Terms and Conditions

The information listed is collectively the “Terms and Conditions” you are agreeing to when you use the app or any related service.

1. Terms and Conditions
2. General Release and Waiver of Liability
3. iOS Licensed Application and End User License Agreement
4. Android Licensed Application and End User License Agreement
5. Privacy Policy
6. Non-Disclosure Agreement

 

Terms & Conditions

This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the App (as defined below).  User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Should you have any questions relating to any agreement, please contact us at Aftermath Data, LLC, (PubSafe mobile app) 2604 Cypress Ridge Blvd, Suite 101 Wesley Chapel, FL 33544.

1. Definitions. For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:

(a) “App” shall mean the Company’s (as defined below) PubSafeTM app.

(b) “Company” shall mean Aftermath Data, LLC, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.

(c) “Agreement” shall have the meaning defined above.

(d) “Released Parties” shall mean the Company and any other User of the App or Organization providing services related to the App.

(e) “Update(s)” shall have the meaning set forth below.

(f)  “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.

1. License.  Subject to the terms of this Agreement, Company grants User a limited, non-exclusive, and nontransferable license to download, install, and use the App for use by User consistent with the App’s intended purposes. Company may update the Agreement from time to time which requires the User to agree to continue to use the App. The “Services” include the access and use of Company proprietary emergency management application software (the “Application”) and related web services. Company has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services.

2. Privacy Policy. By using any of the Services, you are agreeing to the terms of Company Privacy Policy herein.

3. 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) User may receive notice of or be prompted to download and install available Updates.  User 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 be subject to all terms and conditions of this Agreement.

4. Restrictions on Use. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Company express prior approval, you shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Services. Any conduct by you that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted.

The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the contents of the Services are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.

By submitting material to Company, User automatically grants, or warrants that the owner of such material has expressly granted Company, its subsidiaries, its affiliates, its contractors, and its licensees the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate, perform, edit, transmit, reformat, sub-license and distribute such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by Company and other authorized parties; User agrees to allow use of Users name and city on the services and in publicity or advertising without compensation; and User understand and agree that Company shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.

The foregoing provisions of this Section 4 are for the benefit of Company, its subsidiaries, affiliates and its third party content providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5. Likeness Release.  User hereby irrevocably permits, authorizes, grants, and licenses Company and its affiliates, successors, and assigns, the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use User’s name, image, likeness, appearance, voice, audio recording, video recording, and all materials created by or on behalf of Company that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created for any purpose without further consent from or royalty, payment, or other compensation to me.

5. Equipment. Unless you have contracted with Company to the contrary, you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.

6. Advisory Caution. THE SERVICES PROVIDED BY COMPANY ARE ADVISORY ONLY AND NOT FOR EMERGENCY OR SAFETY-OF-LIFE PURPOSES. YOU ARE URGED TO UTILIZE AND CONSULT ALTERNATE INFORMATION SOURCES PRIOR TO MAKING SAFETY RELATED DECISIONS.

7. Disclaimer of Warranties. THE APP IS PROVIDED TO USER”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 APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, 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 APPLICATION WILL MEET USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE 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 USER.

8. Limitation of Liability. USER EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT USERs SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES.

TO THE EXTENT NOT OTHERWISE WAIVED OR RELEASED, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES OR THEIR 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;  (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 THE RELEASED PARTIES WERE 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.

9. Posting and Removal. Company shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. Company does not have an obligation to review posted material on the Services, and Company cannot assure that the material will either be appropriate or appropriately expressed. Company cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of Company and cannot be disputed. Without limiting the foregoing, Company shall have the right to remove any material, user account or access that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Indemnification. User agrees to defend, indemnify, and hold harmless Company and its suppliers, officers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out, relating to or in connection with (a) Users use of the Services, (b) the content of any materials User submits, (c) any violation of any law or regulation by User, and (d) this agreement.

11. Trademarks. All other trademarks appearing on the Services are the property of Company or their respective owners.

12. Viruses. Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

13. Export Control. Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Company does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.

14. Links. The Services may incorporate links to other websites. Company does not in any way endorse, nor is it responsible for, the content on those other websites.

15. Non-Compete. User agrees not to build, create, consult or advise others on the content of the Company app in an effort to create a competing product or service using similar logic, methods, formulas, and design for a period of three (3) years from the date of the last update installed by User.

