TERMS OF — USE
This Agreement is a legal agreement between you as an end user (“You” or
https://www.browserprime.com or or within the App. You should check the Website, the App and this Agreement regularly to ensure You remain in
compliance with the terms and conditions set forth herein. Your use of the
Platform after such posting will constitute acceptance by You of such changes. Certain functionality and services that are available on or through the Website might not be available on or through the App. Any purchases made within the Platform may be subject to additional terms and conditions.
THE PLATFORM INCLUDING THE APP AND WEBSITE ARE INTENDED FOR
— USE IN THE UNITED STATES ONLY. THE PLATFORM IS NOT AVAILABLE IN
THE EUROPEAN UNION AT THIS TIME AND ANY ATTEMPT TO OPERATE
THE PLATFORM BY AVOIDING ANY SECURITY OR COMMUNICATION
LIMITATION RENDERS SUCH — USE A VIOLATION OF THESE TERMS AND
Purpose.The purpose of this Agreement is to set forth the terms and conditions under which, among other things, (i) Bull’s Eye will license or grant access of the Platform to You, such that You can utilize the App through Your mobile device and access and/or use the Website through a computer (collectively, the “Purpose”). For purpose of clarity, the nature of the relationship between You and Bull’s Eye while using the App, Website or any Service shall be solely to facilitate Your ability to view information and media, to post information and media or to exchange information or media generated or otherwise posted in conjunction with the Platform with other users of the Platform. As stipulated elsewhere in this Agreement, Bull’s Eye does not exert any control over any merchants, retailers, commercial ventures or other third parties and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
Bull’s Eye hereby grants You a non-transferable, non-exclusive, revocable, non-sublicenseable limited, personal license to access and use the Platform available through the Website and/or the App during the Term (as defined below) solely for the Purpose, and only as permitted by the usage rules set forth in the iTunes App Store Terms of Service (located at https://www.apple.com/legal/internet-services/itunes/us/terms.html). You may terminate this license at any time by closing your account. Bull’s Eye may, from time to time, update or modify the App or the Website, release new versions of the App or Website and/or create new modules related thereto, each of which may, at Bull’s Eye’s discretion, be included within the license described above. You may download and print out portions of the content from the App and Website for non-commercial purposes, subject to the limitations provided in this Agreement. You may not use the Platform or any business listings, contract information or other content, to promote another business or commercial venture.
Except as provided herein, You shall not directly or indirectly modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the App or the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style, organization, images, icons or other words, phrases or designs capable of protection through copyright and/or trademark. You may not create compilations or derivative works of the App, Website, content or any other materials from the Platform. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets
from the App or the Website, including, without limitation, any of the software comprising or in any way making up a part of the App.
You shall use the App solely for its intended purposes and shall not use the App for the benefit of any third party except as specifically contemplated under this Agreement. You may not represent your information as anything other than your own opinion and not as representing the view or endorsement of any third party. You shall not use the App or Website to post, transmit, convey, submit, distribute, store or destroy or modify any content, photographs, descriptions, drawings, content, audio materials, text, messages, locational data or other information (collectively, “Posted Information”):
(a) in violation of any applicable law, statute, ordinance or regulation;
(b) in a manner that will infringe the intellectual property rights of others;
(c) that is defamatory, inaccurate, abusive, obscene (including nudity and
pornography), profane, offensive, threatening, harassing, racially offensive, illegal or trade libelous, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) that contains any viruses, Trojan horses, worms, time bombs, cancel
bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(e) that is false, misleading or inaccurate in any way; or
(f) in violation of any acceptable use policy or other policy posted in the
App, on the Website or in conjunction with the Platform from time to time.
You understand and agree that Browsr may review and delete any
Posted Information, regardless of form, in whole or in part, that in its sole
judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Users.
You may flag or report objectionable Posted Information by other Users and other Users for abusive behavior on the Platform, by going to “Settings Report” in your profile section of the App or Website. Browsr will act on reported objectionable Posted Information or Users within 24 hours of it being reported through the Platform by investigating the claim, removing the objectionable Posted Information and may terminate, cancel or suspend the User who provided such content.
You shall not violate or attempt to violate the security of the App or the Website. You may not engage in any conduct with respect to the Platform or its content which constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. You may not engage in any conduct in conjunction with the Platform that misidentifies You or impersonates any person or entity, including, without limitation, any employee or representative of Bull’s Eye, or falsely states, implies, or otherwise misrepresents Your affiliation with a person or entity by, for example, pretending to be someone other than You or pretending to represent a company or organization that You are not affiliated with or authorized to represent; or could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.
You may not use any manual or computer-enabled device to obtain information from the Platform in incremental or bulk fashion in order to compile or otherwise publish or use such information for any purpose. You may not circumvent any security or other navigational menus as enabled within the Platform for the purpose of obtaining data or for any other purpose.
You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the App where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You may not deliver, reproduce, frame or copy the data of the Platform for republication in any other form. You may not link to the Platform, including, without limitation, the App or Website.
You may not take any action in conjunction with the Platform to contact, interact with or otherwise harm or engage with minors in any way.
