TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (the « Terms ») carefully before using any mobile applications of SimpleCat Inc. (« SimpleCat », « our », or « we ») and its affiliates, including, but not limited to, the Drift mobile application, and any communications features, online features, services and/or programs offered by SimpleCat and/or a customer or user of SimpleCat’s mobile applications and/or services (collectively, the « Mobile App »).
By accessing or using the Mobile App, you agree to the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Mobile App.
You should review these Terms regularly as they may change at any time in the sole discretion of Company. If you do not agree to any portion of these Terms, you should not access or otherwise use the Mobile App. « Content » refers to any data, comments, suggestions, feedback, information, text, software, sounds, photographs, audio, audiovisual, video, documents, images, logos, artwork, graphics, designs, messages and other materials of any nature.
- CONVENIENCE AND INFORMATION ONLY. The Mobile App is provided to you without charge as a convenience and for your information only. By merely providing access to the Mobile App, SimpleCat Inc. (« Company ») does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Company has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Mobile App will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Mobile App is or will be accurate or complete.
- SITE USE AND CONTENT. You may view, copy or print pages from the Mobile App solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Mobile App without the express, prior, written consent of Company. At any time, we may, without further notice, make changes to the Mobile App, to these Terms and/or to the services described in these Terms. We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms.
- USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Mobile App, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (« SSL ») connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Mobile App. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Company of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for the Mobile App, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Mobile App (such information being the « Registration Data »); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Mobile App with his or her UserID and password.
(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP AND THE CONTENT IS PROVIDED « AS IS » AND « AS AVAILABLE » FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MOBILE APP, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE MOBILE APP ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PAGES IN THE MOBILE APP OR THE SERVERS USED IN CONNECTION WITH THE MOBILE APP ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE MOBILE APP AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE MOBILE APP AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS COMPANY OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF COMPANY, THE ENTIRE LIABILITY OF COMPANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE MOBILE APP WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Company and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Company, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
- LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF COMPANY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE MOBILE APP AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE MOBILE APP WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MOBILE APP AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE MOBILE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MOBILE APP AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE MOBILE APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- PROMOTIONS. From time to time, we may offer various promotions, including contests and sweepstakes (collectively, « Promotions »). All of our Promotions will be subject to Company’s Promotions Policy www.driftapp.io/promotions/, as well as specific terms that may apply to individual Promotions, the terms of which will be made available for that Promotion. Not all Promotions will be available in all areas at the same time. Some Promotions may be limited in their geographic availability or offered only to certain of our customers. All Promotions will be limited in duration. If you have any questions about any of our Promotions, you should contact us.
- THIRD PARTY CONTENT. Company may provide hyperlinks to other Mobile Apps maintained by third parties, or Company may provide third party content in the Mobile App by framing or other methods. THE LINKS TO THIRD PARTY MOBILE APPS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED MOBILE APP IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED MOBILE APPS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY MOBILE APP. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY MOBILE APPS LINKED TO THE MOBILE APP, YOU DO SO ENTIRELY AT YOUR OWN RISK.
- COPYRIGHT AND TRADEMARKS. Company is the copyright owner or authorized licensee of all text and all graphics contained in the Mobile App. The trademarks, service marks and logos used and displayed in the Mobile App are Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. All trademarks and service marks of Company, or its subsidiaries or affiliates, that may be referred to in the Mobile App are the property of Company, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to in the Mobile App are the property of their respective owners. Nothing in the Mobile App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Company’s prior written permission. Company aggressively enforces its intellectual property rights. Neither the name of Company, its subsidiaries or affiliates, nor any of Company other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Mobile App or otherwise, without Company’s prior written permission.
- COPYRIGHT COMPLAINTS.
(a) Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted in the Mobile App as well as terminate access to the Mobile App if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Mobile App is prohibited, unless specifically authorized by Company in writing. Accordingly, no such Content may be used on another mobile application or website without express written permission from Company.
(b) Company will not permit any Content known by us to be infringing to remain in the Mobile App. If you believe that any content in the Mobile App infringes your copyright, please contact Company’s copyright agent, who can be reached as follows:
1443 East Washington Boulevard
Pasadena, CA 91104
Attn: DMCA Issues
Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material in the Mobile App, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the « DMCA »), Company will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
- SUBMISSIONS. Unless you enter into a separate written agreement with Company, Company does not claim ownership in any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself, or any other Content of any kind whatsoever, including, but not limited to, postings in chat rooms, on bulletin boards or otherwise that you upload or post to the Mobile App or that you otherwise submit to Company (collectively, the « Submissions »); however, by submitting any Submissions in any form to Company, in addition to other provisions of these Terms, you automatically grant Company a royalty-free, worldwide, exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Submissions for the purpose of displaying and promoting such Submissions on any mobile application or website operated by, and in any related marketing materials produced by, Company and its affiliates, successors and assigns. You will not have or obtain any rights in or to any form, media, or technology incorporating any Submissions. You also grant to Company and its affiliates, successors and assigns the exclusive right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, « Rights ») that may exist in such Submissions. You also warrant to Company that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Company and its affiliates, successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
- EMAIL RULES. Users may make their email addresses available if they wish to converse with others users with similar interests and/or goals. If any user chooses to use this information, you agree not to send « spam » or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another’s privacy, infringing of another’s intellectual property rights, or illegal. Company is not responsible for the content of email messages or attachments sent by its users or received from a third party.
- POSTS ON MOBILE APP. Certain areas of the Mobile App may contain information that can be accessed and viewed by anyone on the internet. Company does not endorse any information uploaded to or posted in the Mobile App. Company is not responsible for any information uploaded to or posted in the Mobile App or for editing any factual errors or making any type of corrections to information presented there. Any action taken by a user or viewer of any information presented there is at your own risk and could potentially be dangerous or life-threatening.
- AVAILABILITY. Information that Company publishes in the Mobile App may contain references or cross-references to products, programs or services of Company, its partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Company, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Company for information regarding the products, programs and services that may be available to you, if any.
- TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Mobile App at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Mobile App, to Company, to its partners, to the business of the Mobile App’s service provider, or to other information providers.
- GOVERNING LAW. These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Mobile App, you agree that any action at law or in equity arising out of or relating to your use of the Mobile App or these Terms will be filed only in the state or federal courts sitting in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
- LOCAL LAWS. Company makes no representation that content or materials in the Mobile App are appropriate or available for use in jurisdictions outside the United States. Access to the Mobile App from jurisdictions where such access is illegal is prohibited. If you choose to access the Mobile App from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Company is not responsible for any violation of law. You may not use or export the Content or materials in the Mobile App in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Your Consent To This Agreement
By accessing and using the Mobile App, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this page so that you will always be able to understand the terms and conditions that apply to your use of the Mobile App.
If you have additional questions or comments of any kind, or if you see anything in the Mobile App that you think is inappropriate, please let us know by sending your comments to:
1443 East Washington Boulevard
Pasadena, CA 91104
Attn: Customer Care – Mobile App Issues
Copyright © 2016 SimpleCat Inc. All Rights Reserved.
EFFECTIVE AS OF: April 1, 2015
LAST UPDATED: April 1, 2015