT MAY OCCUR AT AN EVENT POSTED ON THE APP. YOU AGREE TO HOLD KWAD HARMLESS FROM ANY ACTS OR OMISSIONS THAT MAY OCCUR AT AN EVENT OR LOCATION POSTED ON THE APP.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KWAD NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THE APP. IN NO EVENT SHALL KWAD OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF KWAD OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

Privacy Policy

Your use of the App is governed by the KWAD Privacy Policy, which is available at [insert link to privacy policy].

Third Party Content

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to KWAD (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content on your personal device or computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold KWAD and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.

Submissions

You acknowledge that you are responsible for the Submissions that you contribute and make available on the App. You further acknowledge that your Submissions must be accurate and not misleading. Any Submission of an event will require you to include the location of such event. You understand that other App users within the parameters that you select (such as choosing to set an event as public or private or blocking certain other users) will be able to view and receive your Submissions. If you set an event as private, only users that are your “friends” within the App or that you expressly invite to the event will be able to see the location of such event. If you set an event as public, any users of the App will be able to view such event. You further acknowledge that you, and not KWAD, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.

Unless otherwise explicitly stated herein or in the KWAD Privacy Policy, you agree that any Submission provided by you in connection with the App is provided on a non-proprietary and non-confidential basis. Except as expressly set forth below, you grant KWAD a nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) your Submissions and to send your communications to other users of the App based on the parameters set forth in the App.

Additionally, KWAD agrees that the use all of your Submissions will be in accordance with KWAD’S Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY WORK OF AUTHORSHIP OR INFORMATION YOU CREATE AND SUBMIT TO KWAD, SUCH AS YOUR SUBMISSIONS. You further agree that you will not communicate or otherwise make available on the App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the App, or that you otherwise have the right to grant the licenses to KWAD set forth in this section, and (ii) the communication of your Submissions on or through the App does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay and indemnify KWAD for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the App.

Etiquette

KWAD asks that you respect the KWAD online community, as well as other individuals participating within the KWAD online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the App, you agree not to, without limitation:

  • Post anything that exploits children or minors or participate in a group that exploits children or minors.
  • Post any content that includes any unauthorized nudity, pornography or other sexually inappropriate material.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Impersonate or represent KWAD, our staff or other industry professionals.
  • Post off-topic messages or disrupt the flow of communication in any manner that includes, without limitation, abusive or vulgar language.
  • Solicit a user’s password or other account information.
  • Harvest user names or addresses for any purpose other than your personal use in your interactions on the App.
  • Post information that makes available or includes another individual’s personally identifiable information (for example e-mail address, postal address or employer).
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Discuss or incite illegal activity.
  • Post anything that depicts cruelty to animals.
  • Alter or interfere with KWAD’S App, services or operations by employment of third party scripts, code, bots, etc.
  • Remove, hide, or obscure access to KWAD tools used to report a user or their behavior.

This list of prohibitions provides examples and is not complete or exclusive. The App contains an icon that you can click on to report abuse to KWAD. KWAD, in its sole discretion, reserves the right to (a) provide you with a warning; (b) terminate or suspend your access to your account and your ability to post to the App; and (c) refuse, delete or remove any Submissions, in each case, for any action that KWAD determines is inappropriate or disruptive to the App or to any other user of the App with or without cause and with or without notice, for any reason or no reason. KWAD reserves the right to restrict the number of Submissions that you are allowed to post to the App to a number that KWAD deems appropriate in KWAD’S sole discretion. KWAD may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at KWAD’S discretion, KWAD will cooperate with law enforcement or appropriate government agencies in any investigation. You hereby acknowledge and agree that in using the App, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND KWAD WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to and use of the App is undertaken at your own risk and KWAD is not responsible for any offensive, harmful or otherwise objectionable materials that may be posted by any third party

These prohibitions do not require KWAD to monitor, police, or remove any Submissions or other information submitted by you or any other user, and KWAD disclaims any obligation or responsibility to do so.

You understand that your interactions and dealings with other users of the App are solely between you and such other users. KWAD is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and KWAD has no obligation to become involved in any resulting dispute.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold KWAD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) KWAD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Electronic Communications

By using the App, you consent to receiving electronic communications from KWAD.  These electronic communications may include notices about updates, new features or functionality and other information concerning or related to our App.  These electronic communications are part of your relationship with KWAD and you receive them as part of your subscription to the App.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Proprietary Rights

KWAD is a trademark of KWAD in the United States. Other trademarks, names and logos on the App are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the App, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of KWAD, Copyright 2014 KWAD All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. KWAD, and not Apple, will be responsible for any investigation, defense, settlement and discharge of any intellectual property infringement claim based on the App.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through KWAD’S reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner directly and they can choose whether to use the procedures set forth in these Terms.