16. Omissions. Clerical errors or omissions do not void the entire agreement. The agreement shall remain in effect even if a provision is excluded for any reason.

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 APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

18. 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. Conflicts in any terms herein any Company agreement share be enforced at the sole discretion of the Company.

19. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Georgia 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 Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in Atlanta and Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Entire Agreement. The listed agreements constitute the entire agreement between User and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

GENErAL Release AND WAIVER OF LIABILITY

User General Release and Waiver of Liability

This General Release and Waiver of Liability (the “release”) releases other users, third party organizations, government agencies and employees, Aftermath Data, LLC, PubSafe app (the “App”) and each of its directors, officers, employees, and agents (the “Parties)”.

This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the App (as defined below).  User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE RELEASE AND WAIVER OF LIABILITY. IF YOU DO NOT AGREE TO THE RELEASE AND WAIVER OF LIABILITY, DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES. Should you have any questions relating to any agreement, please contact us at Aftermath Data, LLC, (PubSafe mobile app) 2604 Cypress Ridge Blvd, Suite 101 Wesley Chapel, FL 33544.

1. Definitions. For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:

(a) “App” shall mean the Company’s (as defined below) PubSafeTM app.

(b) “Company” shall mean Aftermath Data, LLC, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.

(c) “Agreement” shall have the meaning defined above.

(d) “Released Parties” shall mean the Company and any other User of the App or Organization providing services related to the App.

(e) “Update(s)” shall have the meaning set forth below.

(f)  “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.

USA 911 or international emergency services are not affiliated with Aftermath Data, LLC (“Company”) or any products and services. User acknowledges this fact and that no person or entity may respond at all, and someone may respond who is unqualified which may lead to property damage, injury, or death, which is solely the responsibility and liability between the User and the responder and has nothing to do with Aftermath. Aftermath in no way determines the qualifications or competency of app users. Users agree to hold individuals and organizations harmless under Good Samaritan, emergency response and disaster declaration laws of the respective jurisdiction.

1. Waiver and Release. The User, releases and forever discharges and hold harmless all Parties and successors and assigns from any and all liability, claims, and demands of whatever kind of nature, either in law or in equity, which arise or may hereafter arise from the services provided by Parties. User understand and acknowledge that this Release discharges Parties from any liability or claim that User may have against Parties with respect to bodily injury, personal injury, illness, death, or property damage that may result from the services User provides to Parties or occurring while User is providing service to others.

2. Insurance. Further I understand that Parties does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance. User expressly waives any such claim for compensation or liability on the part of Parties beyond what may be offered freely by Parties in the event of injury or medical expenses incurred by me. User agrees that maximum compensation for physical injury, pain and suffering of any actual or perceived detriment to the User, will not exceed that paid for the mobile application.

3. Medical Treatment. I hereby Release and forever discharge all Parties from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my tenure as a User with Parties.

4. Assumption of Risk. I understand that the services I provide to Parties may include activities that may be hazardous to me including, but not limited to search and rescue or relief involving inherently dangerous activities. As a User, I hereby expressly assume risk of injury or harm from these activities and Release Parties from all liability.

5. Other. By using the App and related services, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of the Defendant and that this Release shall be governed by and interpreted in accordance with the laws of the State and County of the Defendant. I agree that if any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected.

 

Privacy Policy

READ THE ENTIRE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW). 

This is a binding agreement between User (as defined below) and Company (as defined below). This Agreement governs your use of the App (as defined below).  User ACKNOWLEDGES THAT USER HAS READ AND UNDERSTANDs THIS AGREEMENT; BY INSTALLING, USING, REGISTERING TO OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT INSTALL, USE, REGISTER TO OR OTHERWISE ACCESS THE SERVICES.

1. Definitions. For the purpose of this Agreement (as defined below), the following terms shall have the following meanings:

(a) “App” shall mean the Company’s (as defined below) PubSafeTM app.

(b) “Company” shall mean Aftermath Data, LLC, its affiliates, and their respective owners, members, managers, directors, officers, employees, and agents.

(c) “Agreement” shall have the meaning defined above.

(d) “Released Parties” shall mean the Company and any other User of the App.

(e) “Update(s)” shall have the meaning set forth below.

