The Effective Date of This Agreement is January 22, 2013
PLEASE READ THESE TERMS CAREFULLY BEFORE COMMENCING YOUR USE OF THE UNFRAZZLE MOBILE APPLICATION AND OTHER SOFTWARE, APPLICATIONS, PRODUCTS OR SERVICES OFFERED BY BHAGEERA, INC. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THESE SOFTWARE, PRODUCTS AND SERVICES AND ALL RELATED FEATURES, CONTENT, AND APPLICATIONS.
The terms and conditions below (the “Terms”) govern your access to and use of the Unfrazzle mobile application (the “Application”) and other websites, software, mobile applications, products and services (collectively, the “Service”).
These Terms constitute a legal agreement between you and us. You may terminate the prospective application of these Terms at any time by uninstalling the Application, and no longer accessing our Service. Some provisions of these Terms will nevertheless remain in effect after such termination.
(a) A “User” is someone who accesses, browses, queries, or in any way uses the Service. The terms “you” and “your” refer to you, as a user of the Service.
(b) “Content” means text, images, photos, audio, video, and all other forms of data (including location, smartphone sensor data, and User data) or communication.
(c) “User Content” means Content that Users submit or transmit to or through the Service.
(d) “Third Party Content” means Content that is made available on the Service by parties other than us or our Users, such as data providers who license data to us for use on the Service or in the Application.
(e) “Service Content” means all of the Content that is made available on the Service or in the Application, including your Content, other User Content and Third Party Content.
You represent and warrant that you (a) have not previously been suspended by us or removed from the Service and (b) have full power and authority to enter into, accept, and be bound by these Terms and in doing so will not violate any other agreement to which you are a party.
BY CLICKING THE “I AGREE” OR “I ACCEPT” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES AND/OR THE APPLICATION, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE, AS SET FORTH ABOVE.
Modification of These Terms.
We may modify these Terms from time to time. When changes are made, we will notify you by making the revised version of the Terms available on [www.unfrazzledcare.com] (the “Site”). You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service or Application after any posted modification to the Terms indicates your acceptance of the modification.
When using the Application, you need to create an account. When you create an account, you need to provide a valid email address and are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. We assume no liability for closing your account for any or no reason. In creating an account, you may not impersonate someone else.
Use of The Service; Offensive Content.
We grant you permission to use the Service and Application subject to the restrictions in these Terms. In accessing or using the Service or Application, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse or condone such Content. You therefore access and use the Service or Application at your own risk.
Restrictions On Use.
You agree that you will not, and will not assist or enable others to:
(a) use the Service or Application to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another User’s use of the Service or Application;
(b) use the Service or Application to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(c) use the Service or Application to promote bigotry or discrimination against protected classes;
(d) use the Service or Application to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(e) use the Service or Application to submit or transmit pornography or illegal content;
(f) use the Service or Application to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);
(g) use the Service or Application in violation of these Terms or any applicable law;
(h) modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service, Application or Service Content (other than your own Content as permitted by law), except as expressly authorized by us;
(i) reverse engineer all or any portion of the Service or Application;
(j) remove or modify any copyright, trademark or other proprietary rights notice on the Service or Application or on any materials printed or copied off of the Service or Application;
(k) record, process, or mine information about other Users, or attempt to do so;
(l) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service, Application, or any Service Content;
(m) reformat or frame any portion of the Service or Application;
(n) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure; or
(o) attempt to gain unauthorized access to the Application, Service, User accounts, computer systems or networks connected to the Service or Application through hacking, password mining or any other means; use the Service, Application or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service or Application; make excessive traffic demands; use the Service or Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application, Service or Service Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service or Application, features that prevent or restrict the use or copying of the Application or Service Content, or features that enforce limitations on the use of the Service or Application.
Responsibility for Your Content.
You alone are responsible for your Content. You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by us.
You may expose yourself to liability if, for example, your Content violates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Software License and Restrictions.
When you use the Service or Application, we grant you a personal, limited, non-transferable, non-sublicenseable, non-exclusive and freely revocable copyright license, solely for your own personal purposes, and use the Application as it is delivered to you for the sole purpose of using the Service. These are your only rights with regard to the Application. You may not decode, reverse-translate, modify, reverse-engineer, decompile, disassemble, or otherwise reduce the Application into source code form. All communications between us and the Application and the content stored on our computer servers and in the Application includes our confidential information, and you may not access, publish, transmit, display, create derivative works of, store, or otherwise exploit any such confidential information except as such functions are performed by the Application in the ordinary course of operation. You do not have the right to create derivative works of the Application. Nothing in these Terms shall be deemed to grant any right or license to you (expressly or by implication, estoppel, or otherwise), and no other license, authority to infringe, or immunity from infringement liability shall be deemed to arise or exist as a matter of law, under any copyrights, patents, or otherwise. The foregoing limitations shall in no way be deemed a derogation of the express rights granted under these Terms.
The Service and the Application and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Bhageera and its suppliers. All rights in and to the Service and the Application not expressly granted to you in this Agreement are reserved by Bhageera and its suppliers. The “Bhageera” and “Unfrazzle” names, Unfrazzle logo and the product names associated with the Service are trademarks of Bhageera or third parties, and no right or license is granted to use them.
Third Party Software.
The Application may include software that is licensed and/or available to you which is subject to third-party license agreements. To the extent these Terms may conflict with licenses or agreements governing your rights to that software, the agreement or license applicable to such third party software is covered by the terms of its applicable license or agreement.
