End-User License Agreement (EULA) of Checkd IN™ App
This End-User License Agreement ("EULA") is a legal
agreement between you and Checkd IN™App.
This EULA agreement governs your acquisition and use of
our Checkd IN™App software ("Software") directly from Checkd IN™App or indirectly through Checkd IN™ App authorized reseller or
distributor (a "Reseller").
Please read this EULA agreement carefully before completing the
installation process and using the Checkd IN™Application. It provides a
license to use the Checkd IN™App software and contains warranty
information and liability disclaimers.
If you register for a free trial of the Checkd IN™App, this
EULA agreement will also govern that trial. By clicking "accept" or
installing and/or using the Checkd IN™App, you are confirming your
acceptance of the Application and agreeing to become bound by the terms of this
EULA agreement.
If you are entering into this EULA agreement on behalf of a
company or other legal entity, you represent that you have the authority to
bind such entity and its affiliates to these terms and conditions. If you do
not have such authority or if you do not agree with the terms and conditions of
this EULA agreement, do not install or use the Software, and you must not
accept this EULA agreement.
This EULA agreement shall apply only to the Application supplied
by Checkd IN™App herewith regardless of whether other software is
referred to or described herein. The terms also apply to any Checkd IN™App updates,
supplements, Internet-based services, and support services for the Software,
unless other terms accompany those items on delivery. If so, those terms apply.
This EULA was created by EULA Template for the Checkd IN™App.
License Grant
Checkd IN™App hereby grants you a personal,
non-transferable, non-exclusive license to use the Checkd IN™App software
on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Checkd IN™App software
(for example a PC, laptop, or mobile) under your control. You are responsible
for ensuring your device meets the minimum requirements of the Checkd IN™App software.
You are not permitted to:
·
Edit, alter, modify, adapt, translate or otherwise change the
whole or any part of the Software nor permit the whole or any part of the
Software to be combined with or become incorporated in any other software, nor
decompile,
·
disassemble or reverse engineer the Software or attempt to do
any such things
·
Reproduce, copy, distribute, resell or otherwise use the
Software for any commercial purpose
·
Allow any third party to use the Software on behalf of or for
the benefit of any third party
·
Use the Software in any way which breaches any applicable local,
national or international law
·
use the Software for any purpose that Checkd IN™App considers
is a breach of this EULA agreement
Intellectual Property and Ownership
Checkd IN™App shall at all times retain ownership of the
Software as originally downloaded by you and all subsequent downloads of the
Software by you. The Software (and the copyright, and other intellectual
property rights of whatever nature in the Software, including any modifications
made thereto) are and shall remain the property of Checkd IN™App.
Checkd IN™App reserves the right to grant licenses to use
the Software to third parties.
Termination
This EULA agreement is effective from the date you first use the
Software and shall continue until terminated. You may terminate it at any time
upon written notice to Checkd IN™App.
It will also terminate immediately if you fail to comply with
any terms of this EULA agreement. Upon such termination, the licenses granted
by this EULA agreement will immediately terminate and you agree to stop all
access and use of the Software. The provisions that by their nature continue
and survive will survive any termination of this EULA agreement.
Governing Law
This EULA agreement, and any dispute arising out of or in
connection with this EULA agreement, shall be governed by and construed in
accordance with the laws of us.
Terms and Conditions
Agreement
Between User and (Checkd IN™App)
Welcome
to the (Checkd IN™App). The (Checkd IN™App) app is comprised of various web pages
operated by (Checkd IN™App). (Checkd IN™App) is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of (Checkd IN™App)
constitutes your agreement to all such terms. Please read these terms
carefully, and keep a copy for your reference.
Privacy
Your
use of (Checkd IN™App) is subject to Checkd IN™App Privacy Policy. Please review
our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic
Communications
Visiting
(Checkd IN™App) or sending emails to (Checkd IN™App) constitutes electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications that we
provide you electronically, via email, and on the website and app satisfy any
legal requirement that such communications be in writing.