Notification: KWAD respects the intellectual property rights of others, and we require you to do the same when interfacing with the App or related Products.

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold KWAD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) KWAD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

KWAD may, in appropriate circumstances and at our discretion, terminate service and/or access to the App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our App, please provide KWAD’S designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full 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 at the App, and information reasonably sufficient to permit KWAD to locate the material.
  • Information sufficient to permit KWAD to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or that you are the owner of an exclusive right that you believe is being infringed.
  • KWAD’S agent for notice of claims of copyright or trademark infringement on the App can be reached as follows:

By mail:
KWAD
Attn: DMCA Administrator
6788 Armour Drive

Oakland, CA 94611

By e-mail:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you are a user who posted allegedly infringing material and who received notification to that effect from KWAD, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which KWAD may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail:
KWAD
Attn: DMCA Administrator
6788 Armour Drive

Oakland, CA 94611

By e-mail:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Third Party Terms

When using the App, you must comply with any applicable third party terms (e.g. your wireless data plan).

General

KWAD controls and operates the App from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the App outside the United States of America, you are responsible for following applicable local laws, rules, regulations and customs.

These Terms are the entire agreement between you and KWAD and supersede all prior or contemporaneous negotiations, discussions or agreements between you and KWAD about the App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof.

You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in Alameda County, California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter.

KWAD and not Apple is responsible for any claims relating to the App. You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

If you have any questions, complaints or claims, including without limitation performance issues or defects, with respect to the App, please contact us at:

KWAD
6788 Armour Drive

Oakland, CA 94611

Or

KWAD (“KWAD”, “WE” OR “US”) MOBILE APP EULA

THE TERMS AND CONDITIONS OF THIS MOBILE APP EULA (THE “TERMS”) SET FORTH BELOW GOVERN YOUR USE OF THE KWAD MOBILE APPLICATION WHAT’SBUMPIN (THE “APP”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND KWAD AND GOVERN YOUR ACCESS TO, AND USE OF, THE APP. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE APP OR ANY INFORMATION ON OR RELATED TO THE APP. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. KWAD MAY MAKE CHANGES TO THE CONTENT OFFERED ON THE APP, AT ANY TIME WITHOUT NOTICE, AND KWAD CAN CHANGE THESE TERMS AT ANY TIME. IF KWAD CHANGES ANY OF THESE TERMS, KWAD WILL POST THE UPDATED TERMS ON THE APP. KWAD MAY ALSO SEND REGISTERED USERS A NOTICE OF THE CHANGE TO THESE TERMS. YOUR CONTINUED USE OF THE APP AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE APP PERIODICALLY FOR UPDATES AND CHANGES.

YOU MUST BE UNIVERSITY OR COLLEGE STUDENT WITH A .EDU EMAIL ADDRESS TO USE THE APP. IF YOU ARE NOT A UNIVERSITY OR COLLEGE STUDENT AND DO NOT HAVE A .EDU EMAIL ADDRESS, YOUR REGISTRATION WILL BE DENIED.

The App allows users to post events, locations associated with the events, comments, photos and ratings of events and locations.   All such event details, including, without limitation, locations associated with the events, comments, photos and ratings of events and locations and other materials that you submit, post or otherwise make available on the App are each referred to as a “Submission”. Depending on your settings within the App, the App will provide certain Submissions to your device via push notifications. Alternatively, you may open the App to obtain the details of Submissions.

General Use Restrictions

KWAD provides digital content and services through the App. Certain information, documents, products and services provided on and through the App, including content, logos, graphics, sounds and images (together, the “Materials”) are provided to you by KWAD and are the copyrighted and/or trademarked work of KWAD or KWAD’S contributing partners and/or licensors. Materials do not include Submissions.

KWAD grants you a limited, personal, non-exclusive and non-transferable license to (i) use the App on any devices that you own or control and (ii) use and display and to make copies incidental to use and display of the Materials solely for your personal use. You acknowledge and agree that your use of the App is subject to, and that you are bound by, Google Inc.’s (“Google”) Terms of Service https://www.google.com/intl/en/policies/terms/. Except for the license set forth in the preceding license grant above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the App in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you must cease using the App and agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the App or any of the Materials.

We may offer updates of the App, from time to time, for feature enhancement, security or other purposes, which will be automatically pushed to the App. You acknowledge that Google has no obligation to furnish any maintenance or support services with respect to the App.

