Endorsement Disclaimer and DMCA Policy
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT TO THAT CONTACT.
All notifications of claimed copyright infringement on www.theweathersiren.com (“Company”) software, services, system or website should be sent to [email protected]
Please advised that under 17 U.S.C. 512(f), if you knowingly make a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, you may be subject to heavy civil penalties. These penalties include monetary damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider who is injured by your misrepresentation.
IF YOU BELIEVE YOUR RIGHTS HAVE BEEN VIOLATED, send your written notification to the address provided. Pursuant to 17 U.S.C. 512(c)(3), your notification must include at least the following information, or it may be IGNORED:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed work
(ii) 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.
(iii) 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 Company to locate the material.
(iv) Information reasonably sufficient to permit Company to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) 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 owner, its agent, or the law.
(vi) 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.
IF YOUR MATERIALS HAVE BEEN REMOVED BASED ON THE COMPLAINTS OF ANOTHER PARTY, Company will notify you that your materials have been removed due to alleged copyright infringement and will provide you with the email address of the complaining party so that you may attempt to resolve the issue. Additionally, you may submit a written counter notification to the address provided, which must contain at least the following information pursuant to 17 U.S.C. 512(g)(3):
(i) Your physical or electronic signature.
(ii) 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.
(iii) A statement under penalty of perjury that the 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.
(iv) 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 you address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.
End-User License Agreement
Effective December 11, 2017
THIS SOFTWARE IS A SERVICE OF www.theweathersiren.com. YOUR USE OF THE SOFTWARE IS GOVERNED AT ALL TIMES BY THIS END USER LICENSE AGREEMENT (“EULA”). REFERENCES HEREIN TO “YOU,” “YOUR,” AND “LICENSEE” IN THIS EULA REFERS TO THE INDIVIDUAL USING THE SOFTWARE. REFERENCES IN THIS EULA TO “WE,” “OUR,” “US,” AND “COMPANY” HEREIN MEANS www.theweathersiren.com, HAVING A PRINCIPAL PLACE OF BUSINESS AS SET FORTH IN SECTION 21(B) BELOW.
SECTION 1. EULA ACCEPTANCE
(a) You must agree to this EULA prior to your use of the Software. Please read this EULA in its entirety, as it governs your rights to download, use and access the Software and any Services (as defined in Section 1(c) hereof) made available to you through the Software. If you do not agree to be bound by this EULA, you are prohibited from using the Software and/or the Services.
(b) This EULA can be accepted by you by either (i) clicking on an acceptance button with respect to the EULA, if one is provided by us, either as part of the installation process or in connection with the launch of the Software; or (ii) by actually using the Software and/or Services, or a portion of same, in which case your usage shall be deemed an acceptance of this EULA commencing upon your first use of the Software and/or Services or a portion thereof.
(c) This EULA is a binding legal agreement between you and Company and governs in all respects your use of the Software and any websites, Content (as defined in Section 5(a) below) services, software, and products (collectively, the “Services”) made available to you through the Software, except with respect to any software or services made available to you by us pursuant to a separate written agreement, which shall be governed by that agreement.
(d) Only individuals located in the United States may agree to this EULA and use the Software and Services. By accepting this EULA, you represent you are a located in the United States. All others are prohibited from agreeing to this EULA and using the Software and/or Services.
SECTION 2. SOFTWARE AND SERVICE UPDATES; DISCONTINUATION AND
(a) From time to time, Company may update, modify and otherwise change the Software and/or the Services without notice to you and you agree to same. Your continued use of the Software and/or Services following any such updates, modifications, and/or changes constitutes your acceptance of same in all respects.
(b) At any time and without notice to you, Company may permanently or temporarily terminate or suspend the provision of the Software and/or Services or any portion thereof to you or in general for any reason or no reason, in its sole discretion. In such an event, you understand and agree that you may be unable to access the Software, the Services, any Content, files and/or information, including your account information, that was previously accessible to you. You may cease using the Software and/or Software at any time without notice to us for any or no reason.
(c) For purposes of this EULA, you understand and agree that Company may partner with third parties to provide some or all of the Software and/or Services (hereinafter, the “Company Affiliates”). The Company Affiliates shall be third party beneficiaries of this EULA, with full power and authority to enforce all rights hereunder against you.
