This Application End User License Agreement ("Agreement") is a binding agreement between You ("End User" or "You") and StickyAlbums, Inc., a Minnesota corporation ("Company"). This Agreement governs your use of StickyApps (referred to collectively with the Content and Services as the "Application"). The Application is licensed, not sold, to You.
BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR ACCESS THE APPLICATION.
1. License Grant. Subject to the terms of this Agreement, Company grants You a limited, non-exclusive license to:
(a) access, download, install, and use the Application on your desktop computer, tablet, and mobile device owned or otherwise controlled by You and on your personal computer strictly in accordance with the Application's documentation; and
(b) access, stream, download and use on such devices the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5;
(c) Provide third parties, including without limitation, individuals, companies, organizations, and institutions (each a "Third-Party User"), with access and use of the Content and Services, Application, and Website strictly in accordance with this Agreement and the applicable Terms of Use and Privacy Policy. You shall be responsible and fully liable for any breach of the terms of this Agreement or the applicable Terms of Use and Privacy Policy by a Third Party User to which You provide access to the Content and Services, Application, and Website.
2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) except as otherwise permitted by this Agreement, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
4. Collection and Use of Your Information. You acknowledge that when You download, install, access or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your personal computer, mobile device, and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [Privacy Policy]. By downloading, installing, accessing, using, and providing information to or through this Application, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services. The Application may provide You, and Third-Party Users to whom You provide access, with access to Company's website located at getstickyapps.com and mystickyapps.com (the "Website"), the products and services accessible thereon including without limitation the StickyApps Builder, certain features, functionality and content accessible on or through the Application which may be hosted on the Website, and functionality and content that may be hosted on the website of the Third-Party User (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at [Privacy Policy] and [Privacy Policy], which are incorporated herein by this reference. Your access to and use of such Content and Services may require You to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict You from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
(a) the Application may or may not automatically download and install all available Updates; or
(b) You may or may not receive notice of or be prompted to download and install available Updates.
You acknowledge and agree that the Application or portions thereof may not properly operate and certain content may be outdated should You fail to promptly download and install all Updates on your mobile device. The Company shall have no responsibility for the accuracy of such content. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
(a) You are solely responsible for all content provided by You or a Third-Party User in using the Application, or generated by You or such Third-Party User through use of the Application ("User-Generated Content"). It is your responsibility to ensure that User-Generated Content does not infringe or violate any rights, including, but not limited to, trademarks, copyrights, and other intellectual property rights of the Company or any third party.
(b) The Company does not claim any ownership in your User-Generated Content. However, You hereby grant the Company a worldwide, royalty-free, non-exclusive, perpetual and transferrable right and license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise fully exploit your User-Generated Content and to incorporate your User-Generated Content in other works in any form, media, or technology later developed in connection with the Application, the Content and Services, and the Website.
(c) By accessing and using the Application and the Website to distribute and share User-Generated Content, You hereby grant each user of the Application and the Website a non-exclusive license to access, retrieve, and share your User-Generated Content through the Application or the Website.
(d) The Company does not monitor, review, or edit User-Generated Content, but reserves the right to take down, remove, or disable any User-Generated Content for any reason, including, but not limited to, any User-Generated Content that, in the Company"s sole discretion, violates the terms of this Agreement. The Company may take this action without prior notice to You.
10. Term and Termination.
(a) The term of Agreement commences at the earliest point in time when You download, install, access or use the Application and thereby acknowledge your acceptance and will continue in effect until terminated by You or Company as set forth in this Section 10.
(b) You may terminate this Agreement by terminating your account with the Application and deleting all copies thereof from your personal computer and mobile device.
(c) Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to You under this Agreement will also terminate; and
(ii) You must cease all use of the Application and delete all copies of the Application from your mobile device and account.
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
17. Class Action Waiver. You and the Company agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither You nor the Company will seek to have any dispute heard as a class action, a representative action, or in any proceeding in which You or the Company acts or proposes to act in a representative capacity.
18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding not subject to the agreement in Paragraph 16 for whatever reason arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in St. Paul and Ramsey County. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.