MyRedLine
END USER LICENSE AGREEMENT – MyRedLine Application
This End User License Agreement (“Agreement”) applies to the smartphone application known as (“App”) provided by, LLC (“Owner”)
Acceptance of Terms and Conditions
By continuing to use the App, you agree as follows:
- You understand that this Agreement is a legally binding agreement and clicking on “ACCEPT” button is the equivalent of signing a written contract;
- You will use the App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Owner from time to time; and
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the App.
Owner’s License to You
Owner grants you a single, non-exclusive, non-transferable and limited personal end user license to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). This is not a transfer of ownership of any intellectual property rights.
Your License to Owner
Any communications or material of any kind that you email, post, or otherwise transmit to Owner using the App, including data, questions, comments, or suggestions (your “Communications”) will become the property of Owner. You hereby grant a license to Owner to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Electronic Signatures
You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the App, including but not limited to any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the App, your agreement or consent will be immediately legally binding and enforceable and the legal equivalent of your handwritten signature.
In-App Purchases
If you make any In-App Purchases in the App, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
Carrier Charges
Your carrier’s data rates may apply to your use of the App. Use of the App requires data transfer between your device and one or more servers. The cost of data transfer is your responsibility.
Use of Owner Services
The following requirements apply to your use of the App:
- You will not use any electronic communication feature of the App for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not use the App to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data belonging to other users of the App.
- You will not use the App for any commercial purpose not expressly approved by the Owner in writing. You will not use the App to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not use the App when you are driving a motor vehicle, even if doing so is legally permitted in your location.
Owner may remove any material which Owner deems to violate any of these requirements. Failure to comply with these requirements may result in termination of your license to use the App.
Security of Data Transmission and Storage
Electronic communications using the App may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Owner or between you and other parties.
Owner and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Owner may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the App, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Owner or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will Owner or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Owner or its affiliates or agents.
We reserve the right to disclose your personal information as required by law, such as to comply with a subpoena, bankruptcy proceedings or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud and/or to comply with a judicial proceeding, court order, or legal process served on our website.
In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our business assets, your personal information will likely be among the assets transferred.
With the exception of the foregoing, we will not sell or share your personal information with anyone.
GENERAL TERMS AND CONDITIONS
1. Disclaimer of Warranties.
Neither the Owner nor any other party involved in creating, producing, or delivering the App makes any representations about the suitability of the content of this App for any purpose, nor that your use of the App will be uninterrupted or error-free. EVERYTHING IN THE APP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
2. Limitation of Liabilities.
Neither the Owner nor any other party involved in creating, producing, or delivering the App assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the App or your downloading of any materials, data, text, images, video, or audio from this App. Your use of the App is at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE APP. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE APP.
3.Content Submitted or Made Available for Inclusion in the App.
Any unsolicited communication or material that you transmit by electronic mail or otherwise (“Communications”), including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Owner or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Owner will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the App for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
4. Images of People or Places.
Images of people or places displayed on the App are either the property of, or used with permission by, the Owner. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Trademark Information.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the App, are registered and unregistered Trademarks of the Owner and others. Nothing contained on the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the App without the written permission of the Owner or such third party that may own the Trademarks displayed on the App. Your use of the Trademarks displayed on the App, or any other content on the App, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Owner will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution
6. Links.
The App contains links to other sites. The Owner does not control such other sites, and neither the Owner nor its agents or affiliates make any representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that the Owner has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and the Owner cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you seek to hold the Owner or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
7. Third Party Accounts.
You will be able to connect your account to third party platform accounts such as Facebook®, Google®, Instagram® or Twitter®, . By connecting your account to a third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not connect the App to any third-party accounts. As the functionality of the App will be dependent on utilizing information from third party accounts, there is no option to opt out of connected third-party account information sharing while using the App
8. Conduct of App Users.
Although the Owner may from time to time monitor or review postings, transmissions, and the like on the App, the Owner is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the App. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Owner retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity of anyone posting any such information or materials.
9. Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the App.
10. Notices.
The Owner may give notice to its users by means of a general notice on this App, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.
11. DMCA; Notice and Procedure for Making Claims of Copyright Infringement.
The Owner respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send an email to the Owner at [email protected] with the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative 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, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. International Use.
None of the products or underlying information or technology available at this App may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify the Owner against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
13. Monitoring, Copying, Altering or Interfering with the App.
You agree that you will not use any robot, spider, crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy the content contained in the App without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree you will not access data that is not intended for you. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Owner or the appropriate third party.
14. General Information.
These terms and conditions shall 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. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.