(f)  “User” shall mean you, your heirs, successors, assigns, trustees, personal representatives, and anyone acting on your behalf.

2. General. Company and its subsidiaries respect the privacy rights of our users and are committed to protecting the information collected through its online products, online services, applications and websites (together “Services”). Company has adopted this privacy policy (“Privacy Policy”) to explain how Company collects, stores, and uses the information collected in connection with Company services.

Should you have any questions relating to this Privacy Policy, please contact us at Aftermath Data, LLC, (PubSafe mobile app) at 2604 Cypress Ridge Road, Suite 101 Wesley Chapel, FL 33544.

Company reserves the right to modify this Privacy Policy at reasonable times, so please review it frequently. If Company makes material or significant changes to this Privacy Policy, Company may post a notice on Company website and mobile app along with the updated Privacy Policy. Your continued use of Services will signify your acceptance of the changes to this Privacy Policy.

3. Ad Serving Technology. Company reserves the right to use and disclose the collected non-personal data for purposes of advertisement by Company or Company partners and contractors. Company may employ third party ad serving technologies that use certain methods to collect information as a result of ad serving through Services. Company or third parties operating the ad serving technology may use demographic and location information, as well as information logged from your hardware or device to ensure that appropriate advertising, is presented within the Service. Company or third parties may collect and use data for this purpose including, but not limited to IP address (including for purposes of determining your approximate geographic location), UDID, software, applications, hardware, browser information, internet and on-line usage information and application information. The foregoing data may be used and disclosed in accordance with this Privacy Policy and the privacy policy of the company providing the ad serving technology.

4. Non-Personal Data. For purposes of this Privacy Policy, “non-personal data” means information that does not directly identify the user. Additionally, non-personal data means “aggregate” and “de-personalized” information, which Company collects about the use of Company Services, from which any personally identifiable data has been removed.

Company may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Company to identify User. The types of non-personal data Company may collect and use include, but are not limited to: (i) device properties, including, but not limited to unique device identifier or other device identifier (“UDID”); (ii) device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data such as zip code, area code and location; (v) other non-personal data as reasonably required by Company to enhance the Services and other Company products and services.

Likely situations when users make personal data available to the Company include, but are not limited to: (i) data collected during registration or in User profile, services, contests, and special events; (ii) subscribing to newsletters; (iii) requesting technical support; and (iv) alerts and notifications (v) posting media (vi) location data (vii) or data otherwise collected through use of Company services where personal data is required for use and/or participation.

Company may use collected personal data for purposes of analyzing usage of the Services, providing customer and technical support, managing and providing Services (including managing advertisement serving) and to further develop the Services and other Company services and products. Company may combine non-personal data with personal data.

Company may use your personal data to send messages with informative and/or commercial content about Company services or third party products and services Company thinks may be of interest to you, such as new features and services, special offers and updated information.

Certain features of the Services may be able to connect to User social networking sites to obtain additional information about User. In such cases, Company may be able to collect certain information from your social networking profile when Users social networking site permits it, and when User consents to allow a social networking site to make that information available to Company. This information may include, but is not limited to, User name, profile picture, gender, user ID, email address, User country, your language, User time zone, the organizations and links on User profile page, the names and profile pictures of User social networking site “friends” and other information User has included in social networking site profile. Company may associate and/or combine as well as use information collected by Company and/or obtained through such social networking sites in accordance with this Privacy Policy. Connected data will not be sold to other parties with any personally identifiable data. 

User recognizes and agrees that the analytic and advertising companies who deliver ads for Company may combine the information collected with other information they have independently collected from other services or products. These companies collect and use information under their own privacy policies. These ad serving technologies may be integrated into Services; if you do not want to be subject to this technology, do not use or access Services. Although the Company takes commercially reasonable steps to instruct such advertising companies to comply with the terms and conditions of this Privacy Policy, the Company does not have access to or control of third-party technologies.

5. Disclosure and Transfer of Personal Data. Company collects and processes personal data on a voluntary basis and it is not in the business of selling users personal data to third parties. Personal data may, however, occasionally be disclosed in accordance with applicable legislation and this Privacy Policy. Additionally, Company may disclose personal data to its parent companies and its subsidiaries in accordance with this Privacy Policy.

