AGREEMENT TO THESE TERMS OF SERVICE
This Terms of Service is a legal contract between you and Apps By M (“Apps By M“, “we“, “our“), governing your use of mobile software or web services or web software (“Who's Looking”) owned, controlled or offered by Apps By M. PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING WHO'S LOOKING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING WHO'S LOOKING IMMEDIATELY.
You acknowledge and agree that this contract is only between you and Apps By M and not any of Apps By M’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to Who's Looking, Apps By M, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained Who's Looking from one of Apps By M’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to Who's Looking.
1. LICENSE GRANT
Who's Looking is licensed to you and not sold. Subject to the terms of this agreement, Apps By M grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use Who's Looking solely for your personal or internal business purposes. You may use Who's Looking on any mobile device legally under your control, for your personal or internal business use. You will retain all ownership rights in User Data (as defined below) that you transfer to Apps By M to email on your behalf.. When you submit User Data to Apps By M, you hereby grant to Apps By M, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through our website on your behalf solely for the purpose of providing data to you via email. With respect to any open source or third-party code that may be incorporated in Who's Looking, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
2. RESERVATION OF RIGHTS
Who's Looking and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Apps By M or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to Who's Looking is granted to you, whether by implication, estoppel or otherwise.
You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce Who's Looking; (b) modify, adapt, translate or create any derivative works of Who's Looking or attempt to do the foregoing; (c) attempt to circumvent or disable Who's Looking or any technology, features or measures in Who's Looking by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for Who's Looking; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose Who's Looking to any third party; (f) use for a service bureau or otherwise commercialize or attempt to commercialize use of Who's Looking; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on Who's Looking or used in connection with Who's Looking.
4. USER DATA AND LOCATION DATA
When using Who's Looking, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the ” Guidelines“), which are also hereby incorporated by reference into this Agreement.
6. MODIFICATION OF THIS AGREEMENT
Apps By M may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the whoslooking.appsbym.com site, and you agree to be bound by any changes to the Terms of Service when you continue to use Who's Looking after those changes are posted.
7. PAYMENT TERMS; REFUNDS
We offer both a restricted free version (“Free”) with a limited set of features, and a paid version (“Pro”) with additional features. In the event you choose to purchase Pro for Who's Looking, you will be billed one time either through your credit card (“Credit Card Billing”) or through your wireless device operator (“Operator Billing”). If you have questions or problems, you can contact us at email@example.com.
Refunds will be handled on a case-by-case basis. Refunds will only be granted if there is an issue with the additional features of Pro and after the user has followed troubleshooting procedures. Refunds will not be granted if there is an issue with Free features of the app.
8 . USAGE RULES; PROHIBITED CONDUCT & USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use Who's Looking for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
2. remove, circumvent, disable, damage or otherwise interfere with security-related features of Who's Looking, features that prevent or restrict use or copying of any content accessible through Who's Looking, or features that enforce limitations on use of Who's Looking;
3. intentionally interfere with or damage operation of Who's Looking or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
4. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
5. use any robot, spider, scraper or other automated means to access Who's Looking for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Who's Looking or modify Who's Looking in any manner or form, nor to use modified versions of Who's Looking, including (without limitation) for the purpose of obtaining unauthorized access to Who's Looking.
9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
Who's Looking may include links to other web sites or services solely as a convenience to Users. Apps By M does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. Apps By M disclaims all liability relating to your use of such linked sites.
10. GOVERNMENT END USERS.
If Who's Looking is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of Who's Looking 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.
11. EXPORT CONTROL.
Who's Looking originates in the United States, and is subject to United States export laws and regulations. Who's Looking 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, Who's Looking 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 Who's Looking.
12. CONSUMER RIGHTS
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit Apps By M to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.
13. DISCLAIMERS; NO WARRANTIES
Who's Looking AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH Who's Looking ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Apps By M, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Apps By M AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Who's Looking WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT Who's Looking OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT Who's Looking WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.
14. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold harmless Apps By M, its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of Who's Looking, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Apps By M reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
15. LIMITATION OF LIABILITY AND DAMAGES
TO THE EXTENT PERMITTED BY APPLICABLE LAW, Apps By M OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF Who's Looking, EVEN IF Apps By M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL Apps By M’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING Who's Looking DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.