Browsr and Browsr reserves the right to investigate and terminate your membership if you have misused the Platform, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You as a User shall be solely responsible for: (i) all Posted Information you input into the App and any other applications or websites enabled by the App, or through any text messaging applications or email programs; (ii) ensuring that all requested Actions or Posted Information is appropriate in tone and is accurate and not libelous, defamatory, abusive or obscene; (iii) complying with all applicable laws, rules and regulations at all times; and (iv) maintaining all passwords and access codes to the App or website, and refraining from sharing or otherwise permitting third parties to use any such passwords and/or access codes to access the App or Website. “Actions” means the actions specified in the App that will let you view, engage and create information or other media to be delivered by or to a User on the Platform. These may include socially sharing Your content through the Platform, including but not limited to posts on other websites or services or similar publication of Posted Information.
Bull’s Eye Rights.
Bull’s Eye shall be entitled, at its sole discretion, to suspend, restrict and/or
terminate, without notice of any kind, Your access to the Platform or Your
account for any reason, including Your access to content or media. Bull’s Eye reserves the right to remove any of Your Posted Information from the Platform, block the sending of any inquiry or other content Bull’s Eye deems inappropriate in its sole discretion, and may terminate all access to the Platform at any time in its sole discretion for any or no reason. Bull’s Eye reserves the right to monitor all postings and/or content posted within the Platform. Notwithstanding the foregoing, Bull’s Eye shall not be required to review or monitor any Posted Information entered into the Platform or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content
and information. If You breach any of these terms in this Agreement, You
immediately forfeit any rights, access rights, access to content, friends or connections or other benefits that may have accrued by using the Platform. If you attempt to over-ride or manipulate the Platform, its software, security or other protective measures in any manner, you will be blacklisted and permanently removed from Your account on the Platform.
You also agree that Bull’s Eye may disclose and/or retrieve and/or retain your Posted Information as well as any other information provided by You to the Platform in order to comply with any legal process or request, to address any claim by another User or third party that Your conduct or Posted Information is in violation of the Agreement or to enforce the Agreement. Bull’s Eye may also take whatever action is necessary, including, without limitation, disclosure of Your Posted Information and/or location to protect the rights or safety of any person or Bull’s Eye.
By accepting the terms of this Agreement, and using the Platform, You agree that You shall defend, indemnify and hold Bull’s Eye, its affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of the terms of this Agreement or any applicable law or regulation, whether or not referenced herein, including,
without limitation the obligations of Section 4; (b) Your violation of any rights of any third party, including any information shared with other users through the Platform or otherwise, or (c) your use or misuse of the Platform and/or any third party application or web resource.
Fees and Payments.
Bull’s Eye may offer products and services for purchase (“In App Purchases”) associated with the Platform by Bull’s Eye (each, a “Store”). If you make an In App Purchase, you will need to enter your account information in the Store (“Account”), and the Store will charge your Account for the In App Purchase in accordance with their terms and conditions. Bull’s Eye does not collect or process payment information. You may have the option of purchasing subscription or other recurring services which will be billed and collected on a periodic basis, according to the Store’s terms and conditions, until you take action to terminate such billing and collection.
If you make a purchase on the Website, You will be directed to the relevant Store for direct billing and collection of payment for all relevant charges as selected by You according to the Store’s terms and conditions.
It is Your responsibility to maintain your online profile and payment information with the Store. Bull’s Eye has no obligation to correct or investigate any incorrect payment or other information entered into the Platform. You are and remain responsible for any amounts due and owing to the Store.
Term and Termination.
This Agreement shall continue in full force until the earlier to occur of (i) Bull’s Eye electing to discontinue any or all Services associated with the Platform, (ii) either party providing written or electronic notice of termination of this Agreement to the other party (at which point You shall no longer be legally entitled to access or use the App or Website), or (iii) Bull’s Eye electing to terminate Your access to the App or Website, with or without notice (the “Term”).
For purposes of clarity, You are entitled to terminate your account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the App or any other non-public portions of the Website.
In addition to the foregoing, in the event that Bull’s Eye determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any Bull’s Eye policy in effect from time to time or otherwise failed to perform to the standards required by Bull’s Eye, Bull’s Eye shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the Platform, in each of the foregoing cases at any time and for any period of time.
Bull’s Eye shall not be responsible for the completion of any ordered or paid for Service or return of any Posted Information of any kind to You upon any
termination of this Agreement or suspension of Your access to the App, including without limitation any information input into the App by You. Sections 3-15 of this Agreement shall survive any termination of this Agreement.
(a) General Ownership.
Other than the license granted above, nothing in this Agreement shall be deemed to confer any intellectual property rights to any party. Bull’s Eye is the sole owner of (i) all names and marks associated with the Platform, including, without limitation “Browsr,” and the Dog Logo; (ii) all copyrights associated with the content and operation of the Platform, including, without limitation all source and object code and images derived therefrom other than user-Posted Information, (iii) any technology, whether patentable or not, and all trade secrets and other intellectual property related to the operation of the Platform and the Services. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to Bull’s Eye regarding the Platform shall, upon
submission, be owned solely and exclusively by Bull’s Eye. In addition, Bull’s Eye shall be entitled to post feedback at the Website and within the App (and/or allow others to do so), both positive and negative, regarding You or any User. As between You and Bull’s Eye, You shall own all copyrights in and to any of Your Posted Information.
