SpyNote ("We", "Our") software applications (the "SpyNote Software"), websites, services, and content (e.g., widgets, feeds, and applications) owned or operated by SpyNote (the "SpyNote Services" ) are governed by the following terms and conditions.
GENERAL INFORMATION
Before using any SpyNote Services, please read carefully the following terms and conditions of service. By accessing, browsing and/or using the SpyNote Services, you acknowledge that you have read, understood, and agree to be bound by all consents and disclosures set forth in the SpyNote 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 SpyNote services immediately.
The SpyNote services are available for individuals aged 14 years or older. If you are 14 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 and you agree to have your parent or guardian review and accept this agreement on your behalf through the SpyNote registration process. If you are a parent or guardian entering this agreement for the benefit of a child over 14, then you agree to and accept full responsibility for that child's use of the SpyNote service, including all financial charges and legal liability that he or she may incur.
IMPORTANT DISCLAIMERS
The SpyNote services are intended only as personal services for individual use 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 SpyNote services could lead directly to death, personal injury, or severe physical or property damage.
You acknowledge and agree that SpyNote has offered the SpyNote services, set its prices, 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 SpyNote, 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 SpyNote. SpyNote would not be able to provide the SpyNote Services to you on an economically reasonable basis without these limitations and disclaimers.
PRIVACY POLICY; GUIDELINES TO FEATURES AND SERVICES
SpyNote's Privacy Policy is hereby incorporated into this Agreement by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time information. When using any of the SpyNote 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"). All Guidelines are hereby incorporated by reference into this Agreement.
MODIFICATION OF THIS AGREEMENT
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the SpyNote Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on SpyNote Services.
OWNERSHIP; PROPRIETARY RIGHTS
The SpyNote Services are owned and operated by SpyNote. The SpyNote Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the device applications, and all other elements of the SpyNote Services (collectively, the "Materials") are protected by 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 SpyNote Services are the property of SpyNote or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the SpyNote Services are proprietary to SpyNote or its affiliates and/or third-party licensors. Except as expressly authorized by SpyNote, 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.
ACCOUNT INFORMATION
The SpyNote Services are not available to persons under the age of 14 or to any Users suspended or removed from the SpyNote Services by SpyNote. You agree that the information you provide to SpyNote 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.
USAGE RULES; PROHIBITED CONDUCT AND USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
1. Use the SpyNote Services or any information displayed within the SpyNote Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about others;
2. Use the SpyNote Services if you are under the age of 14 years old;
3. Use the SpyNote Services for any commercial or non-private use, it being understood that the SpyNote Services are for personal, non-commercial use only;
4. Use the SpyNote 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, and import or export control;
5. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the SpyNote Services accounts of other Users;
6. Share SpyNote-issued passwords or access to your device while SpyNote is running and accessible with any third party or encourage any other user to do so;
7. Misrepresent the source, identity or content of information transmitted via the SpyNote Services;
8. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the SpyNote Services, features that prevent or restrict use or copying of any content accessible through the SpyNote Services, or features that enforce limitations on use of the SpyNote Services;
9. Intentionally interfere with or damage operation of the SpyNote Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
10. Attempt to gain unauthorized access to the SpyNote Services, or any part of it, other accounts, computer systems or networks connected to the SpyNote 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 SpyNote Services or any activities conducted on the SpyNote Service;
11. Sell or transfer or allow another person to access your account password, profile, or SpyNote Services account.
USAGE; REFUSAL OR SUSPENSION OF SERVICE
SpyNote reserves the right to disable any user's use of or access to the SpyNote Services and the Software, for any reason and without any notice.
You acknowledge that you are solely responsible for all content and material that you provide to the SpyNote Services.
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The SpyNote Services may include links to other web sites or services solely as a convenience to Users. SpyNote 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, SpyNote 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.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SpyNote Services are solely between you and such advertiser. You agree that SpyNote 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 SpyNote Services.
Parties other than SpyNote may provide services or sell products via the SpyNote 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. SpyNote 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.
END USER LICENSES
LICENSE GRANT, RESTRICTIONS AND UPGRADES.
To use the SpyNote Software you must have a device that is compatible with the SpyNote Services. SpyNote does not warrant that the SpyNote Services will be compatible with your device.
1. License Grant. SpyNote hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the SpyNote Software as follows: You may use the SpyNote Software for one SpyNote Services subscription account (a "Subscription Account" is comprised of HWID (Hardware ID)) on devices owned or leased solely by you, for your personal use.
2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the SpyNote Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the SpyNote Software to any third party or use the SpyNote Software to provide time sharing or similar services for any third party; (iii) make any copies of the SpyNote Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the SpyNote Software, features that prevent or restrict use or copying of any content accessible through the SpyNote Software, or features that enforce limitations on use of the SpyNote Software; or (v) delete the copyright and other proprietary rights notices on the SpyNote Software.
3. Software Upgrades. You acknowledge that SpyNote may from time to time issue upgraded versions of the SpyNote Software, and may automatically electronically upgrade the version of the SpyNote Software that you are using on your device. You consent to such automatic upgrading on your 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 SpyNote Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the SpyNote Software or any copy thereof and SpyNote or its third party partners or suppliers retain all right, title, and interest in the SpyNote 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. SpyNote reserves all rights not expressly granted under this Agreement.
VIOLATIONS; TERMINATION
You agree that SpyNote, 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 SpyNote Services or use of the SpyNote Services and remove and discard all or any part of your account, at any time. You agree that any termination of your access to the SpyNote Services or any account you may have or portion thereof may be effected without prior notice, and you agree that SpyNote will not be liable to you or any third-party for any such termination. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SpyNote may have at law or in equity.
DISCLAIMERS; NO WARRANTIES
The SpyNote services and any third-party software, services, or applications made available in conjunction with or through the SpyNote services are provided "as is" and without warranties of any kind either express or implied. SpyNote, and its suppliers and 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.
SpyNote and its suppliers and partners do not warrant that the functions contained in the SpyNote Services will be uninterrupted or error-free, that defects will be corrected, or that the SpyNote services or the server that makes them available are free of viruses or other harmful components.
SpyNote, and its suppliers and partners, do not warrant or make any representations regarding the use or the results of the use of any SpyNote services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not SpyNote or its suppliers or partners) assume the entire cost of any necessary servicing, repair, or correction related to the SpyNote services. You understand and agree that you download or otherwise obtain material or data through the use of the SpyNote services at your own discretion and risk.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold SpyNote, its affiliated companies, and its suppliers and 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 information generally, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. SpyNote 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.
LIMITATION OF LIABILITY AND DAMAGES
You acknowledge and agree that under no circumstances, including, without limitation, negligence, will SpyNote or its affiliates, contractors, employees, agents, or third-party 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 information; (b) your use or inability to use the SpyNote Services; (c) the SpyNote services generally or the SpyNote software or systems that make the SpyNote Services available; or (d) any other interactions with SpyNote or any other user of the SpyNote Services, even if SpyNote or a SpyNote 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 SpyNote's (or its affiliates, contractors, employees, agents, suppliers, or third-party 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 SpyNote services, exceed the amounts paid by you for accessing the SpyNote Services 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 SpyNote and received through or advertised on the SpyNote Services or received through any links provided on the SpyNote Services.
BY USING THIS SERVICE YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.