Application End User License Agreement
- License Grant. Subject to the terms of this Agreement, CDG hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the OURPRIDE Software for one OURPRIDE Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use the OURPRIDE Services and software for your personal, noncommercial use. In order to use the OURPRIDE Software you must have a mobile device that is compatible with the OURPRIDE Software. CDG does not warrant that the OURPRIDE Software will be compatible with your mobile device.
- Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the OURPRIDE Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the OURPRIDE Software to any third party or use the OURPRIDE Software to provide time sharing or similar services for any third party; (iii) make any copies of the OURPRIDE Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the OURPRIDE Software, features that prevent or restrict use or copying of any content accessible through the OURPRIDE Software, or features that enforce limitations on use of the OURPRIDE Software; or (v) delete the copyright and other proprietary rights notices on the OURPRIDE Software.
- Software Upgrades. You acknowledge that CDG may from time to time issue upgraded versions of the OURPRIDE Software, and may automatically electronically upgrade the version of the OURPRIDE Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that CDG will not be liable to you for any such modifications.
- Open Source. With respect to any open source or third-party code that may be incorporated in the OURPRIDE Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
- Rights Reserved. The foregoing license grant under this Agreement is not a sale of the OURPRIDE Software or any copy thereof and CDG or its third party partners or suppliers retain all right, title, and interest in the OURPRIDE Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. CDG reserves all rights not expressly granted under this Agreement.
- Trademarks, Service Marks and Logos. The name of this web site is a service mark of CDG. No use of this mark shall be permitted except through the prior written authorization and permission CDG. All rights reserved.
- Government End Users. If this OURPRIDE Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the OURPRIDE Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
- Export Control. The OURPRIDE Software originates in the United States, and is subject to United States export laws and regulations. The OURPRIDE Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the OURPRIDE Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the OURPRIDE Software and the OURPRIDE Services.
- App Stores. You acknowledge and agree that the availability of the OURPRIDE Software is dependent on the third party from which you received the OURPRIDE Software, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and CDG and not with the respective App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the OURPRIDE Software from it. You agree to comply with, and your license to use the OURPRIDE Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
- Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using OURPRIDE Software downloaded from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to OURPRIDE Software from the Apple App Store.
- 10. Acknowledgement: CDG and you acknowledge that this Agreement is between CDG and you only, and not with Apple. CDG and not Apple, is solely responsible for OURPRIDE Software and the content thereof. To the extent this Agreement provides for usage rules for OURPRIDE Software that are less restrictive than the Usage Rules set forth for OURPRIDE Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
- Scope of License: The license granted to you for OURPRIDE Software is limited to a non-transferable license to use OURPRIDE Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: CDG is solely responsible for providing any maintenance and support services with respect to OURPRIDE Software, as specified in this Agreement (if any), or as required under applicable law. CDG and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to OURPRIDE Software.
- Warranty: CDG is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the OURPRIDE Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for OURPRIDE Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to OURPRIDE Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the CDG’s sole responsibility.
- Product Claims: CDG and you acknowledge that CDG, not Apple, is responsible for addressing any claims of you or any third party relating to OURPRIDE Software or your possession and/or use of OURPRIDE Software, including, but not limited to: (i) product liability claims; (ii) any claim that the OURPRIDE Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit LD’s liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: CDG and you acknowledge that, in the event of any third party claim that the OURPRIDE Software or your possession and use of the OURPRIDE Software infringes that third party’s intellectual property rights, LD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: The contact information for any end-user questions, complaints or claims with respect to OURPRIDE Software is, CDG, LLC, 3715 Leeds Drive, Suitland, MD 20746 email: firstname.lastname@example.org
- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the OURPRIDE Software.
- Third Party Beneficiary: CDG and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Terms of Access and Use
The following are terms of a legal agreement (“Agreement”) between you and The Garcons, LLC herein after (“CDG”). By accessing, browsing, downloading and/or otherwise using the Web Site, shannongarcon.com, or the OurPride mobile device software and application or any related mobile device or web services applications owned or controlled by CDG, (collectively the “OURPRIDE Services”), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. You must be 18 years of age or older (21 years of age in places where 18 years is not the age of majority) to use OURPRIDE Services and to register as a user. If we discover or have any reason to suspect that you are not over 18 years of age (21 years of age in places where 18 years is not the age of majority), then we reserve our right to suspend or terminate your membership or use of the OURPRIDE Services immediately and without notice.
