ROCKDAISY END USER LICENSE AGREEMENT
This End-User License Agreement has been last updated on August
11, 2021.
IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS END USER
LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY INCORPORATED BY REFERENCE, DO
NOT PURCHASE, DOWNLOAD, OR USE ANY APPS OR SERVICES OF ROCKDAISY LLC. YOU AGREE
TO ALL TERMS HEREIN UPON AFFIRMATIVELY AGREEING, BY CREATION OF A ROCKDAISY AMS
ACCOUNT, OR BY USE OF ROCKDAISY ATHLETIC MANAGEMENT SYSTEM SERVICES OR SERVICES
RELATED THERETO.
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT
BEFORE USING THE COMPANY SERVICES. THIS IS A LEGAL AGREEMENT BETWEEN US AND
YOU. ADDITIONALLY, THE COMPANY PRIVACY POLICY (AS DEFINED BELOW) AVAILABLE AT https://www.rockdaisy.com/Content/policies/Privacy-Policy.html
IS INCORPORATED BY REFERENCE AND IS A PART OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, TO THE EXTENT THERE IS ANY CONFLICT BETWEEN THIS AGREEMENT AND
THE PRIVACY POLICY, THIS AGREEMENT SHALL CONTROL UNLESS THE CONFLICTING TERM OF
THE PRIVACY POLICY IS REQUIRED BY LAW TO GOVERN.
By purchasing,
accessing, and/or using the RockDaisy Athletic Management System web application
or RockDaisy Athletic Management System Lite web application (collectively, “App”),
or by purchasing or creating an account for the www.RockDaisy.com website (such domain and all webpages
attributed thereto, collectively “Website”) or App or other related services (App,
website, and related services collectively referred to as “Services”) from RockDaisy
LLC ("Company", "us" or "we"), you indicate that
you have read and agree to the updated End User License Agreement (“EULA”), and
agree to be bound by all of its terms and conditions. We reserve the right, in
our sole discretion, to change, modify, add, or remove portions of the EULA at
any time. We encourage you to review the EULA periodically; upon your use or
access to the Services, you agree to the latest-updated EULA in effect at such
time. If the changes include material changes that affect your rights or
obligations, we will notify you of the changes by reasonable means.
In addition to the
terms and conditions herein, the Company Privacy Policy, available https://www.rockdaisy.com/Content/policies/Privacy-Policy.html,
is incorporated by reference hereto. In the event of any conflict between this
EULA and the Company Privacy Policy, the conflicting terms of this EULA shall
prevail, unless applicable law requires otherwise.
NEITHER THE APP NOR
ANY OTHER SERVICES ARE INTENDED TO ACT AS, OR BE A SUBSTITUTE FOR, MEDICAL
ADVICE. THE COMPANY MAKES NO REPRESENTATION THAT THE APP OR OTHER SERVICES MAY
BE USED FOR ANY MEDICAL DIAGNOSIS, HEALTH OR WELFARE IMPROVEMENT, OR TREATMENT
WHATSOEVER. CONSULT YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL
BEFORE USING ANY APP OR OTHER SERVICE FOR YOUR WELL-BEING OR FOR USE FOR A
MEDICAL CONDITION, AND BEFORE ENGAGING IN ANY NEW EXERCISE ROUTINE.
You represent and warrant
that you own or control the device in which the Services will be used, and that
you have the right, authority and capacity to enter into this EULA and be bound
by all its terms and conditions. This EULA also applies to any updates,
supplements, and services that are not provided under a separate agreement with
us.
YOU REPRESENT AND
WARRANT THAT YOU WILL CREATE ONLY ONE ACCOUNT FOR USE OF THE APP OR ANY
SERVICES. IF YOU REQUIRE MULTIPLE ACCOUNTS FOR ANY REASON WHATSOEVER, YOU MUST
CONTACT ROCKDAISY LLC FOR CONSENT BEFORE CREATING A NEW ACCOUNT. ONLY ONE
SUBSCRIPTION TO THE APP MAY BE PURCHASED OR USED BY ANY ACCOUNT AT ONE TIME.
The terms of the
license may be amended only by a separate written agreement between you and the
Company, or between the Company and the third-party that provided you the
license; in such case the terms of that separate agreement shall govern and
supersede any conflicting terms herein pertaining to your license, regardless
of which was first executed. If no such separate written agreement exists, no
rights are granted to you pertaining to the App or other Services other than as
explicitly provided to you herein, and Company reserves the right to enforce
the terms of these restrictions to the fullest extent of the law, including but
not limited to seeking monetary damages or injunctive relief.