Company may hire agents and contractors to collect and process personal data on Company behalf and in such cases, such agents and contractors will be instructed to comply with our Privacy Policy and to use personal data only for the purposes for which the third party has been engaged by the Company. These agents and contractors may not use your personal data for their own marketing purposes. Company may use third party service providers such as credit card processors, e-mail service providers, shipping agents, data analyzers and business intelligence providers. Company has the right to share personal data as necessary for the aforementioned third parties to provide their services for Company. Company is not liable for the acts and omissions of these third parties, except as provided by mandatory law.

Company may disclose your personal data to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose User or Company to legal liability. Company may also disclose User personal data to third parties when Company has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Company’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Company believes that such disclosure is necessary to protect Company’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Company.

6. Data Retention. Company retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter if the collected data is no longer needed for purposes specified in this Privacy Policy, Company deletes all aforementioned data in its possession. Company does not verify the correctness of personal data. Even if data is changed or deleted, Company may still retain some of the data to resolve disputes, enforce Company user agreements, and comply with technical and legal requirements and constraints related to the security, integrity, and operation of Services.

7. Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Company treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Company sends to you may contain code that enables Company to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Company may combine that information with other information Company has about User and Company may use that information to improve the Services and/or provide customized communications to User.

8. Third Party Terms and Conditions. Please note that User access to and use of the Services may be subject to certain third arty terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, online gaming platforms, social networking services and payment providers. User recognizes and agrees that Company is not liable for any such third party terms and conditions and their use of User personal data.

 Company may in its discretion make available links through advertisements or otherwise enable User to access third party products or services. Please note that, while using such products or services, users are using products or services developed and administered by people or companies not affiliated with or controlled by the Company. The Company is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Company is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.

9. Safeguards. Company follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in Company possession. Only those persons with a need to process User personal data in connection with the fulfillment of their tasks in accordance with the purposes of this Privacy Policy and for the purposes of performing technical maintenance have access to your personal data in Company possession. Personal data collected by Company is stored in secure operating environments that are not available to the public. However, no system can be 100% secure and there is the possibility that despite Company reasonable efforts, there could be unauthorized access to User personal data. By using the Services, User assumes this risk.

10. Other. Company may disclose User personal data to third parties in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Company stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process provided, however, that this Privacy Policy shall continue to govern such personal data.

Android Licensed Application & End User License Agreement

Google Play Terms of Service

February 5, 2018

For most current terms visit: https://play.google.com/intl/en_us/about/play-terms.html

1. Introduction

Applicable Terms. Thanks for using Google Play. Google Play is a service provided by Google LLC (“Google”“we” or “us”), located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. Your use of Google Play and the apps (including Android Instant Apps), games, music, movies, books, magazines, or other digital content or services (referred to as “Content”) available through it is subject to these Google Play Terms of Service and the Google Terms of Service (“Google ToS“) ( together referred to as the “Terms”). Google Play is a “Service” as described in the Google ToS. If there is any conflict between the Google Play Terms of Service and the Google ToS, the Google Play Terms of Service shall prevail.

2. Your Use of Google Play

Access to and Use of Content. You may use Google Play to browse, locate, view, stream, or download Content for your mobile, computer, tv, watch, or other supported device (“Device”). To use Google Play, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software. The availability of Content and features will vary between countries and not all Content or features may be available in your country. Some Content may be available to share with family members. Content may be offered by Google or made available by third-parties not affiliated with Google. Google is not responsible for and does not endorse any Content made available through Google Play that originates from a source other than Google.

Age Restrictions. In order to use Google Play, you must have a valid Google account (“Google Account”), subject to the following age restrictions. If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use Google Play and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Google Play. Family managers and family members must meet these additional requirements as well.

Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and Google Play.

Updates. Google Play, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Such Updates may be necessary in order for you to use Google Play or to access, download, or use Content. By agreeing to these Terms and using Google Play, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content via Settings in Google Play. If it is determined, however, that the Update will fix a critical security vulnerability related to the Content, the Update may be completed irrespective of your Update settings in Google Play or your Device. If another app store attempts to update Content that was initially downloaded from Google Play, you may receive a warning or such updates may be prevented entirely.

Information about You. Google’s privacy policies explain how we treat your personal data and protect your privacy when using Google Play. Google may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.