If you do not agree to all of these terms and conditions, you may not access, browse and/or use OURPRIDE Services.
STATE OF NEW JERSEY INTERNET DATING SAFTEY ACT DISCLOSURE
IF YOU ARE A USER OR MEMBER COMING FROM THE STATE OF NEW JERSEY, WE ARE REQUIRED TO NOTIFY YOU THAT WE DO NOT CONDUCT CRIMINAL BACKGOUND CHECKS ON ANY USER, MEMBER OR PROSPECTIVE MEMBER.
The material provided on OURPRIDE Services is protected by law, including, but not limited to, United States copyright law, trademark and international treaties.
These terms of access apply to your access to and use of OURPRIDE Services and do not alter in any way the terms and conditions of any other agreement you may have with CDG for products, software, services or otherwise, unless otherwise directed by CDG . If you breach any of these terms and conditions, your authorization to use OURPRIDE Services automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to OURPRIDE Services.
- USE RESTRICTIONS
Copyright. All OURPRIDE Services materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the CDG Consulting © 2017, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display and use the materials on OURPRIDE Services for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on OURPRIDE Services for commercial use without prior written approval of CDG . You may not “mirror” any material contained on OURPRIDE Services on any other server without prior written permission from CDG . Any unauthorized use of any material contained on OURPRIDE Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks. The trademarks, service marks, trade names and logos (the “Trademarks”) used and displayed on OURPRIDE Services are registered and unregistered Trademarks of CDG . In addition, all page headers, custom graphics, icons and scripts are service marks, trademarks and/or trade dress of CDG , and may not be copied, imitated or used, in whole or in part, without the prior written permission of CDG . You acknowledge that the Trademarks used and displayed on OURPRIDE Services are and shall remain the sole property of CDG or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in OURPRIDE Services shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on OURPRIDE Services, without the express written permission of CDG or the Trademark owner. The misuse of the trademarks displayed on OURPRIDE Services, or any other Content on OURPRIDE Services, is strictly prohibited.
Hyperlinks. You are granted a limited, nonexclusive right to create a hypertext link to OURPRIDE Services provided that such link is to the entry page of OURPRIDE Services and does not portray CDG or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found on OURPRIDE Services, the Content of any text or the layout/design of any page or any form contained on a page without CDG ’s express written consent. Links to third party sites on OURPRIDE Services are provided solely as convenience to you. If you use these links, you will leave OURPRIDE Services. CDG has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their Content or their policies, including, without limitation, privacy policies or lack thereof. CDG does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to OURPRIDE Services, you do so entirely at your own risk. You acknowledge and agree that CDG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
Downloadable Materials. Any software, including codes or other materials that are made available to download including the OURPRIDE IOS or Android mobile applicaiton, is the copyrighted work of CDG and/or its suppliers and affiliates. If you download the OURPRIDE mobile application, use of the software is additionally subject to the license terms in the end user license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable end user license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable end user license agreement in the case of software, or the express written consent of CDG in the case of codes or other downloadable materials.
Limited Access. Except as otherwise expressly permitted by CDG , any access or attempt to access other areas of CDG computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to create profiles or user interactions, “screen scrape,” monitor, “mine,” or copy the Web pages on or the Content contained therein without CDG ’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of OURPRIDE Services for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of OURPRIDE Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on CDG ’s infrastructure.