Upon payment for the
App or Services through the Company or through a third-party provider (or, in
the event of a free trial, upon creating an account for such free trial), Company
grants you a limited, non-assignable, non-exclusive, revocable,
non-sublicensable, non-transferable license, to access and use most current
version of the App solely for your lawful, personal, and non-commercial
entertainment use, subject to all terms and conditions herein. All purchases of
the App are non-refundable by the Company, subject to applicable law. If you
purchased the App through a third-party provider, review that provider’s terms
of service for additional refund information.
You may not rent, sell, lease, sublicense, distribute, assign,
copy, or in any way transfer or grant any rights to the Services or use the Services
for the benefit of any third party. You agree that you will not use any device
or software to attempt to interfere with the proper working of the App. You may
not violate or attempt to violate the security of our Services. You may not
modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any
App or Service, or the source code thereof, nor may you access such source code,
except that you are permitted to view the HTML code as provided by your
browser’s basic and lawful functions. The App, the Services, and all underlying
source code and software are the sole property of the Company. You may not
create derivative works of any App, Services, website or any portions thereof. Notwithstanding the foregoing, some components of the App are open
source code and separately subject to open source licenses of their respective
authors, as provided in the credits within the source code. The App is now and
shall remain a proprietary product of Company and is protected by copyright law
and international treaty. Except as specifically provided herein, all rights,
title and interest in the App, and any copy, modification, update, derivation,
or merged portion of the App shall at all times remain with Company. Nothing in this EULA shall act or be deemed
under any circumstances to grant or transfer title in the App and/or any
improvements thereon to you or any third party.
If you are explicitly
permitted by separate written instrument to sublicense your license, you agree
not to permit any party other than those authorized by written agreement with
the Company to use or access the Services, and you shall be wholly liable for
all such unauthorized use or access. You shall further be liable for all
breaches of this EULA and other governing documents by your sublicensees. You
agree that you assume that risk and shall mitigate your risk by ensuring your
sublicensees have read and understood all terms of this EULA and other
governing license documents.
SUBSCRIPTION TIERS:
Upon creating an
account and/or obtaining a license, you shall be prompted to select from a set
of predetermined groups of features and Services, each for a specific term and
Fee (“Subscription Tiers”). The Website provides a rough outline of those features,
Services, terms, Fees, and Athlete usage of each basic Subscription Tier.
THE FEATURES AND SERVICES DESCRIBED ON THE WEBSITE ARE FOR ILLUSTRATIVE
PURPOSES, AND MAY NOT ALWAYS BE AVAILABLE, MAY BE DISABLED TEMPORARILY OR
PERMANENTLY, AND MAY MATERIALLY DIFFER FROM THOSE ACTUALLY PROVIDED IN THE APP
FOR THAT SUBSCRIPTION TIER. Company may further provide you a separate written
agreement that defines a custom Subscription Tier not described on the Website.
No user shall be entitled to any Services or features of the App that are not
included in the Subscription Tier purchased. Upon the expiration of a term,
Company reserves the right to alter the terms, conditions, Fee, and features of
your Subscription Tier prior to the commencement of the subsequent term, or to
create or delete Subscription Tiers and permit you to select a different one
prior to the subsequent term.
Company reserves the
right to add or remove features or functions to the App and subsequently
release an updated version, which may automatically take effect. Company may
require you to use the most updated version of the App in order to access some
or all of its features, and as such you may be required to have access to the internet,
at your expense, for the App to function. You may be required to accept any
updated EULAs before using a new App update. You acknowledge and agree that we
have no obligation to provide you any updates or alternate versions of the App.
You are solely responsible for any costs you incur to access the
Apps from your device, including without limitation internet, equipment,
devices, and/or service plans. Company makes no representation that the App can
be accessed on all devices or wireless service plans. Company makes no
representation that the App is available in all languages or that the Apps are
appropriate or available for use in any particular location. The Company makes
no representation that the App can be used on all versions of all operating systems
or browsers; you understand and acknowledge that App updates may cause the App
or some of its features to cease working on some devices, browsers, or
operating systems, particularly if they are not the most current versions
thereof.
