Agreement between You and PublicEngines, Inc.
These terms are effective as of October 11, 2010
DO NOT RELY ON THIS SERVICE FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911.
1. DISCLOSURES TO LAW ENFORCEMENT. YOU AGREE THAT PUBLIC ENGINES MAY share ANY AND ALL INFORMATION AND COMMUNICATIONS PUBLIC ENGINES COLLECTS FROM YOU IN CONNECTION WITH YOUR USE OF THE PUBLIC ENGINES SERVICES (OTHER THAN YOUR PASSWORD) WITH PARTICIPATING LAW ENFORCEMENT AGENCIES AND/OR PUBLIC SAFETY OFFICIALS FOR THE PURPOSES OF FACILITATING CITIZEN DIALOG, INFORMATION EXCHANGE, RESPONDING TO EMERGENCIES, AND OTHER OFFICIAL USES, AND YOU HEREBY CONSENT TO SUCH DISCLOSURES. IF YOU DO NOT WANT PUBLIC ENGINES TO DISCLOSE YOUR INFORMATION as described above, PLEASE DO NOT USE ANY PUBLIC ENGINES SERVICES.
2. CERTAIN DISCLAIMERS. DO NOT RELY ON ANY PUBLIC ENGINES SERVICES FOR ANY EMERGENCY COMMUNICATION WHATSOEVER TO LAW ENFORCEMENT OR FIRST RESPONDERS. IN THE EVENT OF AN EMERGENCY, PLEASE DIAL 911. PUBLIC ENGINES SERVICES ARE OFFERED AS A CONVENIENCE ONLY AND DO NOT OFFER MONITORING, ALARM, OR EMERGENCY NOTIFICATION SERVICES. YOU SHOULD NOT RELY UPON ANY SERVICE PROVIDED BY A PUBLIC ENGINES SERVICES IN PLACE OF SUCH SERVICES. YOU ARE SOLELY RESPONSIBLE FOR PROCURING SUCH SERVICES AND PUBLIC ENGINES IS NOT RESPONSIBLE FOR, AND YOU EXPRESSLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASE PUBLIC ENGINES FROM, ANY CLAIMS RELATED TO YOUR FAILURE TO INDEPENDENTLY OBTAIN OR USE SUCH SERVICES. IN ADDITION, As a convenience to users of the PublicEngines services, PublicEngines will store certain types of medical information that you may provide TO ASSIST FIRST RESPONDERS (e.g., MEDICAL CONDITIONS of MEMBERS OF YOUR HOUSEHOLD, ETC.). PUBLIC ENGINES IS NOT A HEALTH CARE PROVIDER OR A BUSINESS ASSOCIATE OF A HEALTH CARE PROVIDER.
3. Account Creation. In order to use certain features of the PublicEngines Services, you must register for an account with PublicEngines ('Account') and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the PublicEngines Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You may not use another user's Account or allow another user to use your Account. Please remember to log off of your Account after each use to prevent unauthorized use of your Account. You agree to immediately notify PublicEngines of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Public Engines is not liable for any loss or damage arising from your failure to comply with the above requirements.
4. PERMITTED USE.
- Subject to these TOU, PublicEngines hereby grants you the non-exclusive, non-transferable, limited right to access and use the PublicEngines Sites solely for the following purposes: (a) if you are accessing the PublicEngines Sites as an individual, then any and all use of the PublicEngines Sites is for your personal, non-commercial use only; or (b) if you are accessing the PublicEngines Sites on behalf of a business or other entity that is not an individual, then any and all use of the PublicEngines Sites must be for such entity's internal business purposes ('Permitted Use').
- Subject to these TOU, PublicEngines hereby grants you the non-exclusive, non-transferable, limited right to download the Mobile App solely onto your own handheld mobile device, to use the Mobile App solely for Permitted Uses and as permitted by the applicable App Store (defined below) from which you received the Mobile App.