You agree to comply with all export and re-export regulations and restrictions of the U.S. Department of Commerce and other United States agencies and authorities that may apply to the App. If you are a U.S. Government end user, we are licensing the App to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations and the rights we grant you to the App are the same as the rights we grant to all others under these Terms. You represent and warrant that you are not located in and will not use the App in any country to which export or re-export is prohibited under applicable law (such as a country subject to U.S. Government embargo) and that you are not listed on any U.S. Government list of prohibited or restricted parties.

If you violate these Terms, KWAD may, in its sole discretion, (a) provide you with a warning or (b) terminate and/or suspend your access to the App and/or use of the Materials or Third Party Content (as defined below) without notice. KWAD prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by KWAD, may result in immediate termination of your access to the App. KWAD has the right to terminate any password-restricted account for any reason. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. KWAD’S failure to enforce any of these Terms is not a waiver of such term.

Disclaimer of Warranties

Your use of the App is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by KWAD, and they may include inaccuracies, typographical, or other errors. KWAD does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on the App. KWAD has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by KWAD, our users, or our licensors.

NEITHER KWAD OR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE APP, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE APP, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR IN THE APP IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER KWAD NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE. KWAD DOES NOT GUARANTEE THE CONFIDENTIALITY OF YOUR SUBMISSIONS.

Limitation of Liability

KWAD DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY ACTS OR OMISSIONS THAT MAY OCCUR AT AN EVENT OR LOCATION POSTED ON THE APP. YOU AGREE TO HOLD KWAD HARMLESS FROM ANY ACTS OR OMISSIONS THAT MAY OCCUR AT AN EVENT OR LOCATION POSTED ON THE APP.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KWAD NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THE APP. IN NO EVENT SHALL KWAD OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF KWAD OR ITS LICENSORS KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.

Privacy Policy

Your use of the App is governed by the KWAD Privacy Policy, which is available at [insert link to privacy policy].

Third Party Content

Certain information and content that are not Submissions may be provided by third party licensors and suppliers to KWAD (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content or as otherwise set forth in these Terms, you agree to only display the Third Party Content on your personal device or computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content or as otherwise expressly authorized in these Terms. You hereby indemnify and hold KWAD and all providers/licensors of Third Party Content harmless from any third party claims related to your use of the Third Party Content in any manner other than authorized hereunder.

Submissions

You acknowledge that you are responsible for the Submissions that you contribute and make available on the App. You further acknowledge that your Submissions must be accurate and not misleading. Any Submission of an event will require you to include the location of such event. You understand that other App users within the parameters that you select (such as choosing to set an event as public or private or blocking certain other users) will be able to view and receive your Submissions. If you set an event as private, only users that are your “friends” within the App or that you expressly invite to the event will be able to see the location of such event. If you set an event as public, any users of the App will be able to view such event. You further acknowledge that you, and not KWAD, bear full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership.

Unless otherwise explicitly stated herein or in the KWAD Privacy Policy, you agree that any Submission provided by you in connection with the App is provided on a non-proprietary and non-confidential basis. Except as expressly set forth below, you grant KWAD a nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known, invented or imagined) your Submissions and to send your communications to other users of the App based on the parameters set forth in the App.

Additionally, KWAD agrees that the use all of your Submissions will be in accordance with KWAD’S Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY WORK OF AUTHORSHIP OR INFORMATION YOU CREATE AND SUBMIT TO KWAD, SUCH AS YOUR SUBMISSIONS. You further agree that you will not communicate or otherwise make available on the App any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the App, or that you otherwise have the right to grant the licenses to KWAD set forth in this section, and (ii) the communication of your Submissions on or through the App does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay and indemnify KWAD for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the App.

Etiquette

KWAD asks that you respect the KWAD online community, as well as other individuals participating within the KWAD online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using the App, you agree not to, without limitation:

  • Post anything that exploits children or minors or participate in a group that exploits children or minors.
  • Post any content that includes any unauthorized nudity, pornography or other sexually inappropriate material.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) or to participate in racially, ethnically, or otherwise offensive language.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Impersonate or represent KWAD, our staff or other industry professionals.
  • Post off-topic messages or disrupt the flow of communication in any manner that includes, without limitation, abusive or vulgar language.
  • Solicit a user’s password or other account information.
  • Harvest user names or addresses for any purpose other than your personal use in your interactions on the App.
  • Post information that makes available or includes another individual’s personally identifiable information (for example e-mail address, postal address or employer).
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Discuss or incite illegal activity.
  • Post anything that depicts cruelty to animals.
  • Alter or interfere with KWAD’S App, services or operations by employment of third party scripts, code, bots, etc.
  • Remove, hide, or obscure access to KWAD tools used to report a user or their behavior.