SECTION 3. YOUR USE OF THE SOFTWARE AND SERVICES
(a) You shall only use the Software and Services for the purposes set forth in this EULA and all such use must comply with all applicable laws, rules and regulations, as well as applicable guidelines and practices applicable to such Services, as may be promulgated in all jurisdictions with authority over your use of the Software and Services, including all applicable data and software export laws.
(b) Under no circumstances are you allowed to (i) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code for the Software, except as may permitted by applicable law; (ii) alter, obscure or remove any copyright or other proprietary notices on the Software and/or the Services or any documentation related thereto; (iii) create derivative works from, adapt, translate, alter, or embed into any other service or product with or into the Software and/or Services; and/or (iv) use separate components of the Software on different computers.
(c) Under no circumstances are you permitted to engage in any activity that disrupts or otherwise interferes with the proper function of the Software and/or Services, as well as any servers, technology, equipment and or network infrastructure provide and/or accessible in connection with same.
(d) Any breach of your obligations under this EULA shall be solely your responsibility and under no circumstances shall Company have any responsibility or liability to you or any third party as a result of your breach of your obligations hereunder.
SECTION 4. PRIVACY
SECTION 5. CONTENT AND MATERIALS
(a) Any and all content and information provided to you from or through the Software and/or Services, including without limitation, text, files, chat, content, data, music, audio files, sound, photographs, graphics, images, video, links, software, communications, messages or other materials and terms of expression (collectively, “Content”) is owned by the party from which such Content originated and such party remains solely responsible in all respect for such Content.
(b) All Content provided from or through the Software and/or Services, including without limitation any sponsored Content and/or advertisements, may be subject to intellectual property rights with respect thereto, which are owned by the provider of such Content to Company or another third party which has authorized the provider of such Content to distribute such Content by or through the Software and Services. Under no circumstances may you modify, distribute, sell, rent, lease, loan, or create derivative works based on this Content (either in whole or in part) unless Company or the Content owner has provided you with specific written permission to do so in a separate written agreement.
(c) Without the express written consent of the proper owner of any Content that is subject to a proprietary right, including without limitation copyrights and trademarks, you are prohibited from creating, posting, transmitting, uploading, displaying, or otherwise making use of such Content either through the Software and/or Services or otherwise. You shall be solely liable for any damages arising out of any infringement of any proprietary right of a third party, and any other damages that result from Content that you upload, post, transmit, display or otherwise make available on or through the Software and/or Services. In its sole and absolute discretion, Company may establish additional policies and requirements governing the posting and submission of Content by you on or through the Software and/or Services by updating this EULA with such additional policies and/or requirements. You are responsible for ensuring that any Content that you upload, transmit, display, post, or otherwise make available on or through the Services is done in full compliance with any applicable third party proprietary right, including copyright and/or trademark right.
(d) In connection with your use of the Software and/or Services, you acknowledge and agree that you may have access to and/or be exposed to Content that you may find indecent, offensive, or objectionable. You agree that your access and exposure to any such Content is solely at your own and exclusive risk and Company shall have no liability to you with respect to same. Company may review, flag, pre-screen, filter, modify, refuse or remove any or all Content from any portion of the Software and/or any of the Services, in its sole discretion, but shall in no circumstance be obligated to do so.
SECTION 6. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
(a) You acknowledge and agree you have no rights to use any of Company’s trademarks, service marks, trade names, logos, domain names, and other distinctive brand features. Company owns all legal right, title and interest in and to the Software and the Services, including any intellectual property rights with respect to same (whether those rights are registered or not, and regardless of the jurisdiction in which such rights may exist). You acknowledge and agree to same. The foregoing statement of ownership is subject to all applicable open source and/or third party licenses with respect to the Software and the Services that Company is subject to or that are otherwise applicable to Company. The provision of the Software and Services by us to you and any use of same by you, shall always be subject to such open source license agreements, to the extent applicable.
(b) You hereby grant Company an irrevocable, perpetual, worldwide license to use, broadcast, reproduce, recreate, store, distribute, have distributed, edit, market, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote any Content that you upload, post, transmit, display or otherwise make available on or through the Software and/or the Services, for editorial, commercial, promotional and all other purposes.