- PublicEngines reserves the right, at any time, to modify, suspend, or discontinue the PublicEngines Services or any part thereof with or without notice. You agree that PublicEngines will not be liable to you or to any third party for any modification, suspension, or discontinuance of the PublicEngines Services or any part thereof. Any future release, update, or other addition to functionality of the PublicEngines Services shall be subject to the terms of these TOU.
5. Prohibited Use. Use of any PublicEngines Services except as expressly permitted hereunder, is strictly prohibited. YOU ARE NOT PERMITTED TO USE ANY PUBLIC ENGINES SERVICES, INCLUDING ANY INFORMATION, DATA, CONTENT OR OTHER MATERIALS MADE AVAILABLE AT OR ACCESSED VIA SUCH PUBLIC ENGINES SERVICES ('CONTENT') FOR ANY PURPOSE OTHER THAN A PERMITTED USE. The limited license granted to you in Section 4 above shall terminate immediately without notice to you in the event that you do any of the following, and you agree, represent, and warrant that you will do any of the following ('Prohibited Conduct'):
- Duplicate, publish, modify, translate, alter, create derivative works of, transmit, perform, reuse, re-post, display, or otherwise distribute the Content, in whole or in part, for public purposes, unless specifically authorized in writing by PublicEngines to do so.
- Frame, or assist third parties in framing, any of the web pages contained in the PublicEngines Sites. Such framing is strictly prohibited under these TOU. However, code for embedding portions of the Public Engines Services in third party web sites is available under a separate license.
- Access the PublicEngines Service in order to build a similar or competitive service.
- Use the PublicEngines Services to: (i) send unsolicited or unauthorized email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) harvest, collect, gather or assemble information or data regarding other users, including email addresses; (iii) transmit any materials that are unlawful, immoral, libelous, abusive, harassing, hateful, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene, pornographic, racially or ethnically offensive, encourages conduct that would be considered a criminal offense, or are otherwise objectionable or which is harmful to minors in any way; (iv) transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright, right of privacy, or right of publicity (unless you have permission from the rightful owner to post the material and to grant to PublicEngines all of the license rights granted herein); (v) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancel bots; (vi) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the PublicEngines Services or violate the regulations, policies or procedures of such networks; (vii) attempt to gain unauthorized access to the PublicEngines Services, other accounts, computer systems or networks connected to the PublicEngines Services, through password mining or any other means; (viii) harass or interfere with another user's use and enjoyment of the PublicEngines Services; or (ix) ssubmit any content that contains any falsehoods or misrepresentations that could damage PublicEngines or any third party or impersonates another person.
- Use any tradename, trademark, or brand name of PublicEngines in metatags, keywords and/or hidden text.
- Use the PublicEngines Service (including the Content and/or any portion thereof) in any manner that may give a false or misleading impression, attribution or statement as to PublicEngines, or any third party.
- Use the PublicEngines Service for any purpose that is unlawful.
- Use automated systems (e.g., robots, spiders) on the PublicEngines Service. Notwithstanding the foregoing, PublicEngines grants the operators of public search engines permission to use spiders to copy materials from the PublicEngines Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
- Use the PublicEngines Services in any manner which could damage, disable, overburden, or impair the PublicEngines Services or interfere with any other party's use and enjoyment of the PublicEngines Services.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PublicEngines Services.
6. INTELLECTUAL PROPERTY OWNERSHIP. The PublicEngines Services (including the PublicEngines Sites, Mobile Apps, and all Content, software, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing on the PublicEngines Sites and/or Mobile Apps, and the organization, compilation, look and feel of the PublicEngines Sites and/or Mobile Apps), are the property of PublicEngines and/or its suppliers and business partners ('Partners'), such as the Participating Agencies (defined below), and are protected by U.S. and international copyright and other intellectual property laws. PublicEngines and CrimeReports.com are the trademarks of PublicEngines. The names of actual companies and products listed on the PublicEngines Sites may be the trademarks of their respective owners. PublicEngines (and/or its Partners) retain all rights with respect to the PublicEngines Services except those expressly granted to you in these TOU. You do not acquire ownership rights to the PublicEngines Services or any Content viewed or accessed through any PublicEngines Services and PublicEngines' posting of the Content on the PublicEngines Services does not constitute a waiver of any right in such Content. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content. Except as expressly provided herein, nothing on the PublicEngines Services shall be construed as conferring any license under PublicEngines' (and/or its Partners') intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, PublicEngines may revoke any of the foregoing rights and/or your access to the PublicEngines Services, or any part thereof, including the blocking of your IP Address, at any time, in its sole discretion, without prior notice.
