Mobile App EULA

 END USER LICENSE AGREEMENT

 

MOBILE APPLICATION LICENSE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS MOBILE APPLICATION (THE/THIS 'SOFTWARE').

 

This software license agreement (the 'Agreement') is a binding agreement between you and Craveads LLC (the 'Company'), the owner and developer of this Software for the Grace African Christian Connections in the Diocese of Missouri. The Company requires an agreed, written record of the terms and conditions upon which the Company makes the Software available for your use to ensure that you understand your rights and obligations. This Agreement is not intended to provide for usage rules for the Software that are less restrictive than, or general terms unrelated to the Software that conflict with, any agreement between you and the third party mobile storefront provider through whom you may have been provided access to this Software, including with regard to iOS-based Software the iTunes Us age Rules and the App Store Terms of Service as of the effective date of this Agreement. For iOS-based Software, you acknowledge that this Agreement is not between you and Apple, Inc. and that, as between the Company and Apple, the Company is responsible for the Software and its contents. The Company is willing to grant you a limited license to use the Software and its contents only upon the condition that you accept all the terms contained in this Agreement. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU HAVE INDICATED THAT YOU UNDERSTAND AND ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE TO ALL OF THE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR MAKE ANY OTHER USE OF THE SOFTWARE.

 

1.  Grant of License. Subject to your compliance with the terms and conditions of this Agreement, including the Service Terms and Privacy Policy set forth below, the Company grants you a non-exclusive and non-transferable license solely for your personal, non-commercial use to install and use the executable form of the Software: a) for iOS-based Software, on an iPhone, iPad, iPod Touch or other iOS-based compatible mobile device that is owned or controlled by you and as permitted by Usage Rules set forth in the App Store Terms of Service, or b) for Software based on Android or other mobile operating system, on a mobile device that is compatible with such mobile operating system and is owned or controlled by you subject to and in accordance with the applicable terms and conditions under which such device, operating system and access to the Software may have been provided to you. This license does not grant you the right or allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. The terms of this Agreement govern any upgrades provided by the Company that may replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

2.    License Restrictions. The license granted above is limited, and does not grant you the right to and you may not: (i) copy (except as expressly specified above in this Agreement for backup purposes), modify, create derivative works of or make any other use of the Software; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party; or (iii) make the functionality of the Software available to any other user through any means, including, without, limitation, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of services. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of the Company and its licensors. Accordingly, you shall not to disassemble, decompile, 'hack' or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. If the Software is provided to you as part of a subscription, you may only use the Software in connection with your subscription, and you may not share your user password, registration ID or similar identifier used in connection with the subscription with any third party.

 

3.    Ownership; Reservation of Rights. The Software is licensed, not sold. The Software, and all trademarks, service marks, trade names, logos and domain names included with the Software ('Marks') are and shall remain the exclusive property of the Company and/or its licensors, including all intellectual property rights therein unless otherwise staticly designated as GACC and/or GACC DiaMO. The Software and Marks are protected by United States and international intellectual property law and treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or included with the Software. Other than the limited license granted to you above, nothing in this Agreement shall grant you the right or give you permission to use or reproduce the Software, and the Company reserves all rights in the Software not expressly granted to you in this Agreement.

 

4.    Content and Services. The Software provides and enables you to access certain content, materials and services in connection with the Company's data in the Company’s database, websites, and associated properties (collectively, the 'Services'). Your access to and use of such Services is subject to the Company's then-current terms of use for the Service, a copy of which is provided below and which the Company may update and revise from time to time by posting and making available the most current version at https://gacc-diamo.blogspot.com/p/mobile-app-eula.html ('Service Terms'). You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to access and use the Services at your sole risk and the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. As part of the Service Terms, you agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. The Company reserved the right to change, suspend, remove, or disable access to all or part of the Services at any time without notice. In no event will the Company be liable for the removal of or disabling of access to any such Services. The Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

 

5.  Charges. You acknowledge and agree that you are solely responsible for any data, mobile telecommunications or other fees or charges incurred by you as a result of your use of the Software or access to or use of the Services, and you shall comply with the terms and conditions of any data, telecommunications, Internet, broadcast or broadband service provider in connection with your access and use.

 

6.   Compliance with Law. It is your responsibility to familiarize yourself with the relevant laws applicable to the content that you may access and view and the way in which you receive content through the Software and to comply fully with such laws. YOU AGREE THAT THE SOFTWARE AND SERVICES WILL BE USED SOLELY FOR YOUR OWN PRIVATE AND PERSONAL PURPOSES, AND YOU WILL NOT PUBLICLY SHOW OR OTHERWISE MAKE AVAILABLE TO THE PUBLIC OR ANY UNAUTHORIZED PERSON ANY CONTENT DELIVERED THROUGH THE SOFTWARE. YOU WILL NOT ENCOURAGE OR INDUCE ANY USERS TO VIOLATE THE TERMS OF THEIR SUBSCRIPTION AGREEMENT WITH COMPANY.

 

7.    Privacy. You agree that by downloading, accessing and using the Software and Services of the Company and its third-party service providers may collect and use information related to your access to and use, which may include, but not be limited to, personal information that you or your telecommunications provider may make available and technical information about your device, system, application software and peripherals. If you are located outside of the United States, please be aware that any information you provide to the Company will be transferred to the United States and by downloading, accessing and/or using the Software and Services you fully understand and unambiguously consent to this transfer and the collection and processing of information in the United States. The Company shall collect and use this information in accordance with the Company's then-current privacy policy, a copy of which is provided with this Software and which the Company may update and revise from time to time by posting and making available the most current version at https://gacc-diamo.blogspot.com/p/privacy-policy.html

 

8.     Support. If you encounter any problems using the Software, please visit https://gacc-diamo.blogspot.com/ for support information. For iOS-based Software, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software and, as between the Company and Apple, you acknowledge that the Company is responsible for addressing any claims of yours or any third party relating to the Software or your possession and/or use of that Software, including but not limited to (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

9.    Third Party Materials. Certain Services made available on and through the Software may display, include or make available content, data, information, applications or materials from third parties ('Third Party Materials') or provide links to certain third-party web sites. The Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you.

 

10. Term. This Agreement remains effective until terminated by you or the Company. This Agreement and your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term(s) of this Agreement. Upon termination of the license, you shall cease all use of the Software and destroy all copies, full or partial, of the Software in your possession or control.

 

11. Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. For iOS-based Software: a) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, you paid for the Software, b) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and, subject to the terms and conditions of this Agreement, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's responsibility, and c) as between the Company and Apple, you acknowledge that, in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, the Company (not Apple) will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

12. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the lesser of a) the amounts you paid for the Software, or b) ten dollars ($10.00).

 

13. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

 

14. General. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without the Company's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses set forth in the applicable ordering document or invoice or to such other address as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and the Company have executed a separate agreement pertaining to the subject matter hereof. Any terms or conditions contained in your purchase order or other ordering document that are inconsistent with or in addition to the terms and conditions of this Agreement are hereby rejected by the Company and will be deemed null and of no effect.

 

15. Third Party Beneficiary. For iOS-based Software, Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

 

16.Contact Information. If you have any questions regarding this Agreement, you may contact the Company at gpkxipxkwp@privaterelay.appleid.com.