- the Apple iPhone store website (the “Apple Site”) located at http://www.apple.com/iphone/appstore or;
- the Google Play store website (the “Google Site “) located at https://play.google.com/store?hl=en.
Both you and we acknowledge that this Agreement is between us and you, and that Apple, Inc. and its subsidiaries (collectively, “Apple”) and Google, Inc. and its subsidiaries (collectively, “Google”) are not parties to this Agreement.
The procedures for modifying or changing this Agreement in the future are discussed in Section 7.
GLOBAL TERMS AND CONDITIONS
This Agreement is conditional upon your agreement also to:
- The Apple Site Terms of Service http://www.apple.com/legal/internet-services/itunes/us/terms.html with Apple (the “Apple Terms of Service”); and
- The Google Site Terms of Service https://play.google.com/intl/en_us/about/play-terms.html with Google (the “Google Terms of Service”).
Upon valid acceptance of this Agreement, you agree and understand that you are bound by the Apple Terms of Service and Google Terms of Service.
1. YOUR USE OF THE ROAR APP
This ROAR App permits you to use the ROAR software application for mobile devices (“ROAR App”) and the ROAR information technology augmented reality and image recognition platform (“ROAR Services”) that ROAR may make available from time to time from your mobile device (collectively, “Device”).
Once you download the ROAR App onto your Device and accept this Agreement, you may use the ROAR App to use the ROAR Services.
2. LICENSE GRANT
We grant you a limited, terminable, non – sub-licensable, non-transferable, non-exclusive license to install and use the ROAR App on any Device that you own or control solely:
- For your personal use in connection with using the ROAR Services; and
- As permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades provided by ROAR that replace and/or supplement the original ROAR App, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Neither Apple nor Google has any obligation to provide you with any updates, maintenance or support services for the ROAR App.
3. LICENSE RESTRICTIONS AND USAGE RULES
3.1 LICENSE RESTRICTIONS
You may not use the ROAR App on any Device that you do not own or control, and you may not distribute or make the ROAR App available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the ROAR App.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the ROAR App, any updates or any part thereof (except to the extent any foregoing restriction is permitted by applicable law).
You represent and warrant that you will use the ROAR App and the ROAR Services in accordance with all applicable contracts, laws, rules and regulations.
3.2 USAGE RULES
You acknowledge that the ROAR App contains security technology that limits your usage of the ROAR App to the following applicable usage rules.
Whether or not the ROAR App is limited by security technology, you agree to use the ROAR App in compliance with the applicable usage rules:
- Your use of the ROAR App is conditioned upon your prior acceptance of the terms of this Agreement;
- You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
- The delivery of the ROAR App does not transfer to you any promotional use rights in the ROAR App;
- You shall be able to manually sync the ROAR App from at least one authorized device to devices that have manual sync mode, provided that the ROAR App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes;
- You acknowledge and agree that you are solely and entirely responsible for the digital content you use, including but not limited to text, images, graphics, videos, 3D models, web links etc.;
- You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the ROAR App any of the following:
a) User Generated Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b) User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Generated Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
c) User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
d) Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
e) User Generated Content that, in the sole judgment of ROAR, is objectionable or which restricts or inhibits any other person from using or enjoying the Roar App, or which may expose ROAR or its users to any harm or liability of any type.
- Should your content places a significant burden on our platform or negatively impacts the work of our website, we reserve the right to restrict or temporarily disable access to your digital content; and
- To improve the efficiency and performance of our platform, we reserve the right to remove any user generated content that has been inactive. For the purposes of this article, inactive means the user generated content that had no activity during two calendar months.
4. Subscription plans
- Part of our services is available only on a subscription basis. Subscription plans are published on the website. By applying for a subscription plan on the ROAR website, you agree to the terms set forth in this section.
- The subscription will be activated as soon as ROAR has been able to verify your payment.
- The subscription is charged automatically once per month and entered on the basis of auto-renewal. Unless you change your subscription plan to free, we will renew your subscription automatically by withdrawing the subscription price from your authorized credit card account on the next billing cycle.
- Failure to charge your card account will result in an immediate suspension of your subscription.
- We have various subscription plans with their respective prices, which can be reviewed from time to time.
- We reserve the right to change the subscription plans and prices at any time without further notice. Such changes will come into effect for your subscription on the next renewal date.