Additional Use Restrictions. You shall not post, message, transmit, e-mail, re-transmit or store material on or through any of the OURPRIDE services provided by CDG which, in the sole judgment of CDG : (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other unauthorized photos or software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to your use of the OURPRIDE Services. In addition, you may only use the OURPRIDE Services in a manner that, in CDG ‘s sole judgment, is consistent with the purposes of such OURPRIDE Services. If you are unsure of whether any contemplated use or action is permitted, please contact CDG at email@example.com. By way of example, and not limitation, the following uses described below of the OURPRIDE Services are expressly prohibited:
- upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, sexually intolerant or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of user interaction, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the OURPRIDE Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- ‘stalk’ or otherwise harass another user of OURPRIDE Services or Company employee or official;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and
- effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
- advertising to, or soliciting any user of OURPRIDE Services to buy or sell any products or services through the unauthorized or impermissible use of the OURPRIDE Services. Conduct unauthorized research or create unauthorized profiles that promote or market products or services. You may not transmit any junk email or chain letters to other users. In order to protect our users from such advertising or solicitation, CDG reserves the right to restrict the number of emails which a user may send to another user in any 24-hour period to a number which CDG deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to CDG, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CDG $500 for each such unsolicited email, message or other unauthorized commercial communication you send to each user through the OURPRIDE Services.
- WARRANTY DISCLAIMER
CDG does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the OURPRIDE Services, nor does CDG endorse any opinions expressed by Users or others. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement and do not represent the views of CDG . OURPRIDE Services, including all software, functions, materials, and information are provided “as is” without warranties of any kind, either express or implied. CDG disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational Content. CDG does not warrant or make any representations regarding the operation of the OURPRIDE Services, the use, validity, accuracy or reliability of, or the results of the use of the materials on the OURPRIDE Services or any other sites linked to the OURPRIDE Services. The materials of the OURPRIDE Services may be out of date, and CDG makes no commitment to update the materials on OURPRIDE Services. CDG does not and cannot guarantee or warrant that the files available for downloading from the OURPRIDE Services, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. CDG does not warrant that the OURPRIDE Services, software, materials, products, or services will be uninterrupted or error-free or that any defects in the OURPRIDE Services, software, materials, products, or services will be corrected. The OURPRIDE Services are intended only as personal, location based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other application in which the failure or inaccurancy of that application or the OURPRIDE Services could lead directly to death, personal injury or server physical or property damage.
- LIMITATION OF LIABILITY
In no event will CDG , its Directors, Officers, Employees, Agents, Affiliates, or Content or Service providers or other third parties mentioned at or in the OURPRIDE Services be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of the OURPRIDE Services, any web sites linked to the OURPRIDE Services, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from the OURPRIDE Services results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
- REVISIONS TO THIS AGREEMENT
CDG may revise this Agreement at any time WITHOUT NOTICE BY UPDATING THIS POSTING. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the OURPRIDE Services, including but not limited to, content, features or hours of availability. We may also impose limits on certain features of the OURPRIDE Services or restrict your access to part or all of OURPRIDE Services without notice or penalty. By using the OURPRIDE Services you agree to be bound by any such revisions and should therefore periodically visit the OURPRIDE Services and these pages to determine the then current Terms of Access and Use conditions of use to which you are bound.
Any idea you transmit to or post on the OURPRIDE Services by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by CDG or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products. You are prohibited from posting or transmitting to or from the OURPRIDE Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.
- YOUR WARRANTIES
You warrant to CDG that:
- You are 18 years of age or older ( 21years in places where 18 years is not the age of majority) and all information and details provided by you to CDG (including on registration as a user or member) are true, accurate and up to date in all respects and at all times, and;
- You are the sole owner of all rights in the materials posted or uploaded by you (including all related copyrights) or that you have the absolute right to license their use as provided in this section. While you will retain ownership of the copyright in the materials posted or uploaded by you, you agree that all materials posted or uploaded by you shall become part of a database, and that CDG will own the compilation copyright in that database. In addition, you hereby grant CDG a perpetual, worldwide, irrevocable license to use, reproduce, modify, publish, publicly perform, publically display and distribute such materials, and portions of such materials and any derivative works created from such materials, in print, electronic and other media, by any means now known or developed in the future. We may sublicense all of our rights and licenses or assign them to third parties. Neither CDG nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
- You will comply with these Terms of Access and Use including, without limitation, the USE RESTRICTIONS set out in Section 1 above;
- You agree to indemnify and hold CDG harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your use and/or membership arising from any breach or suspected breach of these Terms of Access and Use by you or your violation of any law or the rights of any third party.
- ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION
CDG may take any or all of the following actions at our sole discretion:
- Remove any member profile (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be illegal, subject us to liability or which may violate these Terms of Access and Use or where required to do so by law;
- Issue members with verbal or written warnings and may take such further action as we deem appropriate if such warnings are not heeded;
- Suspend or terminate a member’s access to the the OURPRIDE Services or a member’s account without notice at any time;
- Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or bring legal action against a member or other user of the OURPRIDE Services in relation to any breach of these Terms of Access and Use or any illegal or suspected illegal activity.
- GOOD SAMARITAN CONTENT AND NOTICE OF CLAIMS OF INFRINGEMENT
- . We have provided opportunities for you to contribute Content to the OURPRIDE Services. It is our policy, however, not to allow any Content which may constitute intellectual property infringement; violations of federal, state, or local law; obscene or defamatory material, or may otherwise be unacceptable or inappropriate. Upon learning of such Content, we will attempt, and you hereby give CDG the right, to delete, edit, remove, disable, change, or restrict access to or the availability of the Content, which in our sole discretion, is otherwise unacceptable or objectionable. We may or may not notify you about what action we take with respect to the disputed Content. The provisions of this section are intended to implement this policy but are not in any way intended to impose a contractual obligation upon us to undertake, or refrain from undertaking, any particular course of conduct.
- Complaint Procedures. If you believe that another user or other third party has posted Content which violates this policy or specifically the Use Restrictions in Section 1 above, you may notify CDG as follows: (i) via e-mail at firstname.lastname@example.org; or (ii) via first class mail (or other nationally-recognized courier) at: Copyright Agent, The Garcons, LLC, 3715 Leeds Drive Suitland, MD 20746. In order to allow CDG to respond effectively, please provide CDG with as much information as possible in your e-mail or correspondence, including: (1) the nature of the right infringed or violated (including any applicable registration numbers of the federally-registered intellectual property allegedly infringed), if applicable, or the unacceptable or inappropriate Content; (2) all facts which lead you to believe that a right has been violated or infringed, if applicable; (3) the precise location where the offending Content is located; (4) any grounds to believe that the party or user which posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; (5) if known, the identity of the party or user who posted the infringing, offending, or inappropriate Content; and (6) in the case of alleged copyright infringement claims, information sufficient to identify the work and your claims to ownership.
- Indemnification/Waiver of Certain Rights. By contacting CDG and complaining of an alleged violation, you agree that the substance of your complaint shall constitute a representation made under the pains and penalties of perjury pursuant to the laws of the Commonwealth of Massachusetts. In addition, you agree, at your own expense, to defend and indemnify CDG and hold CDG harmless against all claims which may be asserted against CDG , and all losses incurred, as a result of your complaint and/or our response to it.
- Waiver of Claims and Remedies. We expect all users of the OURPRIDE Services to take responsibility for their own actions and cannot and do not assume liability for any acts of third parties which take place on the OURPRIDE Services. By utilizing the Good Samaritan procedures set forth herein, YOU WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU MIGHT OTHERWISE BE ABLE TO ASSERT AGAINST CDG UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE CONTENT ON THE OURPRIDE SERVICES OR OUR RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
- Investigation/Liability Limitation. You agree that we have the right, but not the obligation, to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, edit, disable or restrict access to or the availability of Content. We will not act on complaints that we believe, in our sole discretion, to be deficient, incomplete, or otherwise questionable. If you believe that Content remains on the OURPRIDE Services which violates your rights, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY RESPONSIBLE FOR SAID CONTENT, NOT AGAINST CDG . YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CDG SHALL BE TO TERMINATE YOUR USE OF THE OURPRIDE SERVICES.
Digital Millennium Copyright Act Compliance. As set forth in Subsection (b), you must contact our Copyright Agent in writing listed above, if you believe that a work protected by a U.S. Copyright which you own has been posted on the OURPRIDE Services without authorization or that the OURPRIDE Services, in some material way, contributes to its infringement. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use the OURPRIDE Services in an inappropriate or objectionable manner.
