Terms & Conditions
General. Aftermath Data, LLC (“Aftermath”) requires cellular connection with data services to function and may not be monitored by 911 in the United States or emergency services in other countries. User accepts all risk and liability associated with app and service use.
Ownership. The “Services” include the access and use of Aftermath‘s proprietary emergency management application software (the “Application”) and related web services. The Services are owned and operated by Aftermath. Aftermath 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.
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 Aftermath’s 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 Aftermath’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 Aftermath 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.
You shall not e-mail, upload, post or otherwise make available through the Services any material protected by the copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Aftermath’s policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Aftermath throughout the universe. By submitting material to Aftermath, you automatically grant, or warrant that the owner of such material has expressly granted Aftermath, 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, sublicense 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 Aftermath and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that Aftermath 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 3 are for the benefit of Aftermath, 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.
Equipment. Unless you have contracted with Aftermath 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.
Advisory Caution, Disclaimer of Warranty; Limitation of Liability.
THE SERVICES PROVIDED BY AFTERMATH 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.
USA 911 or international emergency services are not affiliated with Aftermath Data, LLC (“Aftermath”) 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.
Users agreed and accept that there is no insurance provided to compensate for injury or loss resulting from the use of the Aftermath app or services. Workers comp is not provided.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER AFTERMATH, 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.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. Additionally, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Aftermath IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL AFTERMATH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN THE PREVIOUS TWELVE MONTHS FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
Posting and Removal. Aftermath shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. Aftermath does not have an obligation to review posted material on the Services, and Aftermath cannot assure that the material will either be appropriate or appropriately expressed. Aftermath cannot publish all material submitted to the Services. The choice of which material is selected for the Services is at the sole discretion of Aftermath and cannot be disputed. Without limiting the foregoing, Aftermath shall have the right to remove any material, user account or access that Aftermath, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification. You agree to defend, indemnify, and hold harmless Aftermath 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) your use of the Services, (b) the content of any materials you submit, (c) any violation of any law or regulation by you, and (d) this agreement.
Trademarks. All other trademarks appearing on the Services are the property of Aftermath or their respective owners.
Viruses. Aftermath 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.
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. Aftermath 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.
Changed Terms. Aftermath has the right at any time to change or modify the terms and conditions applicable to use of the Services, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, or by electronic or conventional mail, or by any other means. Any use of the Services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
Links. The Services may incorporate links to other Web sites. Aftermath does not in any way endorse, nor is it responsible for, the content on those other Web sites.
Non-Compete. You agree not to build, create, consult or advise others on the content of the Aftermath 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 you.
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.
Choice of Venue. 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 You or End User will be in a court in HILLSBOROUGH COUNTY in the state of Florida. Disputes will be resolved in court or through arbitration at Aftermath’s discretion. You agree to pay reasonable legal fees, court costs, interest at the average annual percentage rate generally published online, and collection fees as allowed by law. Court costs and other legal expenses shall be incurred by You. The burden of proof is on You for all claims. NEITHER PARTY NOR ANY AFFILIATES OR ASSIGNEE SHALL HAVE THE RIGHT TO OFFSET THIS AGREEMENT, OR ANY WARRANTY OR OTHER CLAIMS THAT ARISE UNDER THIS AGREEMENT OR OTHERWISE.
iOS Licensed Application & End User License Agreement
Refer to Apple’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.
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
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.
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 Newsstand.
Aftermath may use tools or third party analytical software to automatically collect and use certain non-personal data that does not directly enable Aftermath to identify you. The types of non-personal data Aftermath 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 Aftermath to enhance the Services and other Aftermath products and services.
Aftermath may use and disclose to Aftermath’s partners and contractors the collected non-personal data for purposes of analyzing usage of the Services, advertisement serving, managing and providing the Services and to further develop the Services and other Aftermath services and products.
You recognize and agree that the analytics companies utilized by Aftermath may combine the information collected with other information they have independently collected from other services or products relating to your activities. These companies collect and use information under their own privacy policies.
Likely situations when you make personal data available to Aftermath include, but are not limited to: (i) registration for Services, contests, and special events; (ii) subscribing to newsletters; (iii) requesting technical support; and (iv) alerts and notifications (v) otherwise through use of Aftermath Services where personal data is required for use and/or participation.
The types of personal data may vary depending on the type of activity you are engaged in. The personal data Aftermath may collect, process and use may include, but are not limited to your name, screen/nickname, e-mail address, phone number, skills, resources, media, photo or other images, birthdate, sex, address, credit card information, shipping information; and location (only if directly identifiable to you, otherwise Aftermath treats location as non-personal data).
Aftermath 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 Aftermath services and products. Aftermath may combine non-personal data with personal data.
Aftermath may use your personal data to send messages to you with informative and/or commercial content about Aftermath’s services or third party products and services Aftermath thinks may be of interest to you, such as new features and services, special offers and updated information.
Aftermath 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 you or Aftermath to legal liability. Aftermath may also disclose your personal data to third parties when Aftermath has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Aftermath’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Aftermath believes that such disclosure is necessary to protect Aftermath’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Aftermath.
- Cookies and tracking. The Services may use “cookies” and other technologies such as pixel tags, clear GIFs, and web beacons. Aftermath treats information collected by cookies and similar technologies as non-personal data. E-mails and other electronic communications Aftermath sends to you may contain code that enables Aftermath to track your usage of the communication, including whether the communication was opened and/or what links were followed (if any). Aftermath may combine that information with other information Aftermath has about you and Aftermath may use that information to improve the Services and/or provide customized communications to you.
- Third Party Terms and Conditions. Please note that your access to and use of the Services may be subject to certain third party 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. You recognize and agree that Aftermath is not liable for any such third party terms and conditions and their use of your personal data.
Aftermath may in its discretion make available links through advertisements or otherwise enable you to access third party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Aftermath. Aftermath 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 Aftermath is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
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:
- Definition of Confidential Information and Exclusions.
- “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.
- 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).
- Obligations Regarding Confidential Information.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Applicable Law
- 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.