7. LINKS TO THIRD PARTY SITES. The PublicEngines Services may contain links or produce search results that reference links to third party web sites ('Linked Sites'). PublicEngines has no control over these Linked Sites or the content within them. PublicEngines cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. PublicEngines does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the PublicEngines Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claims against PublicEngines for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at email@example.com, and we may investigate the link and take appropriate action.
8. OWNERSHIP OF USER SUBMITTED CONTENT. The PublicEngines Services may permit you to upload and store certain information, facts, reports, opinions, reviews, content, and/or other materials ('User Submissions') to our systems, networks, and servers and to publish, display, distribute, reproduce and/or perform such User Submissions, or any derivative work thereof, via the PublicEngines Services. All such User Submissions are the sole responsibility of, and are stored upon our servers or system solely at the direction of, such users, and subject to the protections afforded to PublicEngines as an interactive service provider under Section 512(c) of the Digital Millennium Copyright act of 1998 ('DMCA') and Section 230 of the Communications Decency Act ('CDA'). Please see the 'Digital Millennium Copyright Act' section below for more details on our policies and procedures regarding any issues in relation thereto. You assume all risks associated with use of your User Submissions, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Submissions that makes you or any third party personally identifiable. You may not state or imply that your User Submissions is in any way provided, sponsored or endorsed by PublicEngines. By posting any User Submission, you grant to PublicEngines and its Partners a perpetual, irrevocable, unlimited, royalty-free right and license, with the right to sublicense, to access, distribute, perform, display, use, modify, and create derivative works of such User Submission, upon submission of the User Submission, for the purpose of providing the PublicEngines Service and to share your information with participating law enforcement agencies and/or public safety officials. You represent and warrant that you are the owner of such User Submissions and are authorized to grant the foregoing license. PublicEngines reserves the right at all times to disclose any User Submissions, including any personal information, as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any User Submissions, in whole or in part, in PublicEngines' sole discretion.
9. OWNERSHIP OF UTILITY, MUNICIPALITY OR LAW ENFORCEMENT AGENCY SUBMITTED CONTENT. Certain services or products offered by the Public Engine Services may require information from certain law enforcement agencies, municipalities or utility providers ('Participating Agencies'). In such cases, all original information provided by a Participating Agency (but not including compilations of data created through PublicEngines Services) is exclusively owned by that Participating Agency. PublicEngines does not limit a Participating Agency's ability to make further use of its original information as it deems appropriate. PublicEngines does not own a Participating Agency's original information. Unless otherwise required by the Participating Agency, PublicEngines will provide the compilations of data created through PublicEngines Services to the general public in accordance with the provisions of these TOU. If the Participating Agency has the right to cause PublicEngines to archive (remove from view) and purge (remove from database) any or all of its data, then PublicEngines shall comply with all such requests.