- SUBSCRIPTIONS AND FEES
While the standard service on OURPRIDE is free, additional data charges may apply to you depending on the data plan you have with your mobile carrier. Additional payment is required to upgrade to the OURPRIDE Pro version. If there is a charge associated with a portion of the OURPRIDE Services, you agree to pay that charge by accessing or using it. The price stated for the OURPRIDE Pro version may be denominated in your local currency by iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you download the OURPRIDE App (each, an “App Store”) on your device. Fees and charges are collected by the App Store on your mobile device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. CDG relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the OURPRIDE Services may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the OURPRIDE Services for non-payment could result in a loss of access to and use of your account and its content.
If you would like to buy the Pro Version of the OURPRIDE Services, you do this with in-app subscriptions from the App Store on your mobile device. You will be advised of the charge for the Pro Version of the OURPRIDE Services before making payment and being billed. You must make all payments through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the OURPRIDE Pro Version (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying for any amounts for services billed to your mobile device, debit or credit card or PAYPAL account by an App Store or third party who had access to these account, whether or not such amounts were authorized by you.
Subscriptions are managed by the App Store directly. CDG does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for either 7, 30, 90, 180, or 365 days. Payment will be charged to your App Store account at confirmation of purchase. If you have chosen an auto renew subscription plan, your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during your current active subscription period.
- COOPERATION WITH LAW ENFORCEMENT
CDG reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CDG to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using the OURPRIDE Services or any Content or materials available in, at, through or in association with the OURPRIDE Services in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CDG FROM ANY CLAIMS RESULTING FROM ANY ACTION BY CDG DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CDG OR LAW ENFORCEMENT AUTHORITIES
- APPLICABLE LAWS, VENUE, JURISDICTION
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CDG ’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CDG in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by CDG . This Agreement may not be assigned in any manner by you without the express, prior written permission of CDG .
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia notwithstanding any conflict of laws provisions. You and CDG agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Washington, DC. You and CDG further agree that in case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the District of Columbia (the “Washington, DC Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Washington, DC Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Washington, DC Courts represent the exclusive jurisdiction for all litigation relating to this Agreement.
- Compliance with California Civil Code – Section 1694-1694.4 :Chapter 2.1. Dating Service Contracts
Notwithstanding anything in these Terms of Access and Use, You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect.
This notice shall be sent to:
The Garcons, LLC 3715 Leeds Drive Suitland, MD 20746
The Garcons, LLC (“CDG”) owners of the ShannonGarcon.com web site and the OURPRIDE mobile app, collectively (“OURPRIDE”) is committed to respecting your privacy. We take reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to ensure that personal information is relevant for the purposes for which it is to be used. Because OURPRIDE is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries other than the one in which you reside. By using OURPRIDE you explicitly consent to such use and/or transfer of your information.
Please read the following policy to understand how your personal information will be treated. This policy may change from time to time. You are responsible for reviewing the policy so please check back periodically. This policy will let you know the following:
- What personally identifiable information is collected from me?
- What about other information including profile information?
- What are cookies, web beacons, persistent device identifiers, advertising identifiers and tracking pixels and how they are used by LD?
- How is my information used?
- Who is collecting my information?
- With whom will my information be shared?
- How can I access, update or delete my information?
- What does “opt-out” mean?
- What else should I know about my privacy?
- Other legal notices.
- What personally identifiable information is collected from me?
On some OURPRIDE mobile pages, you can create an account, make payments and requests and/or receive materials. The types of personal information collected at these pages may include your name, gender, age, e-mail address and standard contact information, including addresses and phone numbers and your user name.
- What about other information including profile information?
The name and profile of a user of the OURPRIDE mobile application as well as whether the user is online, may be visible to others. DO NOT INCLUDE INFORMATION IN YOUR PROFILE THAT YOU WANT TO KEEP PRIVATE. App users can use the search feature in the App to search for other users by different profile criteria. Understand that when you use the App, as a default, information about your distance from other users is public and other users of the App can see this information within your profile.
As a user of OURPRIDE you may voluntarily provide content and materials (such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) (“User Submissions”) to the Service. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when providing User Submissions. Before submitting content, please read our Terms Of Access And Use, and Profile Guidelines carefully.
We reserve the right to remove any such content for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms Of Access And Use, Profile Guidelines or End User License Agreement or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.