- Charges, Refund and Cancellation Policy
5. TERMINATION AND SURVIVAL
- If you breach this Agreement, including but not limited to violating the Usage Rules in Section 3.2 (6) above, we may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 (“License Grant”) will survive termination and continue in effect.
- We may terminate this Agreement without cause, for any reason by giving you at least one calendar months’ notice[SK1][RF2].
- Upon termination, either for cause as provided in Section 5 (1) or without cause as provided in Section 5 (2), you must destroy all copies of the ROAR App.
6. LICENSE TO ROAR OF USER GENERATED CONTENT
By using the ROAR App to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers.
You agree to grant, and thereby grant, to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device (“User Generated Content”) to make the ROAR Service available to you and for our general business purposes.
You hereby acknowledge and agree that the use of the ROAR App and the ROAR Service is sufficient consideration for the grant of this license to us.
You represent, warrant and undertake that the User Generated Content does not and will not infringe the rights (including the Intellectual Property Rights) of any third party and shall comply with all applicable laws.
You shall indemnify ROAR and shall keep ROAR indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.
7. PROPRIETARY RIGHTS
We reserve all intellectual property rights in the ROAR App and the ROAR Services, except for the rights expressly granted in this Agreement.
You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the ROAR App.
This Agreement does not grant you any right to use the trademarks, service marks or logos of ROAR or its licensors.
8. MODIFICATION OF THIS AGREEMENT
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the ROAR website located at https://www.theroar.io. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting the ROAR App.
We will have no obligation with respect to any claim under Section 9.1 unless:
You promptly notify us about the claim;
You allow us to have sole control of the defense and settlement of such claim; and
You provide us with reasonable assistance in connection with our defense and settlement of such claim.
9.3 OUR OPTIONS
If the ROAR App infringes or misappropriates, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
Obtain from the third party the right to continue to use the ROAR App consistent with the rights granted hereunder; or
Modify the ROAR App to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
Modification of the ROAR App by anyone other than us; or
The combination of the ROAR App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone.
10. DISCLAIMER OF WARRANTY
The ROAR App has been developed with, and the ROAR Services, are provided with, reasonable care and skill. ROAR does not make any other promises or warranties about the ROAR App and in particular does not warrant that:
- The ROAR App will provide uninterrupted or error-free use and the ROAR Services will be uninterrupted or error-free; and
- The ROAR App and ROAR Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. You shall be responsible for backing up your own system.
In no case shall ROAR be liable for any loss or damage caused by the ROAR App where:
- There is no breach of a legal duty of care owed to you by ROAR;
- It is not a reasonably foreseeable result of any such breach;
- Any increase in loss or damage results from breach by you of any term of this Agreement;
- It results from a decision by ROAR, to suspend or terminate your access to the ROAR App or the ROAR Service, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
- It relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the ROAR App or the ROAR Service; or
- The loss or damage is indirect.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THIS WEBSITE, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE
12. SUSPENSION OF THE ROAR APP AND ROAR SERVICES
We can, at any time, suspend your use of the ROAR App and/or ROAR Services. We will do this if we think it is reasonably necessary because:
- We have concerns about the security of the ROAR App or ROAR Services;
- We are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
- We reasonably believe that you are using the ROAR App or ROAR Services in a manner that is inconsistent with or breaches any of our, Apple or Google’s usage rules.
- We believe that the content created/posted/saved by you on ROAR App or ROAR website violates the Usage Rules.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
13. INJUNCTIVE RELIEF
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
14. CHOICE OF LAW AND JURISDICTION
In the unlikely event that you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA applicable to agreements made and to be entirely performed within the State of New Jersey (even if your use is outside of the State of New Jersey), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this website or these terms shall be filed only in the state or federal courts located in the State of New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and us regarding the use of this ROAR App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
16. SECTION TITLES
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
20. PRODUCT QUESTIONS, COMMENTS, CLAIMS AND CONTACT INFORMATION
We, and not Apple or Google, are responsible for addressing any questions, comments or claims relating to the ROAR App and/or your use of the ROAR App, including but not limited to:
- product liability claims;
- personal data claims;
- any claim that the ROAR App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact ROAR at email@example.com
If you believe that any material within the ROAR App infringes upon your copyright, pursuant to the Digital Millennium Copyright Act, please send your written notice of infringement to:
330 Washington St., # 172
Hoboken, NJ 07030
You may also email any claims to: firstname.lastname@example.org