(c) Subject at all times to the license set forth in Section 6(b) above, Company acknowledges and agrees that it obtains no right, title or interest in or to any Content uploaded, posted, transmitted, displayed or otherwise made available on or through the Software and/or the Services, including any intellectual property rights therein. Company shall have no responsibility to protect and/or enforce any such intellectual property rights in your Content, for which you remain solely responsible. licable third party proprietary right, including copyright and/or trademark right.
SECTION 7. LICENSE TO SOFTWARE AND SERVICES
(a) Subject at all times to the limitations, prohibitions and restrictions set forth herein, Company hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and the Services provided by Company to you pursuant to this EULA. For clarity, the foregoing license is granted to you solely to enable you to use Software and Services in a manner consistent with this EULA. Your use of the Software and Services is limited to your personal computer, laptop, desktop and/or handheld device and may only be used for your personal use. Under no circumstances are you allowed to sell, trade or resell the Software or Services in any way or for any purpose, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
(b) Under no circumstances may you assign or sublicense your rights to use the Software and/or Services pursuant to this EULA or otherwise transfer, hypothecate, or grant a security interest in any of your rights granted pursuant to this EULA.
SECTION 8. SOFTWARE UPDATES
In its sole discretion, Company reserves the right to cause the Software to automatically download and install updates from time to time. Such updates may improve, enhance and/or further develop the Software and/or the Services, including updates for bug fixes, enhanced functions, new software modules and completely new versions. By agreeing to this EULA, you agree to receive such updates (and permit Company to deliver these updates) in connection with your use of the Software and Services.
SECTION 9. TERMINATION
Company reserves the right to terminate its legal agreement with you pursuant to this EULA at any time and for any reason or no reason without restriction. Until a termination, this EULA will continue to apply to you and your use of the Software and/or Services. Upon the termination of this EULA, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time during the period in which the EULA has been in force) or which are expressly continued indefinitely by the terms hereof, shall continue in full force and effect without termination. Notwithstanding anything to the contrary set forth in this Section 9, Section 2 of this EULA shall continue to apply in all cases to Company’s rights pursuant to Section 2 hereof.
SECTION 10. DISCLAIMER OF WARRANTIES
(a) Company IS PROVIDING THE SOFTWARE AND SERVICES TO YOU SOLELY ON AN “AS IS, AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, Company DOES NOT REPRESENT OR WARRANT TO YOU THAT (i) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (ii); YOUR USE OF THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS (iii) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR SERVICES WILL BE CORRECTED; OR (iv) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. Company HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SERVICES, THE COMPANYS AND/OR ANY CONTENT DELIVERED, SENT, ACCESSIBLE, OR RECEIVED BY OR THROUGH THE SOFTWARE AND THE SERVICES OFFERED BY Company, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Company DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SOFTWARE AND/OR THE SERVICES, OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY Company AFFILIATE SERVICES AND/OR Company AFFILIATE CONTENT, OR THE INFORMATION AND CONTENT DELIVERED, SENT, OR RECEIVED BY OR THROUGH THE SERVICES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND SERVICES, IS ASSUMED AND BORNE BY YOU. SOLELY TO THE EXTENT THE ABOVE LIMITATIONS ARE UNLAWFUL IN YOUR JURISDICTION, THEN OUR LIABILITY TO YOU WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(b) ANY CONTENT DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE USE OF THE SOFTWARE AND/OR SERVICES IS DONE AT YOUR OWN RISK AT YOUR SOLE DISCRETION. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING THE SOFTWARE AND/OR ANY PORTION OF THE SERVICES.