If you are part of a family group on Google Play, your family members in the family group will be able to see certain information about you. If you are the family manager of a family group on Google Play, family members you invite to join the family group will see your name, photo, and e-mail address. If you join a family group as a family member, other family members will be able to see your name, photo, and e-mail address. Your family manager may also see your age and will see a record of all purchases you make using the designated family payment method, including a description of the Content purchased. If Content is available for family sharing and you share it with your family group, then all family members will be able to access the Content and see that you purchased it.

Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Google Play or of any user of other Google Services via Google Play, including account names.

Disabled Accounts. If Google disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing Google Play, your account details or any files or other Content that is stored with your account. See the Help Center for more information. If you are the family manager of a family on Google Play and Google disables access to your account, your family members may lose access to family features requiring a family group, such as a family payment method, family subscriptions, or Content shared by family members. If you are a family member of a family on Google Play and Google disables your account, your family members will lose access to Content you have shared with them.

Malware protection. To protect you against malicious third party software, URLs, and other security issues, Google may receive information about your Device’s network connections, potentially harmful URLs, the operating system, and apps installed on your Device through Google Play or from other sources. Google may warn you if it considers an app or URL to be unsafe, or Google may remove or block its installation on your Device if it is known to be harmful to devices, data or users. You can choose to disable some of these protections in the settings on your Device, however, Google may continue to receive information about apps installed through Google Play, and apps installed on your Device from other sources may continue to be analyzed for security issues without sending information to Google.

Android Instant Apps. When you click on a link on your Device, Google Play may check if an applicable instant app exists and, if so, open the link within the instant app. Any code needed to run the portions of the instant app you access will be downloaded to your Device and kept on it temporarily. App details for an instant app can be found in the Google Play store. Android Instant Apps data and settings are synced to devices signed in with your Google account. You can choose to disable Android Instant Apps in the settings on your Device.

Changes to these Terms. If the Terms change, you will be given at least 30 days notice, and the new Terms will be effective after such notice period. Your continued use of Google Play following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased or installed and terminate your use of the Google Play. You may continue to view that copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.

3. Purchases and Payments

Free Content. Google may allow you to download, view or use Content free of charge on Google Play. Additional limitations may apply to your access and use of certain free Content.

Purchase of Content. When you buy Content on or using Google Play you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be either:

(a) Google LLC; or

(b) provider of the Content (the “Provider”), including where Google LLC is acting as an agent for the Provider.

The separate sale contract is in addition to these Terms.

For sales where Google is acting as an agent for the Provider, the statement, in the Google ToS, that the Google ToS “do not create any third party beneficiary rights”, does not apply to your use of Google Play.

Your contract for the purchase and use of Content is completed once you receive the email from Google confirming your purchase of that Content, and performance of this contract begins as soon as the purchase is complete.

Pre-orders. When you place a pre-order for Content, your contract for the purchase and use of that item is completed when the Content is made available to you, and you will be charged for the purchase at that time. You can cancel your pre-order at any time up to the point at which the Content becomes available to you. We will need to cancel your pre-order if the Content is withdrawn from sale through Google Play before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled.

Family Payment Method. If you are the family manager of a family group on Google Play, you will be required to set up a valid family payment method for your family members to use to purchase Content on Google Play and within apps. You will be responsible for all of your family members’ purchases of Content using the family payment method. If a family group is deleted, or a family member leaves the family group, you may be charged for pending purchases made by family members using the family payment method.

Google Payments. In order to purchase Content through Google Play, you must have a Google Payments account and agree to the Google Payments Terms of Service. The Google Payments Privacy Notice applies whenever you purchase Content using a Google Payments account. You are responsible for all amounts payable associated with purchases made through Google Play on your Google Payments account.

Other Payment Processing Methods. Google may make available to you various payment processing methods in addition to Google Payments to facilitate the purchase of Content through Google Play. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Google Play.

Eligibility for Carrier Billing. In order to determine your eligibility to have purchases of Content that you make through your Devices billed to your network provider’s account, when you create a Google Play account on a Device, we will send identifiers of your Device, e.g., subscriber ID and SIM card serial number, to your network provider. To permit this you will need to accept the network provider’s terms of service. The network provider may send us your billing address information. We will hold and use this information in accordance with Google’s Privacy Policies and Google Payments Privacy Notice.