10. OTHER USERS. Each user is solely responsible for any and all of its User Submissions. User Submissions are not under the control of PublicEngines and PublicEngines is not responsible for any User Submission. PublicEngines provides User Submissions only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the User Submissions. You use all User Submissions at your own risk. Your interactions with other users are solely the responsibility of you and such user. You agree that PublicEngines will not be responsible for any liability, loss, or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
12. Responsibility for Review. If you direct PublicEngines to store a User Submission on our networks, systems or servers and/or otherwise make a User Submission available via the PublicEngines Services, you shall, and hereby do, agree and acknowledge that (a) PublicEngines has no obligation to (but reserves the right to) edit, review, select, censor or otherwise control the publication of any User Submission, (b) all User Submissions are published by you and reside on PublicEngines' systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any User Submissions uploaded, stored, published, or otherwise copied, distributed or displayed by PublicEngines at your direction, and (d) PublicEngines does not guarantee any confidentiality with respect to any User Submissions. Notwithstanding the foregoing, and in compliance with the DMCA and the CDA, PublicEngines reserves the right, in its sole discretion, to refuse, remove or delete any User Submission at any time and for any reason.
13. WARRANTY DISCLAIMER. THE PUBLIC ENGINES SERVICES (INCLUDING PUBLIC ENGINES SITES, MOBILE APPS, the Content, and all other features on the PUBLIC ENGINES SERVICES) are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, MERCHANTABILITY, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then PUBLIC ENGINES hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from PUBLIC ENGINES, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, PUBLIC ENGINES does not make any warranties that the PublicEngines SERVICES will be uninterrupted, secure or error free, or that your use of the PublicEngines SERVICES will meet your expectations, or that the PublicEngines SERVICES is correct, accurate, or reliable. THE CONTENT PROVIDED ON the PUBLIC ENGINES SERVICES IS FOR CONVENIENCE ONLY AND PUBLIC ENGINES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER SUBMISSION, OPINION, STATEMENT, PRODUCT, ADVICE, RECOMMENDATION OR SERVICE MADE, PROMOTED, ADVERTISED OR OFFERED BY ANY PUBLIC ENGINES USER, THIRD PARTY, OR OTHER ENTITY MADE AVAILABLE THROUGH THE PUBLIC ENGINES SERVICES OR ANY LINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PUBLIC ENGINES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PublicEngines, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, exemplary, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST DATA) THAT ARISE OUT OF OR ARE RELATED TO these TOU and/or YOUR USE OF THE PublicEngines SERVICES. IN NO EVENT SHALL PublicEngines' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF PublicEngines' AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR LIABILITY RELATED TO OR ARISING OUT OF these TOU and/or THE PublicEngines SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO PublicEngines FOR ACCESSING The public engines SERVICES; OR (B) TEN U.S. DOLLARS ($10.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. RELEASE. You hereby irrevocably and unconditionally release and forever discharge PublicEngines (and its officers, employees, agents, successors, and assigns) from, and hereby waive, any and all past, present and future claims, demands, and rights of action, whether known or unknown, which arises from or relates to (a) any App Stores, (b) other users of the PublicEngines Services, (c) Linked Sites, (d) Participating Agencies, (e) any other law enforcement agencies and/or public safety officials, and/or (f) your failure to independently obtain or use monitoring, alarm, or emergency notification services. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.'
16. Digital Millennium Copyright Act. PublicEngines is committed to respecting and protecting the legal rights of copyright owners. As such, Public
Engines adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512
et seq.). If you believe any of the Content (including any User Submissions) infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a 'DMCA Takedown Notice'). To be valid, a DMCA
Takedown Notice must (a) be provided to PublicEngines' designated agent, ('Copyright Agent'), as set forth below, and (b) include the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
· Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
· A statement that you have 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; and
· A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the PublicEngines Service. You acknowledge that in order for PublicEngines to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
ATTN: Copyright Agent
11781 S. Lone Peak Parkway, Suite 200
Draper, Utah 84020
17. No Archive. Notwithstanding anything contained herein, the functionality provided to you by the PublicEngines Services and our systems, networks and servers are not an archive and PublicEngines shall have no liability to you or any other person for loss, damage, or destruction of any User Submissions. You shall be solely responsible for maintaining independent archival and backup copies of any User Submissions.
18. ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age, or you are at least thirteen (13) years of age and your parent has agreed on your behalf to these TOU; and, (c) you will only use the PublicEngines Sites in accordance with these TOU.