(b) Use of Posted Information.
In exchange for Your use of the App and the Website, You hereby grant to Bull’s Eye an unlimited, perpetual, irrevocable, fully-paid, transferable, assignable, sub-license, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform and display any and all Posted Information You post (including all location data or other information) and/or generate in conjunction with the App and to the Website or submit to your account, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licensees, in connection with Bull’s Eye’s operation of the Platform. Finally, You irrevocably waive, and cause to be waived, against
Bull’s Eye and its users any claims and assertions of moral rights for attribution or modification with respect to Your Posted Information. Bull’s Eye shall be entitled to display advertising and/or any other content at locations of its choosing within the App or Website, including without limitation adjacent to Your Posted Information.
(c) Third Party Intellectual Property; Notice and Take down.
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the App or website;
• Your address, telephone number, and email address;
• a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. In some circumstances, in order to notify the individual or entity which provided the allegedly infringing content to which Bull’s Eye has disabled access, Bull’s Eye may forward a copy of a valid Notice including name and email address to such individual or entity. Bull’s Eye’s Agent for Notice of claims of copyright or
other intellectual property infringement can be reached as follows:
By email: Admin@browserprime.com
You agree to treat as confidential all information of Bull’s Eye identified as
confidential, not to use such confidential information for any purpose other than to the limited extent necessary to use the App and Website and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by Bull’s Eye, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
(a) No Warranties.
Except as explicitly set forth herein, neither Bull’s Eye, its affiliates or any party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either express or implied, including, without limitation (a) warranties of merchantability, fitness for a particular purpose or non-infringement, (b) that the App or Website will be error-free, (c) a minimum level of uptime for the App or the Website, or (d) any results that may be obtained by You for the use of the Platform.
You agree and acknowledge that the App and Website are licensed and/or
provided hereunder on an “as is” basis. In addition, You hereby agree and
(i) Bull’s Eye shall not be responsible for any actions taken by any other party using the Platform and/or reviewing any of Your Posted Information;
(ii) Bull’s Eye does not recommend or endorse any third parties and makes no representations or warranties whatsoever regarding any such third party materials, content or functionality;
(iii) Bull’s Eye is not a party to any transaction between you and any other third party, and as such, any disputes are solely between You and such third party;
(iv) Bull’s Eye is not responsible for any other party’s compliance with applicable laws, rules or regulations;
(v) Bull’s Eye shall not, under any set of circumstances, be responsible or liable for any content, text, photographs and/or other Posted Information, including any Posted Information which may violate applicable law and/or a third party’s intellectual property rights; and
(vi) the App or Website may not function properly or as intended at
(b) Unavailability of App or the Website.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the App, the Website or any other aspect of the Platform. While it is Bull’s Eye’s objective to make the Platform accessible at all times, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Platform may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Bull’s Eye, access to the Platform may be interrupted, suspended or terminated from time to time. Any lost Actions by You because of Internet accessibility or any other downtime or failure of Services will not be credited to your account and Bull’s Eye shall not be liable for any lost content or other Posted Information under any circumstances. In particular, and not in limitation of the foregoing, Bull’s Eye shall not be liable in any way for any delay in responding to an inquiry
or question forwarded by You or the effects any delay or unavailability may have on You.
(c) Information Distribution.
The Platform may contain and/or provide access to content provided by third parties or other Users, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the App or Website (“Third Party Content”) that may include content You find to be offensive, indecent or objectionable. The third party from whom or which any such Third Party Content originates is solely responsible for it and Bull’s Eye assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Bull’s Eye has no liability of any kind to You or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation,
obscenity, pornography, profanity, opinion, representation and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Bull’s Eye expressly states in writing to the contrary, Bull’s Eye neither endorses nor adopts as its belief any such statements. Bull’s Eye may provide information in articles Bull’s Eye posts or links to through the Platform only for educational and general informational purposes and not as professional advice. Bull’s Eye has made no attempt to verify any information contained in any such articles.
Limitation of Liability.
BULL’S EYE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE PLATFORM,
APP, SERVICES OR WEBSITE. BULL’S EYE SHALL NOT, UNDER ANY SET OF CIRCUMSTANCES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR DATA ARISING OUT OF THIS AGREEMENT OR YOUR — USE OF THE PLATFORM, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BULL’S EYE’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED USD $20.00.
Bull’s Eye shall not be liable to You for failure or delay in performing any of its or any third party’s obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
Each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Platform, Services, App and Website shall be resolved in the appropriate Federal or state court located solely and exclusively in Pittsburgh, Pennsylvania. You hereby consent to exclusive jurisdiction in Pittsburgh, Pennsylvania, and agree not to raise any defense of forum non conveniens or any similar defense. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent or representative of the other party for any purpose
between You and Bull’s Eye and supersedes any prior agreement or other terms.
Copyright © 2020 Bull’s Eye Technologies Inc. All rights reserved.