Pricing. Pricing and availability of all Content displayed through Google Play are subject to change at any time prior to purchase.

Taxes. “Taxes” means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If the seller of Content or Google is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of Google Play or the purchase of Content on or through Google Play. The reporting and payment of any such applicable Taxes are your responsibility.

All Sales Final. See Google Play’s Refund Policy for more information about your rights to withdraw, cancel, or return purchases for a refund. Except as expressly set out in Google Play’s Refund Policies or the refund policies of the Provider, all sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.

Subscriptions. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period.

(a) Trials Periods. When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.

(b) Cancellations. You may cancel a subscription at any time before the end of the applicable billing period as described in the Help Center, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, except as otherwise provided in Google Play’s Refund Policy (for example where Content is defective). Google Play Newsstand subscriptions: You will continue to receive Content and Updates (if applicable) of the relevant subscription during the remainder of the current billing period. After that billing period ends, you will retain access to previously delivered magazine issues, but your access to paid news content will terminate at the end of the billing period during which your subscription is cancelled. If you cancel during the free trial period, you will retain access to the magazine issues that you access during a free trial period, but you will not retain access to news content. Google Play Music subscriptions: If you cancel your Google Play Music subscription, you will continue to have access to Google Play Music subscription Content during the remainder of the current billing period; however, your access will terminate at the end of the billing period during which your subscription is cancelled. If you cancel your Google Play Music subscription during a free trial period, you will not retain access to the Google Play Music subscription Content that you accessed during a free trial period.

(c) Reductions for Print Subscribers. Some Providers of periodicals may allow you to purchase a subscription of periodical Content on Google Play at a reduced rate if you are already a print subscriber. If you cancel your print subscription of that periodical or your print subscription expires and you do not renew it, your reduced subscription rate of that Content on Google Play will be cancelled automatically.

(d) Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, Google will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, Google may cancel your subscription unless you agree to the new price. If your subscription is cancelled and you later decide to re-subscribe, you will be charged at the then current subscription rate.

4. Rights and Restrictions

License to Use Content. After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title and interest in Google Play and Content not expressly granted to you in the Terms are reserved. Your use of apps and games may be governed by the additional terms and conditions of the end user license agreement between you and the Provider.

Violation of License Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and Google may terminate your access to Google Play, the Content or your Google Account without refund to you.

Restrictions: You may not:

  • display (in part or in whole) the Content as part of any public performance or display even if no fee is charged except (a) where such use would not constitute a copyright infringement or violate any other applicable right or (b) as specifically permitted and only in the exact manner provided.
  • sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign any Content to any third party including with regard to any downloads of Content that you may obtain through Google Play except as specifically permitted and only in the exact manner provided.
  • use Google Play or any Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Content that is presented to you in streaming format.
  • use Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner provided.
  • attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to any Content or Google Play.
  • remove any watermarks, labels or other legal or proprietary notices included in any Content, or attempt to modify any Content obtained through Google Play, including any modification for the purpose of disguising or changing any indications of the ownership or source of Content.

Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to Google are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

Play Policies. Posting reviews on Google Play is subject to the following policies. If you want to report abuse or other content violations, click here.

Defective Content. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Provider as soon as reasonably possible if you find any errors or defect. See the Google Play Refund Policy for more information.

Removal or Unavailability of Content. Subject to the Terms, Content that you purchase or install will be available to you through Google Play for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as Google has the right to make such Content available to you. In certain cases (for example if Google loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Google may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by Google LLC, you may be given notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, Google may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If Google issues you a refund, the refund shall be your sole remedy.

Multiple Accounts. If you have multiple Google Accounts with different user names, in some cases you may transfer Content out of an account and into another account, provided you are the owner of each such account and provided Google has enabled a feature of the relevant service allowing such transfers.

Limits on access on Devices. Google may from time to time place limits on the number of Devices or software applications you may use to access Content. Please visit our Google Play Music help center page or the Google Play Movies & TV Usage Rules for more information about these limits for Google Play Music or Google Play Movies & TV.

Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.

Google Play Movies & TV. For additional details and restrictions regarding your access and use of Google Play Movies & TV, see the Google Play Movies & TV Usage Rules.

Google Play Music

Google Play allows you to browse, preview, stream, purchase, download, recommend and use a variety of digital music and music-related content such as music files, music video files, previews, clips, artist information, user reviews, professional third-party music reviews and other digital content (“Music Products“).