Your
Account
If you
use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or
password. You may not assign or otherwise transfer your account to any other
person or entity. You acknowledge that (Checkd IN™App) is not responsible for
third-party access to your account that results from theft or misappropriation
of your account. Checkd IN™App and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content at our sole
discretion.
Children
Under Thirteen
If you
are under the age of thirteen (13), you must ask your parent or guardian for
permission to use this app. If you are a parent and you have questions
regarding our data collection practices, please review the Privacy Policy and
contact us using the information provided at the end of this agreement.
Links
to Third-Party Sites/Services
Checkd IN™App may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of (Checkd IN™App), and Checkd IN™App is not
responsible for the contents of any Linked Sites or changes and updates to a
Linked Site. Checkd IN™App is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Checkd IN™App of the site or any association with its operators.
No
Unlawful or Prohibited Use/Intellectual property
You are
granted a non-exclusive, non-transferable, revocable license to access and use Checkd IN™App strictly in accordance with these terms of use. As a condition of use of
the Site, you warrant to Checkd IN™App that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or on
interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All
content included as part of the Service, such as text, graphics, logos, images,
as well as the compilation thereof, and any software used on the Site, is the
property of Checkd IN™App or its suppliers and protected by copyright and other
laws that protect intellectual property and proprietary rights. You agree to
observe and abide by all copyright and other proprietary notices, legends, or
other restrictions contained in any such content and will not make any changes
to it.
You
will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in the whole or in part, found on the Site. Checkd IN™App content
is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content. In particular, you will not delete
or alter any proprietary rights or attribution notices in any content. You will
use protected content solely for your personal use and will make no other use
of the content without the express written permission of Checkd IN™App and the
copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Checkd IN™App or our licensor except as expressly
authorized by these Terms.
Use of
Communication Services
The
Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and other message or communication
facilities designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services"). You agree to
use the Communication Services only to post, send, and receive messages and
material that are proper and related to the particular Communication
Service.
By way
of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by
intellectual property laws ( or by rights of privacy and publicity) unless you own
or control the rights thereto or have received all the necessary consents;
upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any purpose,
unless such Communication Service specifically allows such messages; conduct or
forward surveys, contests, pyramid schemes or chain letters; download any file
posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded; restrict or inhibit any other user
from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others, including
e-mail addresses, without their consent; violate any applicable laws or
regulations.
Checkd IN™App has no obligation to monitor the Communication Services. However, Checkd IN™App reserves the right to review materials posted to a Communication Service
and remove any materials at its sole discretion. Checkd IN™App reserves the
right to terminate your access to any of the Communication Services at any time
without notice for any reason whatsoever.
Checkd IN™App reserves the right at all times to disclose any information necessary to
satisfy any applicable law, regulation, legal process, or governmental request,
or to edit, refuse to post, or remove any information or materials, in whole or
in part, in Checkd IN™App sole discretion.
Always
use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Checkd IN™App does not
control or endorse the content, messages, or information found in any Communication
Service, and therefore, Checkd IN™App specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts have not
authorized Checkd IN™App spokespersons, and their views do int necessarily
reflect those of Checkd IN™App.
Materials
uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction, and dissemination. You are responsible for adhering to
such limitations if you upload material.
Materials
Provided to Checkd IN™App or Posted on Any Checkd IN™App.
Checkd IN™App does not claim ownership of the materials you provide to Checkd IN™App
(including feedback and suggestions) or post, upload, input, or submit to any Checkd IN™App or our associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing, or submitting your Submissions,
you are granting Checkd IN™App, our affiliated companies, and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet business including, without limitation, the rights to copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No
compensation will be paid with respect to the use of your Submission as
provided herein. Checkd IN™App is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time at Checkd IN™App sole discretion.
By
posting, uploading, inputting, providing, or submitting your Submission, you
warrant and represent that you own or otherwise control all the rights to your
Submission as described in this section, including, without limitation, all the
rights necessary for you to provide, post, upload, input or submit the
Submissions.
International
Users
The Service is controlled, operated, and administered by Checkd IN™App from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Checkd IN™