Forums, Blogs and Other Interactive Media Features
Our Service or Application may include or provide one or more forums, blogs, or other interactive or social media features (“Forums”) for Users to exchange information with each other and/or with us. If you use the Forums, in addition to any other terms we may require when you register or use the Forums or which are otherwise posted at or on the Forums, you agree to the following:
(a) Restrictions. You agree not to use the Forums for any reason other than for lawful, non-commercial purposes. In addition, certain material on the Forums may be protected by U.S. and/or international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums, including any code or software.
(b) Postings Not Necessarily the Opinion of Bhageera. Some of the individuals posting to Forums may work for us; however, the opinions expressed at or in relation to the Forums are the personal opinions of the original authors, and do not necessarily reflect the views of Bhageera.
(c) Postings. Although we may attempt to keep objectionable messages off the Service, Application and Forums, it is impossible for us to review all messages. All messages express the views of the author, and we are not responsible for any message or associated content.
(d) Your Responsibilities. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent, warrant and agree as follows: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting to allow you to post such Posting without violating the rights of any other person or entity; (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or which otherwise violate any laws; (c) you will not breach obligations of confidentiality that you owe to another party, either in posting or using a Posting; (d) any Postings you make to the Service, Application or Forums do not infringe any third party copyrights, trade marks, any other intellectual property rights, or any other applicable law; and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, shareholders, officers, employees, contractors and agents against any and all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these Terms or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer or account.
(e) Additional Warnings. When using the Forums and/or viewing Postings, you need to be aware of the following issues:
(i) The Forums may include contributions from various sources over which we have no control (including any content submitted by third party users).
(ii) We do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings.
(iii) We reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality, infringe or are alleged to infringe the intellectual property rights of any third party, are defamatory, or otherwise are not relevant to the Forums, and we will not be liable in relation to the removal of, or failure to remove, any Postings.
(f) Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information for legal, non-commercial purposes, and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use contact information made available through the Forum (i) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (ii) to send any message that is vulgar, sexually-orientated, hateful, threatening, or which otherwise violates any laws.
(g) License. By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to (i) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction, and (iii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, without us owing any monies to you whatsoever.
(h) Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such cases and in addition to the above, you agree to conform your Postings to any such additional rules or posting guidelines.
We reserve the right to modify, update, or discontinue the Service or Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Service or Application, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Links to Third Parties.
The Service or Application may include links to other websites or mobile applications which are not affiliated with Bhageera (each, a “Third Party Service”). We do not control or endorse the contents of any such website, mobile application or any Third Party Service, and you agree that we are not responsible for the availability or contents of such Third Party Services.
By downloading the Application or using the Service, you agree that you are solely responsible for complying with all United States export control regulations, including the Export Administration Regulations (“EAR”), and sanctions programs, including those administered by the United States Treasury Department’s Office of Foreign Assets Controls (“OFAC”), and all other applicable international trade regulations. You agree that you will not download or use the Application without all required approvals in any proscribed destination (including Cuba, Iran, North Korea, Sudan, and Syria), on behalf of any proscribed entity or person, for any proscribed end use, or in any other manner contrary to these export regulations and sanctions programs. By downloading or using the Application, you represent, warrant and certify that you are not a proscribed end-user or utilizing this software for a proscribed end use under these regulations. This assurance shall survive the expiration or termination of this Agreement.
Suggestions and Improvements.
By sending us or posting to the Forums any ideas, suggestions, documents or proposals (“Feedback”), you agree that (1) your Feedback does not contain the confidential or proprietary information of third parties, (2) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (3) we may have something similar to the Feedback already under consideration or in development, and (4) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use the Feedback in any manner whatsoever, including but not limited to using, modifying, publishing, distributing, creating derivative works of and sublicensing the Feedback or any portion thereof.
We may terminate or suspend your account or ability to use the Service or Application, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Service or Application if you misuse the Service or Application. Any such termination or suspension could prevent you from accessing your account, the Service, the Application, your Content, Service Content, or any other related information.
You may terminate the prospective application of these Terms at any time by closing your account, discontinuing your use of any and all parts of the Service and if you have installed our Application, by uninstalling it. If you close your account, we may continue to display your Content where it affects or impacts other users.
Disclaimers of Warranties.
THE SERVICES AND THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE APPLICATION (A) WILL MEET YOUR REQUIREMENTS OR (B) WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE BASIS, VIRUS FREE, ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD OF THE SOFTWARE.
Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE APPLICATION OR (B) YOUR INTERACTIONS WITH ANY OTHER USER OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE AND THE APPLICATION ARE 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 RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE PRICE YOU PAID FOR ACCESS TO THE SERVICE IN THE PRIOR MONTH OR FIFTY US DOLLARS ($50). CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold Bhageera, its affiliated entities, companies, contractors, officers, directors, shareholders, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service or the Application, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Bhageera reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bhageera, and you agree to cooperate with Bhageera’s defense of these claims. Bhageera will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
(a) The Service and the Application are provided with Restricted Rights. Federal, state and local governments agree to the terms and conditions of this commercial license.
(b) No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
(c) We may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Service or in the Application, or on our website.
(d) These Terms contain the entire agreement between you and Bhageera regarding the use of the Service or the Application, and supersede any prior agreement between you and us on this subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
(e) Any failure on our part to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(f) If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
(g) These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(h) Upon termination of these Terms, any provision which, by its nature or express terms should survive, shall survive such termination or expiration.
(i) This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Contact and Violations.
Please contact us at firstname.lastname@example.org or Bhageera, Inc., P.O. Box 1413, Mountain View, CA 94042 with any questions regarding these Terms or to report any violations of these Terms.