19. INDEMNITY. You agree to indemnify and hold PublicEngines and its Partners, affiliates, officers, directors, agents, and employees harmless from any third party claims, suits, losses, damages, liabilities, costs, and expenses, including reasonable attorney's fees, arising from or related to (a) your breach of these TOU, (b) your User Submissions, (c) your use of the PublicEngines Services, or (d) your violation of any law or the rights of a third party.
20. TERMINATION. These TOU will remain in full force and effect while you use the PublicEngines Services, unless terminated described below. We may suspend your rights to use the PublicEngines Services or terminate these TOU, at any time, for any reason, at our sole discretion, including if you violate these TOU. We have a policy of terminating this TOU with any user who repeatedly infringes third party copyright rights. Upon termination of these TOU, your Account and right to access and use the PublicEngines Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Submissions associated therewith from our live databases and we will have no liability in connection therewith. The following Section will survive: 1, 2, 6-24.
21. IRREPARABLE HARM AND INJUNCTIVE RELIEF. The PublicEngines Services and the information and content made available through such services is the result of significant investment by Public Engines in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of these TOU. By using the PublicEngines Services, you hereby acknowledge and recognize the uniqueness of the services provided by the PublicEngines Services and PublicEngines' substantial investments in such services as described herein, such that a violation of Section 4 or 5 of these TOU by you will result in irreparable harm to PublicEngines for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of these TOU (including any Rules), PublicEngines shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that PublicEngines will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.
22. GENERAL. These TOU shall be governed in all respects by the laws of the State of Utah, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Utah, County of Salt Lake, USA, and further agree that any cause of action arising under or relating to these TOU or your use of any PublicEngines Services shall be brought exclusively in such venue. Notwithstanding the foregoing, PublicEngines may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. In the event of any dispute between you and PublicEngines arising under or relating to these TOU or your use of any PublicEngines Services, in which PublicEngines is the prevailing party, you agree that you will pay PublicEngines' reasonable attorneys' fees in connection with PublicEngines’ commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against PublicEngines. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The term 'including' means 'including without limitation.' PublicEngines' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These TOU (including the Rules) set forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
23. Changes and updates to these TOU. These TOU are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on PublicEngines Site. Any changes to these TOU will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on PublicEngines Site. These changes will be effective immediately for new users of the PublicEngines Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of the PublicEngines Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
24. APP STORE NOTICES
The following additional terms and conditions apply to you if you are using a Mobile App from the Apple App Store.
- Acknowledgement: PublicEngines and you acknowledge that these TOU are concluded between PublicEngines and you only, and not with Apple, and PublicEngines, not Apple, is solely responsible for the Mobile App and the content thereof. To the extent these TOU provides for usage rules for the Mobile App that are less restrictive than the Usage Rules set forth for Mobile Apps in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
- Scope of License: The license granted to you for the Mobile App is limited to a non-transferable license to use the Mobile App on an iPhone OS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Maintenance and Support: PublicEngines is solely responsible for providing any maintenance and support services with respect to the Mobile App, as specified in these TOU, or as required under applicable law. PublicEngines and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
- Warranty: PublicEngines is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PublicEngines' sole responsibility.
- Product Claims: PublicEngines and you acknowledge that PublicEngines, not Apple, is responsible for addressing any claims of you or any third party relating to the Mobile App or your possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These TOU does not limit PublicEngines' liability to you beyond what is permitted by applicable law.
- Intellectual Property Rights: PublicEngines and you acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party's intellectual property rights, PublicEngines, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Name and Address:
Any questions, complaints, or claims about these TOU should be addressed to firstname.lastname@example.org, or by mail to:
11781 S. Lone Peak Parkway, Suite 200
Draper, Utah 84020
- Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Mobile App.
- Third Party Beneficiary: PublicEngines and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these TOU, and that, upon your acceptance of the terms and conditions of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU against you as a third party beneficiary thereof.