Last Updated: July 9, 2011
INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE
Welcome to the Munzee ("We", "Our") mobile device software application (the "Munzee Software"), Web site, feeds and applications for third-party Web sites and services, and any other mobile or web services or applications owned, controlled, or offered by Munzee (collectively, the "Munzee Services"). Users and others who download, access, use and/or subscribe to the Munzee Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY MUNZEE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE MUNZEE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE MUNZEE REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE MUNZEE SERVICES IMMEDIATELY.
THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND MUNZEE. You may receive a copy of this Agreement by emailing us at: email@example.com, Subject: Terms of Service Agreement.
ALL THE MUNZEE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER, AND SOME OF THE MUNZEE SERVICES ARE AVAILABLE ONLY FOR PERSONS 18 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE MUNZEE REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE MUNZEE SERVICE, INCLUDING ALL LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
1. IMPORTANT DISCLAIMERS.
THE MUNZEE SERVICES ARE INTENDED ONLY AS LOCATION-BASED SERVICES FOR FINDING MUNZEE OBJECTS AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MUNZEE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.
THE MUNZEE SERVICES CONTAIN INFORMATION ABOUT HIDDEN OBJECTS AND RELATED ACTIVITIES PUBLISHED TO THE MUNZEE SERVICES BY USERS LIKE YOU. MUNZEE DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE IN THE MUNZEE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY INFORMATION AVAILBABLE IN THE MUNZEE SERVICES. MUNZEE DISCLAIMS RESPONSIBILITY FOR YOUR RELIANCE ON INFORMATION IN THE MUNZEE SERVICES IN SECTION 14 BELOW.
YOU ACKNOWLEDGE AND AGREE THAT MUNZEE HAS OFFERED THE MUNZEE SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MUNZEE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MUNZEE. MUNZEE WOULD NOT BE ABLE TO PROVIDE THE MUNZEE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
2. PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES
When using any of the Munzee Services, 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"). For example, the Munzee Services may offer you opportunities to review certain events and venues, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.
3. MODIFICATION OF THIS AGREEMENT
4. OWNERSHIP; PROPRIETARY RIGHTS
The Munzee Services are owned and operated by Munzee. The Munzee Software, 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 Munzee 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 Munzee Services are the property of Munzee or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Munzee Services are proprietary to Munzee or its affiliates and/or third-party licensors. Except as expressly authorized by Munzee, 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.
5. ACCOUNT INFORMATION
All the Munzee Services are unavailable to persons under the age of 13 or to any Users suspended or removed from the Munzee Services by Munzee. In addition, some Munzee Services are not available to persons under the age of 18. You agree that the information you provide to Munzee upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.
When you register for the Munzee Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY MUNZEE IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR MUNZEE ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
7. USAGE RULES; PROHIBITED CONDUCT & USES YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. use the Munzee Services or any location information displayed within the Munzee Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other users without their consent;
2. use the Munzee Services if you are under the age of 13 years old, or 18 years old where applicable;
3. include offensive or pornographic materials in your Munzee Services personal profile page;
4. use the Munzee Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
5. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Munzee Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Munzee Services accounts of other Users;
7. share Munzee -issued passwords or access to your mobile device while Munzee is running and accessible with any third party or encourage any other user to do so;
8. misrepresent the source, identity or content of information transmitted via the Munzee Services;
9. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Munzee Services, features that prevent or restrict use or copying of any content accessible through the Munzee Services, or features that enforce limitations on use of the Munzee Services;
10. intentionally interfere with or damage operation of the Munzee Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
11. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
12. 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;
13. use the Munzee Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
14. use the Munzee Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Munzee Services could lead directly to death, personal injury, or severe physical or property damage.
15. attempt to gain unauthorized access to the Munzee Services, or any part of it, other accounts, computer systems or networks connected to the Munzee Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Munzee Services or any activities conducted on the Munzee Service;
16. use any robot, spider, scraper or other automated means to access the Munzee 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 Munzee Services or modify the Munzee Services in any manner or form, nor to use modified versions of the Munzee Services, including (without limitation) for the purpose of obtaining unauthorized access to the Munzee Services; or
17. sell or transfer or allow another person to access your account password, profile, or Munzee Services account.
8. USAGE; REFUSAL OR SUSPENSION OF SERVICE
8.1 MUNZEE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, MUNZEE ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE MUNZEE SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
8.2 You alone are responsible for your involvement with other Users. Munzee reserves the right, but has no obligation, to monitor disagreements between you and other Users.
8.3 Munzee 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 Munzee Services.
PLEASE NOTE: MUNZEE RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
9. USER SUBMISSIONS
9.1 The Munzee Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, or notes) 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 Munzee 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 Munzee 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 Munzee Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
9.2 By submitting User Submissions to Munzee, you hereby grant Munzee a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, 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 Munzee Services and Munzee’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Munzee 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 Munzee Services a non-exclusive license to access your User Submissions through the Munzee Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Munzee Services and under this Agreement.
9.3 You understand that when using the Munzee Services you will be exposed to User Submissions from a variety of sources, and that Munzee 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 Munzee with respect thereto.