TRIAL PERIOD:
If your Subscription
Tier includes a free trial period, you acknowledge and agree that at the
conclusion of the period of free Services offered, you shall pay, and you
authorize Company to charge, the annual amount due for a 1-year term of the
license (“Fee”). The Fee shall be non-refundable. You will not be charged a Fee
if you notify the Company in writing of your desire not
to continue your subscription before the free trial period has expired. The
free trial period is for new users only, and shall not be granted if a free
trial period has been granted to such user or account in the past, regardless
of any promotions or advertisements then in effect.
NOTWITHSTANDING THE
FOREGOING, NO USER SHALL BE ENTITLED TO MORE THAN ONE FREE TRIAL PERIOD,
INCLUDING, BUT NOT LIMITED TO, USERS WITH MULTIPLE ACCOUNTS, USERS WHO HAVE
SIGNED UP FOR MULTIPLE SUBSCRIPTIONS, USERS WHO HAVE SIGNED UP FOR PAST
SUBSCRIPTIONS, AND USERS WHO CREATE AN ACCOUNT ON BEHALF OF OTHER USERS WHO
HAVE RECEIVED A FREE TRIAL PERIOD. COMPANY RESERVES THE RIGHT TO CHARGE A FEE
FOR THE RESPECTIVE SUBSCRIPTION SERVICE IN THE EVENT A USER SIGNS UP FOR A
SUBSCRIPTION SERVICE AFTER HAVING RECEIVED A FREE TRIAL PERIOD IN THE PAST. YOU
REPRESENT AND WARRANT THAT YOU HAVE NOT RECEIVED A PAST FREE TRIAL PERIOD AND A
BREACH OF THIS REPRESENTATION IS A MATERIAL BREACH OF THIS EULA.
PAYMENT:
As consideration for the license to use the App, in addition to
all other terms covenants provided herein, you shall pay to Company a Fee in
the amount specified on the Website for your particular Subscription Tier. The
Fee shall be due and payable upon expiration of any applicable free trial, except
that (i) the Fee shall be immediately due and payable
upon use if you are not eligible for a free trial, and (ii) no Fee shall be
charged if you have unequivocally cancelled your subscription in writing to
Company prior to the expiration of your applicable free trial. At the
conclusion of the term applicable to your subscription, an additional Fee shall
be due and payable for the subsequent renewal term. The Fee amount for renewal
terms may be different from the Fee amount charged for prior terms; Company has
the right to change or increase its Fees, change its Subscription Tiers, or
discontinue any Subscription Tiers at its discretion. You shall be liable for
the Fee posted on the Website for your Subscription Tier as stated 30 days
prior to your renewal term, unless Company has expressed to you in writing an
alternative Fee for such period.
It shall be deemed a material breach of this EULA to fail to pay
any installment of the Fee within 5 business days of when due. In addition to
any other rights or remedies granted herein, Company retains the right to stop
access to the App and suspend or terminate your account upon default of payment.
All payments made to Company under this EULA shall be in US Dollars.
USE OF SERVICES FOR ATHLETES:
You may use the App
and Services only for the specified number of third party persons (“Athletes”)
as provided in your specific Subscription Tier. It shall be a breach of this
EULA to use the App or Services to monitor, record, or input data for more
Athletes than is provided for in your Subscription Tier.
YOU REPRESENT AND
WARRANT THAT YOU HAVE PROVIDED A COPY OF THIS EULA TO ALL ATHLETES WHOSE
INFORMATION YOU INPUT INTO THE APP, THAT YOU HAVE EXPLICIT CONSENT FROM ALL
SUCH ATHLETES TO INPUT SUCH DATA, THAT ALL ATHLETES HAVE GIVEN AFFIRMATIVE
ASSENT TO THE TERMS AND CONDITIONS HEREIN, THAT IF ANY ATHLETES ARE UNDER THE
AGE OF 18 THE FOREGOING FURTHER APPLIES TO SUCH ATHLETE’S PARENTS OR LEGAL
GUARDIANS.
YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FOR ANY CLAIMS, SUITS,
PENALTIES, LIQUIDATED DAMAGES, COSTS, EXPENSES, AND LOSSES, INCLUDING COURT
COSTS AND REASONABLE ATTORNEYS FEES, THAT COMPANY, ITS MEMBERS, OR EMPLOYEES
MAY INCUR ARISING FROM OR RELATED TO (I)
YOUR BREACH OF ANY CLAUSE OF THIS SECTION (USE OF SERVICES FOR ATHLETES), AND
(II) ANY AND ALL DATA INPUT INTO THE APP, INCLUDING BUT NOT LIMITED TO DATA
CONCERNING ATHLETES.
