APPLICATION TERMS OF USE

Last modified: April 19, 2019

ScribbleUp, LLC, a Delaware limited liability company (the “Company”), and its mobile application (the “Application” or “App”) and related services (the “Services”), are offered to you, the user (“You” or “User”), conditioned upon Your acceptance of the terms, conditions, and notices contained herein without modification (the “Agreement”).

You should review this Agreement carefully before accepting it. If You breach the terms of this Agreement, Your authorization to use the Application and the Services will automatically terminate.

BY YOUR AFFIRMATIVE ACT OF ACCESSING, DOWNLOADING AND/OR USING THE APPLICATION AND SERVICES, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT, AS WELL AS THE TERMS OF OUR PRIVACY POLICY (AS, IF AND WHEN A PRIVACY POLICY IS APPLICABLE).

1. ABOUT THE APPLICATION. The Application and Services are provided by the Company, its subsidiaries, affiliates and successors, and use of the Application and Services are governed by this Agreement.  Further, while the Company offers the Application and Services, feedback from You is important; therefore, You understand and agree that the Company may gather information relating to, and contact You about, Your experience with the Application and Services.

2. REGISTRATION. You may sign up for the Application and Services by downloading the App.  Upon termination of this Agreement, and in order to continue use of any future commercially available version of the Application and Service, all users will be required to agree to the Company’s then-current Terms of Use and Privacy Policy. To the extent that You or the parent or guardian of a child under the age of 13 download the App or create an account for a child under the age of 13 in connection with the App, Company may collect first and last names and e-mail addresses in connection with such account for the sole purpose of rendering the App, and will otherwise take steps to maintain the confidentiality, security, and integrity thereof. Children under 13 years of age that use the Application and Services under Your supervision are not permitted to provide or upload any personal information.

3. LICENSE GRANT.  The Company grants You a personal, limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Application and Service. This license does not entitle You to receive from the Company hard-copy documentation, support or telephone assistance regarding the Application and Services, and any such support will be provided by the Company in its sole and absolute discretion. Although the Company is considering making available updates and future commercial versions of the Application and Service, it is under no obligation to do so. The Company reserves the right to alter features, licensing terms, or other characteristics of any version of the Application and Services. THE APPLICATION AND SOME SERVICES MAY CEASE WORKING ON A DATE PREDETERMINED BY THE COMPANY (THE “TIMEOUT DATE”).

4. FEEDBACK.  It is expressly understood, acknowledged and agreed that You may provide to the Company reasonable suggestions, comments and feedback regarding the Application and the Services, including but not limited to usability, bug reports and test results (collectively, the “Feedback”). If You provide such Feedback to the Company, You shall grant the Company the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any the Company product, technology, service, specification or other documentation (individually and collectively, the “Company Products”); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Company Product; (iii) solely with respect to Your copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Company Product, technology or service. Further, You warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any Company Products that incorporate any Feedback.

5. SERVICES. You acknowledge that the Application and Services may contain errors, bugs, or other problems. The Company is under no obligation to provide You with any error corrections, fixes and/or enhancements to the Application and Services.

6. DISCLAIMER.  THE APPLICATION AND SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, THE COMPANY  EXPRESSLY DOES NOT WARRANT THAT THE APPLICATION AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE APPLICATION AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE APPLICATION AND SERVICES YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE APPLICATION AND SERVICES.

7. LIMITATION OF LIABILITY.  THE COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OF THE APPLICATION AND SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF FEES PAID TO THE COMPANY BY YOU UNDER THIS AGREEMENT OR TEN DOLLARS ($10.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. CHANGES TO THIS AGREEMENT. The Company will update this Agreement from time to time in its sole discretion. You must, therefore, review the Agreement each time it is presented to You for acceptance and confirm that You agree to the revised terms before You may install and use new Applications and Services.

9. YOUR REPRESENTATIONS. You represent and warrant that (a) You understand and will abide by the terms of this Agreement, (b) You have the capacity to agree to these terms, (c) You will use the Application and Services only for lawful purposes and in accordance with this Agreement, and (d) You will not use the Application and Services in violation of any law, regulation, or ordinance, or any right of the Company, its licensors, or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. You agree to indemnify the Company, its licensors, officers, agents, employees and directors for any damages incurred as a result of a violation of this paragraph.

10. TERMINATION. The Company reserves the right, in its sole discretion, to terminate Your access to all or part of the Application or a Service at any time, with or without notice. Your right to use the Application or any particular Service shall terminate on the earlier of (i) the Timeout Date, (ii) thirty (30) days following the Company’s general release of a replacement future version of the Application or that Service, or (iii) termination of this Agreement. Additionally, this Agreement and Your right to use the Application and Services shall terminate immediately and without notice should You breach this Agreement. In the event of any termination of this Agreement or Your rights hereunder, all paragraphs except paragraph 3 (License Grant) shall survive such termination and You agree to continue to be bound by those terms. Upon termination, You shall destroy all copies of the Application.

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