9.4 Munzee assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, Munzee does not guarantee any confidentiality with respect to any User Submissions. Munzee assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Munzee chooses, in its sole discretion, to monitor User Submissions, Munzee 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, Munzee does not endorse and has no control over the content of User Submissions submitted by other Users. Munzee makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Munzee reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
10. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
10.1 The Munzee Services may include links to other web sites or services solely as a convenience to Users. Munzee does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Munzee makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
10.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Munzee Services are solely between you and such advertiser. You agree that Munzee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Munzee Services.
10.3 Parties other than Munzee may provide services or sell products via the Munzee Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Munzee does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
10.4 In addition, even if Munzee handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Munzee will have no liability with respect thereto.
11. END USER LICENSES
11.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Munzee Software you must have a mobile device that is compatible with the Munzee Services. Munzee does not warrant that the Munzee Services will be compatible with your mobile device.
1. License Grant. Munzee hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Munzee Software as follows: You may use the Munzee Software for one Munzee Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Munzee Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Munzee Software to any third party or use the Munzee Software to provide time sharing or similar services for any third party; (iii) make any copies of the Munzee Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Munzee Software, features that prevent or restrict use or copying of any content accessible through the Munzee Software, or features that enforce limitations on use of the Munzee Software; or (v) delete the copyright and other proprietary rights notices on the Munzee Software.
3. Software Upgrades. You acknowledge that Munzee may from time to time issue upgraded versions of the Munzee Software, and may automatically electronically upgrade the version of the Munzee Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
4. Open Source. With respect to any open source or third-party code that may be incorporated in the Munzee Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Munzee Software or any copy thereof and Munzee or its third party partners or suppliers retain all right, title, and interest in the Munzee Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Munzee reserves all rights not expressly granted under this Agreement.
11.2 GOVERNMENT END USERS. If this Munzee Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Munzee Software 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.
11.3 EXPORT CONTROL. The Munzee Software originates in the United States, and is subject to United States export laws and regulations. The Munzee Software 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 Munzee Software 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 Munzee Software and the Munzee Services.
12. VIOLATIONS; TERMINATION
You agree that Munzee, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Munzee Services or use of the Munzee Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that Munzee may terminate any part of the Munzee Services if (1) the partner with whom we offered the service to you has terminated its relationship with Munzee or ceased to offer the service to you, (2) in Munzee’s opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the Munzee Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Munzee will not be liable to you or any third-party for any such termination. Munzee does not permit copyright infringing activities on the Munzee Services, and reserves the right to terminate access to the Munzee Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Munzee Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Munzee may have at law or in equity.
13. DISCLAIMERS; NO WARRANTIES
THE MUNZEE SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MUNZEE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MUNZEE, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MUNZEE’S THIRD-PARTY WIRELESS CARRIER 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.
MUNZEE AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MUNZEE’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MUNZEE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MUNZEE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MUNZEE, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MUNZEE’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE MUNZEE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT MUNZEE OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE MUNZEE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MUNZEE SERVICES AT YOUR OWN DISCRETION AND RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Munzee, its affiliated companies, and its suppliers and partners (including, without limitation, Munzee‘s wireless carrier partners) harmless 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 any location information or the Munzee Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the Munzee Services to meet another User in-person or to locate and attend any offline place or event. Munzee 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 and provide any necessary information for our defense of these claims.
15. LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL MUNZEE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, MUNZEE’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 MUNZEE SERVICES; (C) THE MUNZEE SERVICES GENERALLY OR THE MUNZEE SOFTWARE OR SYSTEMS THAT MAKE THE MUNZEE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MUNZEE OR ANY OTHER USER OF THE MUNZEE SERVICES, EVEN IF MUNZEE OR A MUNZEE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE 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 MUNZEE’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, MUNZEE’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 MUNZEE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE MUNZEE 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 MUNZEE AND RECEIVED THROUGH OR ADVERTISED ON THE MUNZEE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MUNZEE 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 MUNZEE’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
16. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Digital Millennium Copyright Act Compliance. It is Munzee’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Munzee will promptly terminate without notice the accounts of Users that are determined by Munzee to be "repeat infringers." A repeat infringer is a User who has been notified by Munzee of infringing activity violations more than twice and/or who has had a User Submission removed from the Munzee Services more than twice.
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Munzee Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Munzee’s Designated Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Munzee Services are covered by a single notification, a representative list of such works on the applicable Munzee Services;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Munzee to locate the material;
4. Information reasonably sufficient to permit Munzee to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
Munzee’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Munzee Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Munzee customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
17.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.
17.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Munzee Services shall be filed only in the state or federal courts in and for Collin County, Texas and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
17.3 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
17.4 Notices. You agree that Munzee may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Munzee Services. Notice will be deemed given twenty-four hours after email is sent, unless Munzee is notified that the email address is invalid. Notices posted on the Munzee Services are deemed given and binding 30 days following the initial posting.
17.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Munzee without restriction.
17.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 7, 8, 9, and 13 through 17 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Munzee Services.
17.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Munzee as set forth in Section 3 above.
17.8 Claims. YOU AND MUNZEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MUNZEE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17.9 Disclosures. The services hereunder are offered by Munzee and can be contacted at PO Box 974, Prosper, TX 75078.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.