Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service)
Subject to these Terms, WebEtc LLC grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair WebEtc servers or networks;
- attempts to gain unauthorized access to a WebEtc computer network;
- attempts to gain unauthorized access to WebEtc.’ user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
WebEtc LLC reserves he right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application, that WebEtc LLC reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate and submit content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges, represents and agrees that s/he owns or has the necessary licenses, rights, consents and permissions to use and authorize WebEtc to use all User-Generated Content, including but not limited to all copyright or other proprietary rights in and to any and all User-Generated Content necessary to utilize such content as set forth herein.
User grants WebEtc the right to use the User Generated Content, including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content, and grant WebEtc a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed. User unconditionally and irrevocably waives and agrees not to assert any moral rights s/he may have in having the material. User further grants WebEtc a non-exclusive, worldwide, royalty-free license to use his/her name in connection with the User Generated Content, and to use the User Generated Content for any and all purposes, including without limitation advertising and promotional purposes, without additional compensation.
User agrees that s/he will not: (a) submit materials that are subject to protection under any applicable copyright, trademark or trade secret, or that are otherwise subject to third-party rights, unless User is the owner of such rights, or has the express permission of the owner of such rights to post such material and to grant all of the rights granted herein; (b) submit any User Generated Content that violates the rights of any person or entity, including but not limited to the rights of privacy or publicity of any person; (c) submit User Generated Content that is unlawful, obscene, defamatory, threatening, harassing, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law, or that is unduly dangerous; or (d) submit User Generated Content that impersonates another person.
Information WebEtc Collects
User-Provided Information. User provides personally identifying information (that is, information which may allow someone to identify User, including but not limited to his/her name, address, telephone number, email address, and date of birth) (hereinafter, “Personal Information” email, city of residence, name and surname) when User registers for a member account with the App. In making a decision whether to provide Personal Information, User should be aware of the general risks of transmitting information. WebEtc has implemented appropriate safeguards to help prevent unauthorized access, maintain data security, and make proper use of the information it collects. However, no transmission of data is guaranteed to be completely secure. Thus, while WebEtc attempts to prevent unauthorized persons from accessing or tampering with the Site or accessing your Personal Information, it cannot guarantee that these efforts will be successful.
How WebEtc Uses User Information
Other. WebEtc may use certain information about Users and/or your User Generated Content internally for purposes such as analyzing how the App is used, diagnosing service or technical problems, maintaining security, and personalizing content. WebEtc reserves the right, but has no obligation, to monitor the information and materials posted on the App
How WebEtc Shares Information
Non-Personally Identifiable Information. WebEtc may use non-personally identifiable information for any purpose, and may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with interested third parties to help them understand the usage patterns on the App.
WebEtc is committed to protecting the privacy of children. For that reason, it does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to post to the App or to register to receive emails. . No one under the age of 13 is allowed to provide any Personal Information to us or on the Site. In the event that WebEtc learns that it has collected Personal Information from a child under age 13 without verification of parental consent, it will delete that information as quickly as possible.
California Privacy Rights
Personal information submitted at the time of submission may be used for third-party marketing and promotional purposes only with your permission. Whenever you allow us to collect Personal Information, we provide you with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by clicking on the link below:
Digital Millennium Copyright Act (DMCA) - Infringement Notification
WebEtc has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If WebEtc removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any users (including terminating their login and password) and/or block access to the Site of any users who repeatedly infringe the copyrights of others.
To file a notice of infringement, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the copyrighted work that you believe has been infringed.
- Detailed identification of the material you claim infringes this copyrighted work.
- Information reasonably sufficient to permit WebEtc to contact you (e-mail address is preferred).
- The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Your signature.
Send the Infringement Notification to the following address:
By email: firstname.lastname@example.org
By mail: CoolCities, 945 Fifth Avenue, 16D, New York10021, NY.
Digital Millennium Copyright Act (DMCA) - Counter Notification
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.
To file a counter notification, you must provide us with a written notice that includes each of the following items:
- Detailed identification of the material WebEtc has removed.
- Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Fairfield County, Connecticut if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Your signature.
Send the Counter Notification to the following address:
By email: email@example.com
By mail: CoolCities, 945 Fifth Avenue, 16D, New York10021, NY.
User agrees to indemnify and hold harmless WebEtc, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. WebEtc reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
WEBETC IS PROVIDING THE APPLICATION AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WEBETC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WEBETC OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. WEBETC, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall WebEtc, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of New York, United States of America, without regard to New York’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in the City of New York, State of New York, United States of America and the federal courts in the United States District Court for the Southern District of New York, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of WebEtc to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
WebEtc reserves the right to change or modify these Terms or any other WebEtc terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of WebEtc shall have any legal effect as a waiver by WebEtc of any Terms of this Agreement.
Third Party Beneficiary
User agrees that WebEtc’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this User Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
If you have any questions regarding our privacy practices, you can email us at firstname.lastname@example.org