SECTION 11. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Company OR ANY Company AFFILIATE WILL, IN ANY EVENT, BE LIABLE TO ANY PARTY, INCLUDING YOU (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SOFTWARE AND/OR SERVICES PROVIDED BY Company OR ANY Company AFFILIATE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION OR CONTENT, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION OR THE CONTENT; (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, DELAYS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY INFORMATION OR CONTENT, INCLUDING ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (iv) ANY CHANGES WHICH Company OR ANY Company AFFILIATE MAY MAKE TO THE SOFTWARE AND/OR SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SOFTWARE AND/OR SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (v) IF ANY INFORMATION OR CONTENT INFECTS OR CONTAMINATES A USER’S SYSTEM OR INFORMATION OR CONTENT; (vi) YOUR FAILURE TO PROVIDE Company WITH ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. THE FOREGOING LIMITATIONS ON THE LIABILITY OF Company OR ANY Company AFFILIATE TO YOU SHALL APPLY WHETHER OR NOT Company HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SINCE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Company’s AND Company AFFILIATES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 12. PAID CONTENT
Some of the Services are supported by advertising revenue and may display advertisements and promotions. In consideration for Company granting you access to and use of the Services, you agree that Company may place such advertising on the Services. These advertisements may be targeted to the Content or information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Company on the Services are subject to change without specific notice to you.
SECTION 13. THIRD PARTY CONTENT AND SERVICES
(a) Portions of our Content and the Services may link to or be provided from a third party, including a Company Affiliate, including without limitation third party databases, directories, applications, websites, software, programs, services, servers, networks, and systems (collectively, “3rd Party Services”). These 3rd Party Services are provided to You by Company for convenience only. In no way does Company manage or control any of the 3rd Party Services or Content. Company shall have no responsibility with respect to any 3rd Party Services and/or Content, including without limitation, the accuracy, availability, truthfulness, or functionality of any such 3rd Party Services or Content. Company does not endorse or warrant any such 3rd Party Services and/or Content or any product, service or advertising that may be available through such 3rd Party Service and/or Content in any way by virtue of making it available to you.
(b) Some or all of the Services and Content provided by Company pursuant to this EULA may allow for the sending, delivering or receiving of information between you and other Company users or users of 3rd Party Services, which may be processed, transferred, relayed or carried through networks, systems, servers, websites or applications (e.g. telephone and cellular networks, e-mail servers) that are not owned or controlled by Company (“3rd Party Networks”). Under no circumstances shall Company in any way be responsible for the performance, functionality, quality, availability, or reliability of any of the 3rd Party Networks or any of the information processed, transfer, sent, delivered, relayed, carried or received through any such 3rd Party Networks. Company makes no guarantee or warranty that the information processed, transferred, sent, relayed, carried or delivered through 3rd Party Networks will reach its intended destination, or that the details of the recipient or sender are correct or accurate.
SECTION 14. TRADEMARK AND COPYRIGHT CLAIMS POLICY
Company will (i) respond to all notices of alleged infringement of a third party’s copyright and/or trademark rights in accordance with applicable intellectual property law, including, in the United States, the Digital Millennium Copyright Act, and (ii) take action against Company users found to be in violation of a third party’s intellectual property rights.
SECTION 15. EULA AMENDMENTS AND MODIFICATIONS
Company reserves the right, in its sole discretion, to amend, modify and otherwise change the terms of this EULA at any time. In the event there are material changes to the EULA, Company will provide notice to you either by sending you notice either via email or mail, in its sole discretion, or by posting a notice of such changes in a prominent position within the Services accessed by you. Any use of the Software and/or Services by you after the date the EULA is changed shall constitute your acceptance of the EULA, as modified for all purposes.
SECTION 16. INDEMNIFICATION
As additional consideration for your use of the Software and/or Services, you agree to fully indemnify and hold harmless Company and its officers, employees, agents, affiliates, partners, licensors, parents, subsidiaries, and Company Affiliates from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Software and Services, any violation by you of this EULA, any Content you submit, post, transmit or otherwise make available through the Services, and/or any violation by you of any rights of another.
SECTION 17. PRIVACY AND SECURITY
(a) You acknowledge that, as with most Internet applications, there are certain inherent risks associated with accepting or downloading files from or through the Software and/or Services, including without limitation, (1) damage to any data or files stored on your computer, (2) the potential that other Company users will have access to and be able to view your personal data, including your IP address, (3) potential damage to your computer systems, and (4) the potential that Content you share through the Software and/or Services will be redistributed and/or used without your permission or knowledge.