Stored Content. You can use Google Play to store digital content (such as music files, related metadata and album art) in Music Storage through the Music Software, as each is defined below (“Stored Content“). For the avoidance of doubt, “Music Products” do not include Stored Content. Stored Content may include both files that you upload directly to Music Storage or files that Google “scans and matches” to files stored locally on your Device.

Music Locker Services. Google Play may provide you with access to (a) server space that you can use to store music and associated data files, including Music Products and Stored Content (“Music Storage“) or (b) software applications (including web, desktop and mobile applications) and related services that allow you to upload, manage, access and play music through Music Storage (“Music Software“). Music Storage and Music Software are collectively referred to in these Terms as the “Music Locker Service“.

Use of Music Locker Services. By storing Music Products and Stored Content in Music Storage, you are storing a unique copy of such Content and requesting Google to retain it on your behalf and to make it accessible to you through your account on Google Play. By using the Music Locker Services, you are requesting that Google make all of the necessary functions and features of the Music Locker Services available to you in order to facilitate your use of Music Products and Stored Content. You understand that Google, in performing the required technical steps at your direction to provide you with the Music Locker Services, may (a) transmit Music Products and Stored Content over various networks and in various media and (b) make such changes to Music Products and Stored Content as necessary to conform and adapt it to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to Google that you have the necessary rights to store in Music Storage any Stored Content that you direct Google to upload or store in Music Storage, and to instruct Google to perform the actions described in this section.

Other Google Subscription Services. Your use of Google Play and any Google Play music subscription product is governed solely by these Terms, and not the terms of any other Google product, including any other Google product through which you receive access to a Google Play music subscription.

Google Play Books. The Google Play Privacy Policy for Books describes how we treat personal and certain other information generated by your use of Content that is books.

Google Play Newsstand.

Information Google Shares with Periodical Publishers. If you purchase a periodical subscription of any length on Google Play, Google may share your name, email address, mailing address and a unique identifier with the periodical’s publisher. As a subscriber to the periodical, Google may also share your reading history within the periodical with the publisher of that periodical. Google has agreed with the periodical publisher that the periodical publisher will use this information in accordance with the publisher’s privacy policy. You will be provided the opportunity to opt out of any communications from the publisher that do not relate to the subscription you are purchasing, and to opt out of marketing communications from third parties, at the time you purchase your subscription. If you purchase a single issue of a magazine on Google Play, Google may provide your postal code to the magazine’s publisher. We also provide periodical publishers with sales information on periodical purchases.

Verifying Print Subscriptions. If you are accessing a subscription on Google Play Newsstand through an existing print subscription from that periodical’s publisher, we may ask a third party service provider to verify your print subscription with the periodical publisher, and we may ask you for certain information relating to your print subscription in order to do so. Google will use this information in accordance with the Google’s Privacy Policy.

iOS Licensed Application & End User License Agreement

Refer to Aftermath Data’s website for the most up to date agreement.

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.

d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION 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, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term 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 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Non-Disclosure Agreement
This mutual Non-Disclosure Agreement (the “Agreement”) is made and entered into as of the date information is access online as identified by IP address or otherwise, between Aftermath Data, LLC both individually and as an organization if applicable, collectively the Parties. This agreement is entered into by the action of the user by viewing the contents of the website provided.

IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED IN THIS AGREEMENT AND THE DISCLOSURE OF CONFIDENTIAL INFORMATION, BOTH PARTIES HERETO AGREE AS FOLLOWS:

  1. Definition of Confidential Information and Exclusions.
    1. “Confidential Information” means nonpublic information that either Party designates as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Parties. “Confidential Information” includes, without limitation, information in tangible or intangible form relating to and/or including released or unreleased software or hardware products, the marketing of promotion of the other Party’s product(s), business policies or practices, application code, methodologies, manufacturers, distributors, dealers, independent sales reps, pricing information, hardware construction and capabilities, software code and functionality and information received from others that either Party is obligated to treat as confidential. Except as otherwise indicated in this Agreement, Parties also include all Affiliates. An “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, control, are controlled by, or are under common control with a Party.
    2. Confidential Information shall not include any information, however designated, that: (i) is or subsequently becomes publicly available without one Party’s breach of any obligation owed to the other Party; (ii) became known to the Parties prior to disclosure of such information to Recipient pursuant to the terms of this Agreement; (iii) became known to the Parties from a source other than the other Party in the breach of an obligation of confidentiality; (iv) is independently developed by the Parties independently before this agreement and can be substantiated in writing; or (v) constitutes Feedback (as defined in Section 5).
  2. Obligations Regarding Confidential Information.
    1. The Parties shall: (i) Refrain from disclosing any Confidential Information to third parties for two (2) years following the date the Party first discloses such Confidential Information to the other Party, except as expressly provided in Sections 2(b) and 2(c) of this Agreement; (ii) Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information; (iii) Refrain from disclosing, reproducing, summarizing and/or distributing Confidential Information except in pursuance of the Parties’ business relationship with the each other, and only as otherwise provided hereunder; and (iv) Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed, except as expressly permitted by applicable law.
    2. Either Party may disclose Confidential Information in accordance with a judicial or other governmental order, provided that other Party either (i) gives the undersigned representative reasonable notice prior to such disclosure to allow a reasonable opportunity to seek a protective order or equivalent, or (ii) obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation. Notwithstanding the foregoing, parties shall not disclose any computer source code that contains Confidential Information in accordance with a judicial or other governmental order unless it complies with the requirement set forth in sub-section (i) of this Section 2(b).
    3. The undersigned parties may disclose Confidential Information only to employees and consultants on a need-to-know basis. The undersigned will have executed or shall execute appropriate written agreements with its employees and consultants sufficient to enable it to comply with all the provisions of this Agreement.
    4. Disclosing Party shall notify the undersigned representative immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement and its employees and consultants, and will cooperate in every reasonable way to help regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.
    5. Either Party, upon reasonable request shall, return all originals, copies, reproductions and summaries of Confidential Information and all other tangible materials and devices provided as Confidential Information, or certify destruction of the same.
  3. Remedies
    1. Parties acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that parties shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
  4. Miscellaneous
    1. All Confidential Information is and shall remain the property of the disclosing party. By disclosing Confidential Information Parties do not grant any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. Parties’ reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secrets except as otherwise provided herein.
    2. Information that is related to this agreement which is prior knowledge of either party and is provided to the other party must be disclosed as such in writing or email with proof of receipt, within five (5) days of the date of the agreement. After this period information provided will fall under the terms of this agreement and be considered confidential and not generally known prior to divulgence.
    3. In the event that any computer software and/or hardware is provided as Confidential Information under the terms of this Agreement, such computer software and/or hardware may only be used for evaluation and providing Feedback (as defined in Section 5 of this Agreement). Unless otherwise agreed upon, all such computer software and/or hardware is provided “AS IS” without warranty of any kind, and Parties agree that neither Party nor suppliers shall be liable for any damages whatsoever arising from or relating to the use or inability to use such software and/or hardware.
    4. The Parties agree to comply with all applicable international and national laws that apply to (i) any Confidential Information, or (ii) any product (or any part thereof), process or service that is the direct product of the Confidential Information, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
    5. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. It shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed by both parties. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence, the Parties, their agents, or employees, but only by an instrument in writing signed by an authorized representative. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.
    6. This Agreement shall be binding upon and inure to the benefit of each Party’s respective successors and lawful assigns; provided, however, that Parties may not assign this Agreement (whether by operation of law, sale of securities or assets, merger or otherwise), in whole or in part, without the prior written approval of the other Party. Any purported assignment in violation of this Section shall be void.
    7. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  5. Applicable Law
    1. This Agreement shall be governed by and enforced in accordance with the laws of the State of Florida, USA WITHOUT REGARD TO ITS CONFLICTS OF LAWS and VENUE [jurisdiction] of any dispute INVOLVING [between] Aftermath Data, LLC. and Recipient or End User will be in a court in HILLSBOROUGH COUNTY in the state of Florida. The burden of proof of payment or any other burden of proof shall be on the Recipient. NEITHER PARTY NOR ANY AFFILIATED COMPANY OR ASSIGNEE SHALL HAVE THE RIGHT TO OFF SET THIS AGREEMENT, OR ANY WARRANTY OR OTHER CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.

Parties mutually that this agreement has the same rights and protections as an agreement physically signed.