YOUR CONTENT:
You are solely
responsible for any information of any kind input into the App or other Service
(“Content”) you contribute, submit, display or for any adaptations of works
made on or through your use of the App(s). It is your obligation to ensure that
such Content does not violate any intellectual property rights of any third
party. You represent and warrant that you are lawfully authorized to post all
Content provided by you, and that all Content is lawful, is not hate speech,
does not threaten others, is non-commercial in nature, does not solicit any
other persons, does not impersonate any other person, does not contain lewd or
inappropriate material, and does not give rise to any third party causes of
action, and agree to indemnify Company for any breach of the representations or
warranties herein.
By agreeing to this
EULA, you grant Company a perpetual license to store, delete, use, sell,
manipulate, and alter all Content, subject to the terms herein and applicable
law. Such license shall not expire regardless of the termination of this EULA.
Company shall be under no obligation to delete such information, except
personal information that must be deleted in accordance with applicable law.
THE FOREGOING APPLIES TO ALL CONTENT, INCLUDING BUT NOT LIMITED TO INFORMATION
PROVIDED CONCERNING ATHLETES OR OTHER THIRD PARTIES.
ALL CONTENT SUBMITTED
OR INPUT BY YOU OR CONTENT SUBMITTED BY A USER THROUGH YOUR ACCOUNT WITH YOUR
CONSENT IS SUBJECT TO ALL TERMS OF THE COMPANY PRIVACY POLICY.
The term of the
license and this EULA shall be one year, commencing on the date upon which the
license is granted to you pursuant to the terms herein, provided that if the
Subscription Tier provides for a free trial period, the term shall expire one
year after the date in which the free trial period ends. The term may terminate
or expire at an earlier time as provided herein.
At the conclusion of
the applicable term, an additional renewal term shall automatically commence
immediately thereafter unless you have provided Company written notice of your
desire not to renew the term prior to the term’s expiration, subject to the
terms and conditions then in effect. You shall be liable for the Fee of the
renewal term, due on the first day of such term. The terms and conditions
applicable to the renewal term may differ from the prior term and shall be
subject to (i) the EULA then in effect upon renewal,
(ii) any updates to the features and limitations of the Subscription Tier as
provided on the Website, (iii) the Fee then in effect for the Subscription
Tier, as posted on the Website, (iv) any
separate written agreements between you and the Company with respect to your
license to use the App, and (v) if your particular Subscription Tier is no
longer offered, then the terms of the alternative Subscription Tier that
Company notifies you would apply.
Your rights under this
EULA will terminate immediately and automatically without any notice from Company
if you fail to comply with any of the terms and conditions of this EULA. Your
rights and license with respect to paid services will also terminate upon
expiration of any paid subscription purchased by you unless you have renewed or
extended the paid subscription and paid in full the subscription amount. You
understand that Company, in its sole discretion, may modify or discontinue or
suspend your right to access any of our Services or use of any Apps at any time.
Further, Company, with or without any reason, may at any time suspend or
terminate any license hereunder and disable or alter the App or any of its
component features. Temporary suspensions of use for maintenance or other
purposes may periodically occur and you shall not be entitled to refund or
recourse of any kind.
Company reserves the
right to suspend or terminate any account or EULA upon any breach or default by
you, and you shall not be entitled to a refund or recourse of any kind. In the
event of breach or default by you, termination of your account shall not waive
any other rights and remedies available to Company in equity or at law,
including but not limited to monetary damages and injunctive relief.
Company may store,
use, transfer, or delete any information with respect to your account or your
data associated with the account upon termination of the EULA or termination of
your license to use the paid Services. You agree that Company shall not be
liable to you or any third-party for any termination, alteration, or disabling
of the App, website, or other Services, or for disabling or deleting your
account, login information, or data associated with your account upon
termination of the EULA or your license to use the Services.
Promptly upon
expiration or termination of this EULA, you must cease all use of the App and
destroy all copies of Apps in your possession or control.
Termination will not
limit any of Company's other rights or remedies at law or in equity. All
provisions of this EULA with respect to your representations, warranties,
indemnification obligations, and unperformed obligations that arose prior to
termination shall survive termination or expiration of this EULA or the license
for any reason. No rights granted to you with respect to the App, Services, or
license thereto shall survive any termination of this EULA or the license.
