End User License Agreement, Liability Disclaimer and Statement of Rights and Responsibilities
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: April 26, 2014.
Liability Disclaimer
LIABILITY DISCLAIMER FOR SELFIE SHOOTOUT:
TribalWire Inc., the publisher of the SELFIE SHOOTOUT app ("Selfie Shootout"), does not provide liability insurance for the protection of individuals, groups, organizations, businesses, spectators, or others who may participate in the Selfie Shootout.
In consideration for your participation in Selfie Shootout, you, on behalf of any and all groups, organizations, businesses, spectators, or other entities do hereby release and forever discharge TribalWire Inc., and its officers, board, and employees, jointly and severally from any and all actions, causes of action, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in Selfie Shootout.
This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any province or state, federal, provincial, territorial or local law or other provisions that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.
You hereby agree on behalf of your heirs, executors, administrators, and assigns, to indemnify TribalWire Inc., and its officers, board and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating or using Selfie Shootout.
It is further understood and agreed that your participation in or use of Selfie Shootout is not to be construed as an admission of any liability and acceptance of assumption of responsibility by TribalWire Inc., its officers, board, and employees, jointly or severally, for all damages and expenses, for which TribalWire Inc., its officers, board and employees, become liable as a result of any alleged act of yours.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from Selfie Shootout Principles, and is our terms of service that governs our relationship with users and others who interact with Selfie Shootout. By using or accessing Selfie Shootout, you agree to this Statement, as updated from time to time.
1. Privacy
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Selfie Shootout to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Selfie Shootout, and you can control how it is shared through your use of the application. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Selfie Shootout (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Selfie Shootout, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Selfie Shootout, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety
We do our best to keep Selfie Shootout safe, but we cannot guarantee it. We need your help to keep Selfie Shootout safe, which includes the following commitments by you:
1. You will not share, post, copy or otherwise distribute content that is not your own.
2. You will not post unauthorized commercial communications (such as spam) on Selfie Shootout.
3. You will not collect users' content or information, or otherwise access Selfie Shootout, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Selfie Shootout.
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account belonging to someone else.
7. You will not bully, intimidate, or harass any user.
8. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; is alcohol-related; un-safe; illegal.
9. You will not use Selfie Shootout to do anything unlawful, unsafe, dangerous, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Selfie Shootout, such as a denial of service attack or interference with page rendering or other Selfie Shootout functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
4. Registration and Account Security
Selfie Shootout users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Selfie Shootout, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Selfie Shootout if you are under 13.
5. You will not use Selfie Shootout if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Selfie Shootout that infringes or violates someone else's rights or otherwise violates the law or puts yourself or anyone in danger.
2. We can remove any content or information you post on Selfie Shootout if we believe that it violates this Statement or our policies.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks (including Selfie Shootout, and Logos), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
6. You will not post anyone's identification documents or sensitive financial information on Selfie Shootout.
6. Mobile and Other Devices
1. We currently provide our base mobile services for free with various in-app purchases, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
7. Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
8. Amendments
1. If we make changes to policies referenced in or incorporated by this Statement, we may provide a required application upgrade with updated features and/or changes to this Statement.
2. Your continued use of Selfie Shootout following changes to our terms constitutes your acceptance of our amended terms.
9. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Selfie Shootout to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
10. Disputes
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Selfie Shootout exclusively in Massachusetts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Massachusetts will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on Selfie Shootout, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Selfie Shootout and are not responsible for the content or information users transmit or share on Selfie Shootout. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Selfie Shootout. We are not responsible for the conduct, whether online or offline, or any user of Selfie Shootout.
3. WE TRY TO KEEP SELFIE SHOOTOUT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SELFIE SHOOTOUT AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SELFIE SHOOTOUT WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SELFIE SHOOTOUT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SELFIE SHOOTOUT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ยง1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SELFIE SHOOTOUT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SELFIE SHOOTOUT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SELFIE SHOOTOUT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Selfie Shootout outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
12. Definitions
1. By "Selfie Shootout" we mean the features and services we make available, including through (a) our website and any other Selfie Shootout branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Selfie Shootout or provide data to us.
3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Selfie Shootout.
4. By "content" we mean anything you or other users post on Selfie Shootout that would not be included in the definition of information.
5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Selfie Shootout or provide to Selfie Shootout through Platform.
6. By "post" we mean post on Selfie Shootout or otherwise make available by using Selfie Shootout.
7. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By "active registered user" we mean a user who has logged into Selfie Shootout at least once in the previous 30 days.
9. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
13. Other
1. This Statement is an agreement between you and TribalWire, Inc. the publisher of Selfie Shootout. References to "us," "we," and "our" mean either Selfie Shootout (the app) or TribalWire Inc.
2. This Statement makes up the entire agreement between you and TribalWire Inc., (the parties) regarding Selfie Shootout, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. We reserve all rights not expressly granted to you.
11. You will comply with all applicable laws when using or accessing Selfie Shootout.