End User License Agreement
Updated: 15th July 2016
This End User License Agreement (“Agreement”) is between you and Spry Sprite LLC (“we,” “us” or “our”) and governs use of our iOS app (“SparkleDate”) made available through the Apple App Store. By installing the SparkleDate App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the SparkleDate App. In order to ensure SparkleDate provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” features found in the App. This Agreement may be revised or updated at any time and we encourage you to check back often to ensure that you are familiar with the most recent version and the terms of this Agreement.
1. Parties
This Agreement is between you and Spry Sprite LLC only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Spry Sprite LLC, not Apple, is solely responsible for the SparkleDate App and its content.
2. Privacy
Your use of SparkleDate App is also subject to our Privacy Policy. www.sprysprite.com/sparkledate-privacypolicy
3. Limited License
Spry Sprite LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the SparkleDate App for your personal, non-commercial purposes. You may only use the SparkleDate App on Apple devices that you own or control and as permitted by the App Store Terms of Service. This Agreement will also govern any software updates provided by us that will replace or supplement the original version of the SparkleDate App.
4. Age Restrictions
By using the SparkleDate App, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; (b) your use of the SparkleDate App does not violate any applicable law or regulation. Your access to the SparkleDate App may be terminated without warning if SparkleDate believes, in its sole discretion, that you are under the age of 18 years.
5. Objectionable Content Policy
Objectionable Content may not be submitted to the SparkleDate App, we may moderate content and ultimately decide whether or not to block a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, discriminatory, slanderous, racist, sexist, embarrassing, harmful, harassing, threatening, abusive, offensive, untrue, political, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. OUR MANAGEMENT OF THIS APP/USER MISCONDUCT
6.1 Our App Management
We may, but are not required to: (a) monitor or review SparkleDate for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any content, submissions, materials or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (d) manage SparkleDate in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the SparkleDate App.
6.2 Our Right to Terminate/Block Users
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF SPARKLEDATE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
6.3 Risk of Harm
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post or submit to this App (including without limitation your geo location) and that you give to other App users. Other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this App. We expect that you will use caution and common sense when using this App.
7. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPARKLEDATE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPARKLEDATE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE SPARKLEDATE APP ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPRY SPRITE LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SPARKLEDATE APP 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPRY SPRITE LLC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SPARKLEDATE APP , THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SPARKLEDATE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SPARKLEDATE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SPARKLEDATE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPRY SPRITE LLC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SPARKLEDATE APP 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.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SPRY SPRITE LLC 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 OR INABILITY TO USE THE SPARKLEDATE APP , HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SPRY SPRITE LLC 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 SPRY SPRITE LLC’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.
9. Third Party Intellectual Property Claims
Spry Sprite LLC shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the SparkleDate App. To the extent Spry Sprite LLC is required to provide indemnification by applicable law, Spry Sprite LLC, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the SparkleDate App or your use of it infringes any third party intellectual property right.
10. Access
Use of the SparkleDate App does not include the provision of a mobile device or other necessary equipment to access it. To use the SparkleDate App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
11. Reproduction
You agree not to reproduce, duplicate, copy or re-sell the SparkleDate App or any part of the SparkleDate App.
12. Services
Third Party Materials. The SparkleDate App may enable access to SPRY SPRITE LLC’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
13. Export
You may not use or otherwise export or re-export the SparkleDate App except as authorized by United States law and the laws of the jurisdiction in which the SparkleDate App was obtained. In particular, but without limitation, the SparkleDate App 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 list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SparkleDate App, 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, missiles, or chemical or biological weapons.
14. U.S. Government End-Users
The SparkleDate App 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.
15. Assignment
You may not assign your rights under this Agreement to any third party; we may assign your rights under this Agreement without condition.