(b) You further acknowledge that you are aware that (1) data and information on the Services may be subject to forgery, tampering, sniffing, spamming, eavesdropping, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer systems; (2) the Services will have security and privacy limitations that may not be acceptable to you, including without limitation the limitation of security, privacy and authentication measures and features; (3) the privacy and security features available through the Software and the Services are provided to you solely as a convenience and may not operate according to their description or may not operate at all; (4) information, data or messages may not reach their destination or may reach an erroneous address or recipient; and (5) by activating certain features, you may provide third parties with certain limited remote access to certain files on your computer systems. Activating these features increases the risk that third parties will be able to tamper with your computer systems.
SECTION 18. PAID SERVICES
In some cases, Company may offer use of or access to certain premium or subscription content or services on or through the Software and/or Services for which a charge may apply (collectively, “Paid Services). You may be required to agree to additional terms and conditions, which will supplement this EULA in general, with respect to some Paid Services. Unless expressly stated otherwise by Company, the Software and Services are provided free of charge. If any payments were made by you for any materials, equipment, products or services that bundle or offer any part of the Services, or for accessing the Services through any platform or network, you acknowledge, that such payments were made for the equipment, products, services or access so offered, and not for the actual Software and/or Services offered by Company. Any charges incurred by you to access the Software and/or Services are your sole responsibility.
SECTION 19. COMPANY SUPPORT
Company does not provide any assistance to its users, including you. Your use of the Software and Services is at your sole complete risk. Company does not undertake nor is it obligated to provide you with any updates, upgrades, bug fixes, error corrections and/or enhancements to all or any portion of the Software and/or Services.
SECTION 20. RIGHTS AND REMEDIES
(a) In addition to any other legal remedies that may be available to Company, we may seek and obtain injunctive relief against You in the event of a disclosure or misuse or threatened disclosure or misuse of any of the proprietary and/or confidential information of Company contained in or accessible through use of the Software and/or Services, the disclosure of which would give rise to irreparable injury to Company, which could not adequately be compensated in damages.
(b) This EULA, including without limitation, Company’s enforcement of the terms of this EULA, are not intended to confer, nor do they confer, any rights or remedies upon any person other than Company. Nothing contained in this Agreement is intended to confer upon any person not a party to this Agreement any rights or remedies in any circumstance, unless otherwise provided for herein.
SECTION 21. GENERAL TERMS
(a) Construction. If any part of this EULA is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties hereto, and the remaining portions shall remain in full force and effect.
(b) Notices. Any and all legally required communications, including notices, disclosures, agreements, or other information required in connection with any of the Software and/or Services may be sent to you electronically, including via (i) e-mail to an e-mail address provided by you, and/or (ii) by pop up notice, system notice, or any other form of notice, on any portion of the Software and/or Services and/or by (iii) posting the notices on a main page or other page of the relevant Service, from Company and you consent to the receipt of same (hereafter, “Notices”). Company may provide Notices to You regarding the Software and Services, including without limitation any notices with respect to violations of this EULA, any updates to the Software Services or the EULA, or any portions thereof, and promotional information. Regardless of whether you read a Notice when you receive it, the delivery of any Notice from Company is effective when sent by Company. You may withdraw your consent to receive Notices electronically by canceling your use of the Software and Services. Notices to Company shall be sent to [email protected].
(c) Survival. The provisions of this EULA addressing usage restrictions, disclaimers of representations and warranties, limitations of liability, intellectual property rights and obligations, indemnity obligations, Paid Services, and governing law shall survive the termination of this EULA for any reason, your use of all or a portion of the Software and/or Services, and your use of or access to Paid Services.
(d) Applicable Law. This EULA, including any amendments hereto, shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules. Notwithstanding the foregoing, your use of all or a portion of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your use of the Company Services resides in the courts of New York county, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute, including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
(e) Assignment. Company reserves the right, in its sole and absolute discretion, to transfer, assign, sublicense or pledge in any manner whatsoever, any of its rights and obligations under this EULA to any third party whatsoever, without your consent and without notice to you. You shall not transfer, assign, delegate, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
(f) Export Control. You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Company any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
(g) Headings. The headings and captions used in this Agreement are
inserted for convenience only and will not affect the meaning or
interpretation of this Agreement.
For any concerns regarding this EULA write to us at [email protected]