AppAds Promotions Inc, a company incorporated in accordance with the laws of Newfoundland and Labrador is the owner of Iceberg Alley mobile application (“the Application”) and the websites icebergalleyapp.com and icebergalley.mobi (“the Websites”). The Application and the Websites allow users to view and report iceberg and whale sightings, and connect with local businesses.
THE FOLLOWING END USER LICENCE AGREEMENT and TERMS AND CONDITIONS (“TERMS”) GOVERNS THE USER’S USE OF THE APPLICATION, WEBSITES AND SERVICES (collectively referred to as “Iceberg Alley”) PROVIDED BY APPADS PROMOTIONS INC (the “Company”). By accessing and using the Application and/or Websites and/or Services, You (the User) agree to be bound by the Terms set out in this legal notice, and you represent that you have the authority and capacity to enter into this Agreement. If You, the User, do not wish to be bound by these Terms, you may not access, display, use, download, and/or otherwise copy or distribute content obtained through Iceberg Alley.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to the Site. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access Iceberg Alley solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Websites or the Application; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Websites or the Application; (c) you shall not access the Websites or the Application in order to build a similar or competitive website or application; and (d) except as expressly stated herein, no part of the Websites or the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of Iceberg Alley shall be subject to these Terms. All copyright and other proprietary notices on the Websites and the Application must be retained on all copies thereof.
Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, Iceberg Alley or any service to which it connects, with or without notice and without liability to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Websites or the Application or any part of the Iceberg Alley service.
No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with Iceberg Alley.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in Iceberg Alley and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Websites and/or the Application do not give you any rights, title or interest in or to any intellectual property rights. Company and its suppliers reserve all rights not granted in these Terms.
Acceptable Use Policy.
You agree not to use Iceberg Alley to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through Iceberg Alley any software intended to damage or alter an operating system or data; (ii) send through Iceberg Alley unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use Iceberg Alley to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to Iceberg Alley, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to Iceberg Alley, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of Iceberg Alley; or (vi) use software or automated agents or scripts to produce multiple accounts on the Websites or the Application, or to generate automated searches, requests, or queries to Iceberg Alley.
Your “Content” shall mean any audio, video, text, comments, images or other material you choose to display on Iceberg Alley. By displaying Your Content, you grant Company a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Company respects the intellectual property of others and asks that users of our Websites and/or Application do the same. Your Content must be your own and must not be invading any third-party’s rights. Company reserves the right to remove any of Your Content from this Website at any time without notice.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your access, and/or reporting you to law enforcement authorities.
Parts of Iceberg Alley offer an opportunity for users to post and exchange opinions and information. Company does not filter, edit, publish or review Content or Comments prior to their presence on the Websites or the Application. Comments do not reflect the views and opinions of Company, its agents and/or affiliates. Comments reflect the views and opinions of the persons who post their views and opinions. To the extent permitted by applicable laws Company shall not be liable for the Content or Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Content or Comments on the Websites or the Application. Company reserves the right to monitor all Content and to remove any Content which can be considered inappropriate, offensive or causes breach of these Terms.
User Content will remain visible for an undefined period of time.
As the User, You warrant and represent that:
- You are entitled to post the Content on Iceberg Alley and have all necessary licenses and consents to do so;
- The Content does not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Content do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- The Content are true and accurate to the best of your knowledge and are not in any way deceptive.
You hereby grant Company and Iceberg Alley a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Content in any and all forms, formats or media.
If you find any link or Content on our Websites or Application that is offensive for any reason, you are free to contact and inform Company. Company will consider requests to remove links and/or Content but we are not obligated to or so or to respond to you directly.
We reserve the right to request that you remove all links or any particular link to any site, page or application of Iceberg Alley. You approve to immediately remove all links to Iceberg Alley upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to Iceberg Alley, you agree to be bound to and follow these linking terms and conditions.
No use of Iceberg Alley’s logo or other artwork will be allowed for linking absent a trademark license agreement.
You may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Websites or Application.
If you provide Company with any feedback or suggestions regarding Iceberg Alley, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
Company does not ensure that the information on Iceberg Alley is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that Iceberg Alley remains available or that the material on the Websites and/or the Application is kept up to date.
You agree to indemnify and hold Company and its officers, affiliates, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of Iceberg Alley, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. The Websites and/or the Application may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links and Ads are not under the control of Company, and Company is not responsible for any Third-Party Links and Ads. Company provides access to these Third-Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links and Ads. You use all Third-Party Links and Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Iceberg Alley user is solely responsible for any and all of its own User Content. Because Company does not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Iceberg Alley user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, affiliates, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Iceberg Alley. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimers. Iceberg Alley is provided on an “as-is” and “as available” basis, and Company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Websites and/or the Application will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to Iceberg Alley, all such warranties are limited in duration to seven (7) days from the date of first use.
Limitation on Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF GOODWILL, COMPUTER/ELECTRONIC DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THESE TERMS OR YOUR USE OF, OR INCAPABILITY TO USE THE WEBSITES AND/OR TH EAPPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ACCESS TO AND USE OF ICEBERG ALLEY IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE TO ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA RESUKTING THEREFROM. IN NO EVENT WILL COMPANY’S CUMULATIVE DAMAGES EXCEED THE FEES THE USER PAID TO COMPANY UNDER THIS AGREEMENT IN THE MOST RECENT 30 DAYS.
The User agrees to defend, indemnify and hold harmless Company and its affiliates, agents, employees, owners, contractors and attorneys from and against any liabilities, losses, damages, judgments, fines, penalties, costs and expenses (including reasonable attorney’s fees and court costs), arising out of or resulting from any claim, demand, action or proceeding brought against Company arising out of or based upon (a) any breach by The User of its representations, warranties and/or obligations in this Agreement; or (b) any infringement, misappropriation or violation of a third party’s intellectual property rights resulting from the User’s misuse of Iceberg Alley; or (c) any infringement, misappropriation or violation of a third party’s personal property rights (including but not limited to privacy) resulting from the User’s use of Iceberg Alley.
Term and Termination. This Agreement and These Terms will remain in full force and effect while you use Iceberg Alley. We may suspend or terminate your rights to use the Websites and/or the Application at any time for any reason at our sole discretion, including for any use of Iceberg Alley in violation of these Terms, without prior notice from Company. Upon termination of your rights under these Terms, your Account and right to access and use Iceberg Alley will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or computer.
All fees paid to Company by the User are non-refundable and non-transferable.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by posting notice of the changes on our Website(s) or in our Application. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Websites or the Application. These changes will be effective immediately for new users of Iceberg Alley. Continued use of Iceberg Alley following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The Websites and the Application may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications. The communications between you and Company use electronic means, whether you use Iceberg Alley or send us emails, or whether Company posts notices on Iceberg Alley or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and Company regarding the use of Iceberg Alley. Company’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Copyright/Trademark Information. Copyright © AppAds Promotions Inc and Iceberg Alley. All rights reserved. All trademarks, logos and service marks displayed on the Websites and/or the Application are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Address: Newfoundland and Labrador, Canada
Late Updated: April 20, 2017
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