By downloading the Licensed Application from Apple's software distribution platform ( "App Store" ) and Google's software distribution platform ( "Play Store" ) , and any update thereto (as
permitted by this License Agreement), You indicate that You
agree to be bound by all of the terms and conditions of this License Agreement, and that You accept
this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the
Services are not a Party to this License Agreement and are not bound by
any provisions or obligations with regard to the Licensed Application, such
as warranty, liability, maintenance and support thereof. Groove dates LLC , not the Services, is solely
responsible for the Licensed Application and the content
thereof.
TABLE OF CONTENTS
The Licensed
Application is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use this Licensed Application.
You may not use the Licensed Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2.2 This license will also govern any updates of
the Licensed Application provided by Licensor that replace, repair, and/or
supplement the first Licensed Application, unless a separate license is provided for such update, in
which case the terms of that new license will
govern.
2.3 You may not share or make the
Licensed Application available to third parties (unless to the degree
allowed by the Usage Rules, and with Groove dates
LLC 's prior written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed
Application.
2.4 You may not reverse engineer, translate, disassemble,
integrate, decompile, remove, modify, combine, create derivative works or
updates of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with Groove
dates LLC 's prior written
consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the
Licensed Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms
of this license , the Usage Rules, and any other
terms and conditions that apply to the device or software used. You may not
remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to
these copies at any time. If you sell your Devices to a third party, you
must remove the Licensed Application from the Devices before doing
so.
2.6 Violations of the obligations mentioned above, as well
as the attempt of such infringement, may be subject to prosecution and
damages.
2.7 Licensor reserves the right to modify the terms and
conditions of
licensing.
2.8 Nothing in this license should be interpreted to restrict
third-party terms. When using the Licensed Application, You must ensure
that You comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any
maintenance and support services for this Licensed Application. You can
reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed
Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically
collect and use technical data and related information about your device,
system, and application software, and peripherals, offer product support,
facilitate the software updates, and for purposes of providing other
services to you (if any) related to the Licensed Application. Licensor may
also use this information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally
identify you.
6. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe
the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary licenses , rights, consents, releases, and
permissions to use and to authorize us, the Licensed Application, and
other users of the Licensed Application to use your Contributions in any
manner contemplated by the Licensed Application and this License Agreement.
3. You have the written
consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each
and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
4. Your Contributions
are not false, inaccurate, or misleading.
5. Your Contributions
are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
6. Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous , slanderous, or otherwise
objectionable (as determined by us).
7. Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions
are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation,
or rule.
10. Your Contributions do not violate the privacy or publicity
rights of any third party.
11. Your Contributions do not violate
any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
12. Your Contributions
do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
13. Your Contributions
do not otherwise violate, or link to material that violates, any provision
of this License Agreement, or any applicable law
or regulation.
Any use of the Licensed Application in violation
of the foregoing violates this License Agreement and may result in,
among other things, termination or suspension of your rights to use the
Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the
Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any of
your social networking accounts, you automatically grant, and you represent
and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store,
cache, publicly display, reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising,
or otherwise, and to prepare derivative works of, or incorporate in other
works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and
you warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert
any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you
in any area in the Licensed Application. You are solely responsible for
your Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2)
to recategorize any Contributions to place them
in more appropriate locations in the Licensed Application; and (3) to
prescreen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
(i) product
liability claims;
(ii) any
claim that the Licensed Application fails to conform to any applicable
legal or regulatory requirement;
and
(iii) claims
arising under consumer protection, privacy, or similar legislation , including
in connection with Your Licensed Application’s use of the HealthKit and
HomeKit .
11. LEGAL COMPLIANCE
You represent and
warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a
"terrorist supporting" country; and that You are not
listed on any US Government list of prohibited or restricted
parties.
12. CONTACT INFORMATION
For general
inquiries, complaints, questions or claims concerning the Licensed
Application, please contact:
13. TERMINATION
The license is valid until terminated by Groove dates LLC or by You. Your rights under this
license will terminate automatically and
without notice from Groove dates LLC if You
fail to adhere to any term(s) of this license . Upon License termination, You shall stop all
use of the Licensed Application, and destroy all copies, full or partial,
of the Licensed Application.
In
Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party
beneficiaries of this End User License Agreement and — upon Your
acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to
have accepted the right) to enforce this End User License Agreement against You as a
third-party beneficiary thereof.
This License Agreement is governed by the laws
of the State of New
York excluding its conflicts of law
rules.