THIRD-PARTY SERVICES:
If the App contains or
provides any third-party services, functions, links, webpages, advertisements,
or content (“Third Party Services”), you understand and acknowledge the Company
has no control over the Third Party Services, their function, availability, or
content thereof, and is not liable for any outcomes as a result of your use or
visit of the Third Party Service. The Company makes no representation or
warranty whatsoever with respect to Third Party Services; all Third Party
Services are subject to the terms and conditions of their respective terms of
use or end user license agreement as provided by the respective third party.
You agree to assume all risks and outcomes arising from the use or access of
Third Party Services.
It is not possible for
any software or technology, including the App or Services, to be perfectly
secure; you acknowledge and accept that any information you download or offer
to share by means of the webpage, App, Service, or otherwise, may be exposed to
unauthorized access, interception, corruption, damage or misuse. You accept all
responsibility for such security risks and any damage resulting therefrom.
Further, you are solely responsible for securing your device, Account,
username, password, login credentials, data entered, and data provided to you
from the Services from unauthorized access, including by such means as using
password protection or other security features available on your device. You
agree that Company shall not be liable for any unauthorized access to your
device or the data related to your account.
The App and Services,
including all design, text, images, photographs, illustrations, audio, video,
artwork, graphic material, code, content, software, and documentation provided
to you by Company are Company's property or the property of Company's
licensors, and are protected by U.S. and international copyright, trademarks,
patents and other proprietary rights and laws, none of which are waived. All
rights not expressly granted hereunder are expressly reserved to Company and
its licensors.
The Company and its
tradenames, trademarks, logos and affiliated properties, regardless of whether
or not registered, are the exclusive property of Company or its affiliates. All
other trademarks appearing on any Service are trademarks of their respective
owners, and the use of such trademarks shall inure to the benefit of the
trademark owner. Our partners or service providers may also have additional
proprietary rights in the content which they make available through an App.
Company intellectual property may not be used in connection with any other
product or service, in any manner that is likely to cause confusion. Nothing
contained in herein should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Company trade names, trademarks or
service marks without the Company’s express prior written consent.
WARRANTY DISCLAIMER
TO THE EXTENT THIS IS
PERMITTED BY APPLICABLE LAW, ALL APPS AND SERVICES ARE PROVIDED ON AN "AS
IS," "WITH ALL FAULTS," AND "AS AVAILABLE"
BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COMPANY,
ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS,
AGENTS AND SUPPLIERS, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE APPS
WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, OR
ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COMPANY PRODUCTS WILL
BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPS WILL MEET YOUR
EXPECTATIONS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF
OUR APP OR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPS OR
SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT DISTRUBUTED OR INPUT BY YOU. COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES AND REPRESENTATION RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY
THIRD PARTIES. IN JURISDICTIONS WHERE THE FOREGOING DISCLAIMERS ARE INVALID,
THE DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE FORBIDDEN BY LAW.
TO THE EXTENT
PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE, NON-USE, OR
INABILITY TO USE THE APP OR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY;
OR (IV) ANY OTHER MATTER RELATING TO THE APP OR SERVICES. IN NO EVENT SHALL COMPANY'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING OR USING THE
APP OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE
EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT
JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY
WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER
THE DATE ON WHICH YOU FIRST ACCESS THE APP, AND NO WARRANTIES SHALL APPLY AFTER
SUCH PERIOD.
YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATE AND
SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS
FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS
(INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM THE USE OF THE
APP OR YOUR ACCOUNT BY YOU OR BY ANYONE ACTING ON YOUR BEHALF OR WITH YOUR
CONSENT, VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT WITH YOUR CONSENT, OF ANY INTELLECTUAL PROPERTY OR
OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF
ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO
YOU.
You agree to comply
with all US and international laws, restrictions, and regulations, that govern
the import, export, or use of the App or Service.
