Use of the Service
Abide allows you to access and view content through our mobile and web-based applications, as well as our website (each individually an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and Abide grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, sell, resell, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any portion of the App or the Service or attempt to discover any source code or underlying ideas or algorithms of the Service; (iv) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (v) make the functionality of the App or the Service available to any third party or multiple users through any means; (vi) use the Service to transmit material in violation of third party privacy rights; (vii) use the Service to store or transmit malicious code; (viii) interfere with or disrupt the integrity or performance of the Service or third party data contained therein; or (ix) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You agree to comply with any such restrictions or limitations. Abide reserves the right, without limiting any other right or remedy available at law, in equity, or under these Terms, to immediately suspend your access to and use of the Service if Abide determines, in its sole discretion, that you are engaging (or have engaged) in any of the activities previously identified. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (such as the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are between you and Abide, and not with the App Provider.
- Abide, not the App Provider, is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event that the App fails to conform to an applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price for the App to you (if applicable). However, the App Provider shall have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any material failure to conform to any warranty will be the sole responsibility of Abide.
- The App Provider is not responsible for addressing any claims you may have or any claims of any third party relating to the App or to your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes a third party’s intellectual property rights, Abide shall be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of the terms and conditions of these Terms, the App Provider has the right to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You shall also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), at the sole discretion of Abide without prior notice to you. We may automatically upgrade our Service and you agree that these Terms shall apply to such upgrades. Our Service may also, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Creating an Abide Account
In order to access and use Abide, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and may be asked to establish a username and a password. You agree to provide accurate, current and complete information about your Account. If you create an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms. When creating an Account, don’t:
- provide any false personal information to us or create any account for any person or entity other than yourself without such other person or entity’s permission;
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is subject to rights of another person without appropriate authorization; or
- use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate this license and your Account at any time, with or without cause or notice to you. We reserve the right to suspend or terminate this license or your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for activities that occur under your Account. You can link your Account to various webmail, social networking, and other online accounts such as Facebook. You may only link the accounts that are your own. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Credit Processing and Escrow
Payments under this Agreement may be made, upon Company’s request, via an automated payment processor (e.g., Stripe). Customer agrees that Company may verify payment using the services of an additional vendor such as a credit processing company or escrow service. Customer will comply with any Company instructions in connection with transmitting payment, including without limitation the time, amount, and form of such payment(s). Stripe’s terms and conditions are available at: https://stripe.com/us/checkout/terms
Your Abide membership will continue month-to-month or yearly, depending on which plan you chose and will automatically renew until terminated. To use Abide, you must have Internet access and an Abide ready device. You must cancel your membership before it renews in order to avoid billing for the next membership period. (see “Cancellation” below).
You can cancel your Abide membership at any time, and you will continue to have access to the Abide service through the end of your billing period (monthly or yearly). We provide refunds for yearly subscriptions cancelled within 30 days of purchase or 7 days if the subscription is monthly. To cancel, go to the iTunes store subscription page on your Apple device, which can also be found under “Manage Subscription” under “Settings” in the Abide app or contact email@example.com.
Our Service allows you and other users to create, post, link to, modify, store, share and otherwise make available certain information, audio files, text, images and/or other content (“Content”). You are solely responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide right and license to use, store, modify, publicly perform, publicly display, reproduce, create derivative works and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. Nothing in these Terms shall restrict other legal rights we may have to any Content, for example under other licenses.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
- submit material that violates or infringes a third party’s proprietary or intellectual property rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- publish falsehoods or misrepresentations that could damage us, our users or any third party;
- publish any private information of someone, such as their address, phone number, email address, and similar information without their permission;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, sexually explicit, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, is fraudulent or deceptive, violates any law, or is otherwise inappropriate;
- post advertisements;
- impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
- solicit a user’s password or other account information; or harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We do not have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove, modify or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service. Following termination or deactivation of your account, or if you remove any Content, we may retain your Content for a commercially reasonable period of time for backup, archival or audit purposes.
Content on the Service
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
We respect the intellectual property rights of others and expect you to do the same. It is our policy to not permit copyright infringing activities and infringement of intellectual property rights on the Service and at our discretion, we will remove any such Content if notified that such Content infringes on another’s intellectual property rights. In accordance with the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf), we will respond to claims of copyright infringement committed using our website that are reported to us at the following address: firstname.lastname@example.org.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold us, our officers, directors, employees and agents harmless from and against any and all claims, suits, proceedings, disputes, demands, losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) we incur in any way in relation to, or arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account, or your Content or breach of these Terms violates any applicable law or regulation, or the rights of any third party.
Links to Third Party Sites
The Service may include links to other third-party websites, advertisers and services that are not owned, operated or controlled by us. We are providing these links to you only as a convenience and we do not endorse nor are we responsible for the content or links displayed on such sites. If you access any third party website, service, or content from us, you agree that you are responsible for and assume all risk arising from your use or reliance of any third party website, service or content.
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Abide and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service with or without notice to you.
You understand and agree that the App and the Service and all included content are provided to you “AS IS” and on an “AS AVAILABLE” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We further take no responsibility and assume no liability for any Content that you post or send using our Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED FIFTY DOLLARS ($50.00). WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND/OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we reserve the right to determine the form and means of providing notice to you and you agree to receive legal notices electronically is we choose. We will use reasonable efforts to provide at least thirty (30) days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Service.
Questions & Contact Information
Please contact us at email@example.com if you have any questions about our Terms. These terms were last updated and are effective on Sept 16, 2018.