- What are cookies, web beacons, persistent device identifiers, advertising identifiers and tracking pixels and how they are used by CDG?
We automatically collect certain information to help us understand how you use OURPRIDE. Each time you use OURPRIDE we automatically collect your IP address (the Internet address of a computer), or mobile device address, browser and computer or device type, access times, the web page from which you came and the web page(s) you access. In addition, CDG may place Internet cookies on your hard drive or use tracking pixels embedded in our web pages. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies and tracking pixels are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of OURPRIDE; (c) we may also use this information to help target advertisements to you, either on OURPRIDE or other third party sites whom we partner with, based on user interests and behavior; (d) track your progress and entries in promotions, sweepstakes and contests, if any; and (e) measure certain traffic patterns for use as a research tool to understand how our users’ habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some Web pages may not display properly or you may not be permitted to access certain information.
CDG may also collect IP or device addresses to track a user’s session while the user remains anonymous. We analyze this data for certain trends in statistics, such as which features of OURPRIDE users are using and how much time they spend there.
Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page or in an email message for the purpose of transferring data. You can disable the ability of Web beacons to capture information by blocking cookies.
Persistent device identifiers are unique strings that are associated with the mobile device that you use to connect to the Service. Persistent device identifiers may be modified or disabled by sophisticated users.
Advertising identifiers are unique strings associated with your mobile device provided by the operating system. Advertising identifiers may be modified or disabled by users in the operating system settings.
Apple iOS and Google Android devices provide the ability for users to enable a “do not track” setting that disables your advertising identifier. If the “do not track” setting is disabled, we may record when a user installs the App, and whether or not this action was the result of a tap on an ad outside of the App. We may also run targeted advertising on third party applications via our advertising display partners. For users who have enabled the “do not track” setting in iOS or Android, this data will not be collected.
To enable the “do not track” setting on iOS, visit: http://support.apple.com/kb/HT4228
To enable the “do not track” setting on Android, visit: http://www.futureofprivacy.org/2013/11/15/android-kitkat-update-new-privacy-features/
- How is my information used?
CDG will not sell, rent or lease your personally identifiable information to others without your consent. The information you provide will be used to support your customer relationship with LD. Your information may be shared with agents, contractors or business partners for the purpose of performing services for LD.
We want to help you quickly find information on OURPRIDE and be alerted to specific offers, updated information, and other new products and services from LD. Accordingly, we may send you an e-mail to your external e-mail address about a special contest or promotion or about our various products and services or other products and services we feel may be of interest to you. If you do not want to receive such mailings, simply “opt-out” by the means provided for in the mailings or by contacting email@example.com.
Notwithstanding, CDG does research on our users’ demographics, interests and behavior based on the information provided to us during your use of OURPRIDE. This research is compiled and analyzed on an aggregated basis. Aggregated data does not include personally identifiable information. CDG may share this aggregated data with others.
- Who is collecting my information?
When you are on OURPRIDE and are asked for personally identifiable information, you are sharing that information with CDG alone, unless specifically stated otherwise. If data is being collected and/or maintained by any company other than CDG or an agent for LD, you will be notified prior to the time of the data collection or transfer. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service or purchasing those particular goods.
Please be aware that OURPRIDE advertisers or Web sites that have links on to OURPRIDE may collect personally identifiable information about you. The information practices of those web sites linked to OURPRIDE either through advertisements or other hyperlinks are not covered by this privacy statement.
- With whom does CDG share my information?
- How can I access, update or delete my information?
- What does “opt-out” mean?
To “opt-out” means that you have notified CDG that we no longer have permission to use your information for an enumerated particular purpose. For example, when we send you information on a new product to your external e-mail account, you will be given the opportunity to “opt-out” of receiving such information in the future.
- What else should I know about my privacy?
Third Party Internet sites and services accessible through the OURPRIDE have separate privacy and data collection practices, independent of us. CDG has no responsibility or liability for these independent policies or actions. Please be careful and responsible online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your information, CDG cannot ensure or warrant the security of any information through the transmission process and you do so at your own risk.
- Other Legal Notices.