Conveyr News App License Agreement
This License Agreement ("Agreement") is a binding agreement between you ("you") and Logan Street Ventures LLC, a South Carolina limited liability company ("Company"). This Agreement governs your use of the Conveyr News App and the Conveyr Lite News App on the iOS mobile platform or the Android mobile platform (collectively, including all related documentation, the "App"). The App is licensed, not sold, to you.
IN CONSIDERATION OF THE LICENSE GRANTED HEREBY AND THE TERMS HEREOF, YOU AGREE AS FOLLOWS:
BY DOWNLOADING AND INSTALLING THE APP AND CLICKING THE "I AGREE TO THE TERMS AND CONDITIONS" BUTTON ON THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND COMPETENCE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT IN FULL AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation and this Agreement; and
(b) access, download, share and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the App, strictly in accordance with this Agreement.
2. License Restrictions. You shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App 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 App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App;
(g) use the App for commercial purposes; or
(h) use the App in, or in association with, the operation of any vehicle or in violation of applicable law.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its service providers reserve and shall retain their entire respective right, title, and interest in and to the App (or content therein as applicable), including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. Content and Services. The App may provide you with access to certain content, information and services (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by this Agreement. The App is not a subscription service, and the Content and Services may be terminated at any time and from time to time.
6. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. Certain features of the App may only be available in certain geographic regions.
7. Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and automatically be subject to all terms and conditions of this Agreement.
8. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, news articles, photos, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Some Third-Party Materials (for example, news sites and articles) may require subscriptions or payment for use, and such subscriptions and payment are solely your responsibility.
9. Term and Termination.
(a) The term of Agreement commences when you download and install the App and click acknowledging your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 9. There is no obligation on the Company’s part to provide the App or the Content and Services.
(b) You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device and ceasing use of the App in all respects.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the App, which Company may do in its sole and absolute discretion at any time and from time to time. 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;
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device and account; and
(iii) provisions hereof that specifically survive, or by their terms survive, shall so survive such termination hereof.
(e) Termination hereof will not limit any of Company's rights or remedies at law or in equity.
10. DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP AND THE CONTENT AND SERVICES, INCLUDING IN ALL CASES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ACCURACY OR VALIDITY OF INFORMATION AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE, ACCURACY OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
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.
11. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
(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; AND
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.
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. THIS PROVISION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit, share or make available through this App. This provision shall survive any termination of this Agreement.
13. Export Regulation. The App may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the United States.
14. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the United States Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other United States Government licensees and their contractors.
15. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina in each case located in the City of Charleston, Charleston County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This provision shall survive any termination of this Agreement.
17. LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS PROVISION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
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Last modified: June 27, 2017
Logan Street Ventures LLC, a South Carolina limited liability company ("Company" or "We"), respects your privacy and desires to protect it through compliance with this policy. This policy describes:
· The types of information we may collect or that you may provide when you purchase, download, install, register with, access, or use the Conveyr News App and the Conveyr Lite News App (collectively, the "App").
· Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in the App and in email, text, and other electronic communications sent through or in connection with the App.
This policy DOES NOT apply to information that:
· We collect offline or on any other Company apps or websites, including websites you may access through the App.
· You provide to, or is collected by, any third party.
Our websites and apps, and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Children Under the Age of 13
The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at the email address below.
Information We Collect and How We Collect It
We collect information from and about users of the App:
· Directly from you when you provide it to us.
· Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use the App, we may ask you provide information:
· By which you may be personally identified, such as your email address ("personal information").
· That is about you but individually does not identify you.
This information includes:
· Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use, and using, the App and sharing content from the App. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App.
· Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Your article/focus preferences on the App.
You may provide information to be published or displayed ("Posted") on public areas of websites you access through the App or otherwise (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
· Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, geographic location data, logs, and other communication data and the resources that you access and use on or through the App.
· Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
· Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device.
· Location Information. If you so elect, the App collects real-time information about the location of your device in order to provide local/regional news information where available and third party location specific advertisements.
If you do not want us to collect this information, do not download the App, delete it from your device, or opt out of location tracking. Note, however, that opting out of the App's collection of location information will cause its location-based features to be disabled.
Information Collection and Tracking Technologies
The technologies we use for automatic information collection may include:
· Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of the App.
· Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
Third-Party Information Collection
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
· Advertisers, ad networks, and ad servers.
· Analytics companies.
· Your mobile device manufacturer.
· Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use the App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
· Provide you with the App and its contents, information and services, and any other information, products or services that you request from us.
· Fulfill any other purpose for which you provide it.
· Give you notices about your account.
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
· Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
· Deliver in-App advertising.
The usage information we collect helps us to improve the App and to deliver a better and more personalized experience by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about your preferences, allowing us to customize the App according to your individual interests.
· Recognize you when you use the App.
We use location information we collect to provide local/regional news information where available and third party location specific advertisements.
We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us at the email address below.
We may use the information we collect to display advertisements to our advertisers' target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
In addition, we may disclose personal information that we collect or you provide:
· To our subsidiaries and affiliates.
· To contractors, service providers, and other third parties we use to support our business and who are bound to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets or equity, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the App users is among the assets transferred.
· To third parties to market their products or services to you if you have not opted out of these disclosures.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
· When you share a news article via the App.
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
· To enforce our rights arising from any contracts entered into between you and us, including the App License Agreement.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
· Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
· Promotion by the Company. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out by sending us an email stating your request to the email address below.
· Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements (not including advertisements in the App itself) according to our advertisers' target-audience preferences, you can opt-out by sending us an email stating your request to the email address below .
· Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes (not including advertisements in the App itself), you can opt-out by stating your request to the email address below. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed hereby.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the email address below.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. We cannot guarantee the security of your personal information transmitted through the App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
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