NOTICE TO US GOVERNMENT END USERS
Any App installed for
or on behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights as
"commercial Items," as that terms is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in the Federal
Acquisition Regulations, as applicable, and only for as short a duration as
lawfully permissible without invoking lesser restrictions. Pursuant to 48
C.F.R. §12.212, the U.S. Government shall have only those rights specified in
the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided
to the public or to (ii) use, modify, reproduce, release, perform, display, or
disclose commercial computer software or commercial computer software
documentation except as specified herein. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Company does not
represent or warrant that the App or any part thereof is appropriate, lawful
for use, or available for use in any particular jurisdiction. We may limit the
availability of the App or Services, in whole or in part, to any person,
geographic area or jurisdiction we choose, at any time and in our sole
discretion.
AGE REQUIREMENT
You must be 18 years
of age or older to use the App and Services. If you are at least 13 (or 16 in the EEA) but not yet 18
years of age, please have your parent, legal guardian, or other lawfully
authorized person review this EULA with you, discuss any questions you might
have, and purchase the Services for you.
Parents or guardians,
by granting your child permission to use and access an App, you agree to the
terms and conditions of this EULA on behalf of your child. You are responsible
for exercising supervision over your children's activities. If you do not agree
to this EULA, do not let your child use the App or Services or associated
features. If you are the parent or guardian of a child under 13 (or 16 in the
EEA) and believe that he or she is using the Services, please contact us at info@rockdaisy.com.
Except for members residing within a
jurisdiction where prohibited by applicable law:
The sole means of resolving any dispute or
claim arising out of or relating to this EULA or the App or Services shall be
BINDING ARBITRATION administered by the American Arbitration Association by a
sole arbitrator. The seat, or legal place, of arbitration and the governing law
shall be New York County in the State of New York. The language to be used in
the arbitral proceedings shall be English. The foregoing arbitration
requirement shall not apply where the case is eligible for, brought before, and
adjudicated by a small claims court of competent jurisdiction.
By using the Apps in any manner, you agree to
the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO
COURT to assert or defend any claims between you and the Company (except for
matters that may be and are undertaken through small claims court). YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY,
and the arbitrator shall determine all issues regarding the arbitrability of
the dispute. You are entitled to a fair hearing before the arbitrator. Decisions
by the arbitrator are enforceable in court and may be overturned by a court
only as provided by law. Any proceeding to enforce this arbitration agreement,
including any proceeding to confirm, modify, or vacate an arbitration award,
may be commenced in any court of competent jurisdiction. In the event that this
arbitration agreement is for any reason held to be unenforceable, any
litigation against the Company (except for small-claims court proceedings) may
be commenced only in the courts of New York. You hereby irrevocably consent to
the jurisdiction of those courts for such purposes. YOU AGREE THAT YOU WILL
COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP OR SERVICES
WITHIN ONE (1) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE
OF ACTION IS PERMANENTLY BARRED REGARDLESS OF THE APPLICABLE STATUTE OF
LIMITATIONS.
MISCELLANEOUS
Governing Law. The laws of New York, without
regard to conflict of laws principles, shall govern all matters relating to or
arising from this EULA, and the use (or inability to use) the App and Services.
No failure or delay by Company in exercising
any right, power or privilege under this EULA will operate as a waiver thereof,
nor will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any other
right, power, or privilege under this EULA. If any provision of this EULA shall
be found unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions.
Depending on the laws of the jurisdiction
where you live, you may have certain rights that cannot be waived through this
EULA and that are in addition to the terms of this EULA, and certain provisions
of this EULA may be unenforceable as to you. To the extent that any term or
condition of this EULA is unenforceable, the remainder of the EULA shall remain
in full force and effect.
THIS EULA, YOUR SUBSCRIPTION, AND YOUR APP
ACCOUNT AND ANY RIGHTS GRANTED TO YOU HEREIN MAY NOT BE SUBLICENSED OR ASSIGNED
BY YOU, IN WHOLE OR IN PART, WITHOUT ROCKDAISY LLC’S EXPRESS CONSENT.
This EULA also includes any additional payment
terms and other requirements set forth on the download or purchase page through
which you purchase or download the Apps. The Apps may be available through
marketplaces that distribute mobile applications and that may have additional
terms, conditions and usage rules that govern your use of the Apps if you
download or install the Apps through such marketplaces.
If you believe any contents or elements of an
App or Service infringe your copyright rights, please contact Company's
copyright agent at:
RockDaisy, LLC
79 Madison Ave
New York, NY 10016
and provide us with all information about the
alleged infringement, including your work and evidence of your ownership of
such work.
For all questions pertaining to this EULA,
please contact:
RockDaisy, LLC
79 Madison Ave
New York, NY 10016