Please read these terms and conditions of service carefully before you launch the hicup service. Your use of the hicup service indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not launch or otherwise use the hicup service.
USE OF SERVICE – AGE
The hicup service is only available for individuals aged 18 years and older. No one under the age of 18 is permitted to use the hicup service.
EXCESSIVE DATA USAGE CHARGES *** warning***
The use of the hicup service on your mobile device will require use of your data service. Depending on the plan you have with your cellular carrier, you could incur excessive data charges amounting to hundreds or thousands of dollars. You should check with your cellular carrier and determine how you will be charged for data usage. hicup is not responsible for your data usage and will not be responsible for excessive data charges that you may incur. You are responsible for any Internet connection, data or other fees assessed by your cellular carrier to access the hicup service via your wireless device, including any data plan charges, toll, out-of-area, roaming, or other wireless device connection charges.
THE hicup SERVICE
The hicup service allows you to use your wireless device or your computer to post content including your locations and activities throughout the day for access by members of your hicup network, and to use your wireless device or your computer to access the location and activity information posted by members of your hicup network. Content may include items such as your location, pictures, personal information, reviews, ratings, ideas, notes, concepts, or creative suggestions. The hicup service is available on your wireless device wherever your cellular service is available in the United States and Canada. Currently, the use of the hicup service is free of charge; however, JGDG reserves the right to charge for the service in the future. The hicup service is for your personal use only, and is not for resale or other transfer or disposition to any other person or entity. hicup should not be used or relied on as an emergency locator system or in connection with any hazardous environments requiring fail-safe performance or any other application in which failure or inaccuracy of that application or the hicup service could lead to death, personal injury or severe physical or property damage. You alone are responsible for your involvement with other users of the hicup service. JGDG reserves the right, but has no obligation, to monitor the exchanges between you and such other users. Furthermore, JGDG does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the hicup services. The hicup service delivers mapping data to you and the members of your network with Google Maps. The terms of service for Google Maps is available at http://www.google.com/intl/en_ALL/help/terms_local.html .
CONTENT AND INFORMATION
The hicup service allows the submission of content and materials (such as your location, pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users (“User Submissions”), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize JGDG to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the hicup services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the hicup services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
You understand that when using the hicup services you will be exposed to User Submissions from a variety of sources, and that hicup is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JGDG with respect thereto..
JGDG assumes no responsibility whatsoever in connection with or arising from User Submissions. JGDG assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time JGDG chooses, in its sole discretion, to monitor User Submissions, JGDG nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, JGDG does not endorse and has no control over the content of User Submissions submitted by other Users. JGDG makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, JGDG reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
CONTENT, LOCATION AND ACTIVITY INFORMATION OF YOU AND YOUR FRIENDS
For JGDG to provide the hicup service, JGDG will publish content and record location information that you post to the hicup application, and distribute such information to members of your network with the hicup service based upon the settings that you select. This includes using your submitted location information to publish your location on a map for access by members of your network. By using the hicup service, you authorize JGDG to record, compile, and distribute in the foregoing ways your location and activity information.
You own all of the content and information you post on hicup, and you can control how it is shared through your application settings. In addition, by submitting User Submissions to the hicup service, you hereby grant JGDG a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the hicup services and JGDG’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the hicup services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the hicup services a non-exclusive license to access your User Submissions through the hicup services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the hicup services and under this Agreement.
These license rights end when you delete your User Submissions or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
SAFE AND LAWFUL USE OF THE hicup SERVICE
You understand that the purpose of the hicup Service is to provide a safe, positive and personal means to share information and that the participants must act appropriately to achieve that objective. Therefore, you agree that you will:
• not use the hicup service if you are under 18 years old.
• not input data to the hicup service, or otherwise interact with the hicup service, while driving.
• not post information to the hicup service that you do not want shared with members of your network.
• not post to the hicup service messages or other materials with offensive, defamatory, pornographic, or other inappropriate content.
• not use the hicup service or any location and activity information received from the service to “stalk”, harass, abuse, defame, threaten or defraud other users.
• not post messages or other material to the hicup service that infringes on any intellectual property, privacy, or other right of a third party.
• not use the hicup service for any commercial or other non-personal use.
• not falsely claim an affiliation with any person or entity, or access the hicup service of another user.
• not share the password needed to access the hicup service from your wireless device with any third party while the hicup service is running and accessible, or encourage any other user to do so.