This list of prohibitions provides examples and is not complete or exclusive. The App contains an icon that you can click on to report abuse to KWAD. KWAD, in its sole discretion, reserves the right to (a) provide you with a warning; (b) terminate or suspend your access to your account and your ability to post to the App; and (c) refuse, delete or remove any Submissions, in each case, for any action that KWAD determines is inappropriate or disruptive to the App or to any other user of the App with or without cause and with or without notice, for any reason or no reason. KWAD reserves the right to restrict the number of Submissions that you are allowed to post to the App to a number that KWAD deems appropriate in KWAD’S sole discretion. KWAD may report to law enforcement or other appropriate government authorities any actions that may be suspicious or illegal, and any reports it receives of such conduct. When legally required or at KWAD’S discretion, KWAD will cooperate with law enforcement or appropriate government agencies in any investigation. You hereby acknowledge and agree that in using the App, you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER USER EXPRESS THE VIEWS OF THE AUTHOR, AND KWAD WILL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to and use of the App is undertaken at your own risk and KWAD is not responsible for any offensive, harmful or otherwise objectionable materials that may be posted by any third party

These prohibitions do not require KWAD to monitor, police, or remove any Submissions or other information submitted by you or any other user, and KWAD disclaims any obligation or responsibility to do so.

You understand that your interactions and dealings with other users of the App are solely between you and such other users. KWAD is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and KWAD has no obligation to become involved in any resulting dispute.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold KWAD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) KWAD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Electronic Communications

By using the App, you consent to receiving electronic communications from KWAD.  These electronic communications may include notices about updates, new features or functionality and other information concerning or related to our App.  These electronic communications are part of your relationship with KWAD and you receive them as part of your subscription to the App.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Proprietary Rights

KWAD is a trademark of KWAD in the United States. Other trademarks, names and logos on the App are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on the App, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of KWAD, Copyright 2014 KWAD All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor. KWAD, and not Google, will be responsible for any investigation, defense, settlement and discharge of any intellectual property infringement claim based on the App.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through KWAD’S reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner directly and they can choose whether to use the procedures set forth in these Terms.

Notification: KWAD respects the intellectual property rights of others, and we require you to do the same when interfacing with the App or related Products.

Submissions and unauthorized use of any Materials or Third Party Content contained on the App may violate applicable laws and regulations. You agree to indemnify and hold KWAD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) KWAD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the App or the use of the App by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

KWAD may, in appropriate circumstances and at our discretion, terminate service and/or access to the App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our App, please provide KWAD’S designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a full 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 at the App, and information reasonably sufficient to permit KWAD to locate the material.
  • Information sufficient to permit KWAD to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or that you are the owner of an exclusive right that you believe is being infringed.
  • KWAD’S agent for notice of claims of copyright or trademark infringement on the App can be reached as follows:

By mail:
KWAD
Attn: DMCA Administrator
6788 Armour Drive

Oakland, CA 94611

By e-mail:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification:

If you are a user who posted allegedly infringing material and who received notification to that effect from KWAD, you may elect to send us a counter notice. To be effective, such counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements):

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which KWAD may be found, and that you will accept service of process from the person who provided notification of a complaint of allegedly infringing materials or an agent of such person.

Such written notice should be sent to our designated agent as follows:

By mail:
KWAD
Attn: DMCA Administrator
6788 Armour Drive

Oakland, CA 94611

By e-mail:

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Third Party Terms

When using the App, you must comply with any applicable third party terms (e.g. your wireless data plan).

General

KWAD controls and operates the App from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use the App outside the United States of America, you are responsible for following applicable local laws, rules, regulations and customs.

These Terms are the entire agreement between you and KWAD and supersede all prior or contemporaneous negotiations, discussions or agreements between you and KWAD about the App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms or pertaining to the subject matter hereof.

You agree that the exclusive venue for any dispute arising out of these Terms or pertaining to the subject matter thereof will be in the state and federal courts in Alameda County, California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter.

KWAD and not Google is responsible for any claims relating to the App. You are instructed to contact KWAD concerning any defects or performance issues in App downloaded and installed from Google Play. KWAD will be solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the App and any complaints about the App. You acknowledge and agree that Google and Google’s subsidiaries, are third party beneficiaries of these Terms, and that Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

If you have any questions, complaints or claims, including without limitation performance issues or defects, with respect to the App, please contact us at:

KWAD
6788 Armour Drive

Oakland, CA 94611

Or