• not remove, circumvent, disable, damage or otherwise interfere with security-related or other features of the hicup service, or intentionally interfere with or damage the operation of the hicup service by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
• not use the hicup service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
• not use any robot, spider, scraper or other automated means to access the hicup services 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 the services or modify the services in any manner or form, nor to use modified versions of the services, including (without limitation) for the purpose of obtaining unauthorized access to the services
JGDG reserves the right to terminate your access to the hicup service at any time for any or no reason and without notice to you. You may terminate the hicup service at any time by removing the application from your wireless device. If you have any questions about how to do this, please contact JGDG by sending an email to firstname.lastname@example.org, or by clicking on the “Contact Us” link on the http://www.hicup.com website. Upon any termination of your hicup service, JGDG shall have no liability to you or any further obligations under this Agreement.
Subject to your compliance with the terms of this Agreement, JGDG hereby grants to you a personal, non-exclusive, non-transferable license to: (i) download or otherwise copy the hicup application onto your wireless device, and (ii) use the hicup application (in object code form only) on your wireless device in order to access and use the hicup service. This license shall terminate upon any termination of this Agreement, or upon any suspension, termination or cancellation of your access to the hicup service. You agree not to do any of the following:
• Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the hicup application, or any part thereof.
• Attempt to derive the source code, audio library or structure of the hicup application without the prior express written consent of JGDG.
• Remove from the hicup application, or alter, any of JGDG’s or its licensors’ trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
• Distribute, sublicense or otherwise transfer the hicup application to others.
The hicup application originates in the United States, and is subject to United States export laws and regulations. The hicup application 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 hicup application 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 hicup application and the hicup service.
hicup does not conduct background checks or make efforts or attempts to verify the information users post or make available in connection with the hicup service. To the fullest extent permissible pursuant to applicable law, in no event will JGDG or its licensors, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the hicup service. You are responsible for the entire risk arising out of your use of the hicup service. The hicup service and the hicup application are provided “as is” and without warranties of any kind, express or implied. JGDG disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
You understand and agree that the hicup application is downloaded to your wireless device at your own discretion and risk and that you will be solely responsible for any damages to your wireless device, or loss of data that results from the download of such software. JGDG does not warrant that the hicup service or the hicup application will not infringe on third party intellectual property rights. JGDG also does not warrant that your use of the hicup service will be uninterrupted or error-free. Rather, temporary interruptions of the hicup service may occur from time to time (such as when you proceed into an area that has no cell phone coverage or when the hicup service or your carrier’s network is undergoing maintenance). JGDG will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will JGDG be liable for any damages due to such interruptions.
JGDG also does not warrant the accuracy of the data delivered to or sent from members of your network via the hicup service. Such data may not always be accurate or current. JGDG has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but JGDG makes no representations or warranties regarding the security of the hicup service or the transmission of data or information to and from JGDG and your wireless device. JGDG will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems. You are solely responsible for backing up your data and replacing any user content made available by you.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL JGDG OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, JGDG’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE hicup SERVICES; (C) THE hicup APPLICATION OR SYSTEMS THAT MAKE THE hicup SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH JGDG OR ANY OTHER USER OF THE hicup SERVICES, EVEN IF JGDG OR A JGDG AUTHORIZED REPRESENTATIVE 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 JGDG’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, JGDG’S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE JGDG SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE JGDG SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN JGDG AND RECEIVED THROUGH OR ADVERTISED ON THE hicup SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE hicup SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT JGDG’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION AND RELEASE
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold JGDG and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the hicup service or the hicup application. JGDG 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. If you use the hicup service to meet another user in person, or to locate and attend any online or offline event, then you agree to release and hold JGDG harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other user or attendance or participation in any such event.
OWNERSHIP; PROPRIETARY RIGHTS
The hicup application and service are owned and operated by JGDG. The hicup application and service, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the services (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the hicup services are the property of JGDG or its subsidiaries or affiliated companies and/or third-party licensors. All graphics, logos, designs, page headers, button icons, scripts trademarks, service marks, and trade names displayed on the hicup services are proprietary to JGDG or its affiliates and/or third-party licensors. Except as expressly authorized in writing by JGDG, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Marin, State of California.
This Agreement constitutes the entire agreement between JGDG and you with respect to the subject matter hereof. JGDG’s or your failure to require performance of any provision shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect. You may not sell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to JGDG. Notwithstanding the foregoing, JGDG may assign this Agreement at any time without notice to an affiliate or in conjunction with the sale or transfer of substantially all of JGDG’s assets associated with the hicup service. By using the hicup service, you consent to receive from JGDG all communications, including notices, agreements, legally required disclosures or other information in connection with the hicup service (collectively, “Notices”) electronically. JGDG may provide such Notices by posting them on the http://www.hicup.com website or by downloading such Notices to your wireless device. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the hicup service. If you have any questions regarding the terms of this Agreement, please contact JGDG by sending an email to email@example.com, or by clicking on the “Contact Us” link on the http://www.hicup.com website.
EFFECTIVE DATE This Agreement is effective as of August 12, 2011.