USER TERMS AND CONDITIONS
THIS AGREEMENT CONTAINS THE COMPLETE TERMS AND CONDITIONS THAT GOVERN USE OF THE COMPANY WEBSITE(S). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES OR CONTENT, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
2. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If Company believes the informa- tion you provide is not correct, current, or complete, Company has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of Company’s websites, you warrant to Company that you will not use the web- sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
4. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand, or frame any Company websites without the express prior written permission of an authorized representative of Company. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or con- tent accessible within this site. For purposes of this Agreement, “framing” refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Company.
5. NO UNLAWFUL ACCESS. In addition, you agree that you will not use Company’s websites in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party’s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.
6. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Company’s websites are for your per- sonal and non-commercial use, unless otherwise specified. You may not use any Company site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Company. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any in- tellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company’s websites.
7. PROPRIETARY INFORMATION. All content found on the Company websites (“Content”) is con- sidered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the works contained on any Com- pany website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of Company, except that you may print out and/or save a copy of the Content for personal use.
8. SUBMISSIONS. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Company through this site (“Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any simi- larities that may appear in future Company operations or business.
9. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to users and are not spon- sored by, endorsed or otherwise affiliated with this site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company website to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
10. USE OF COMMUNICATION SERVICES. Company’s websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, cal- endars, and/or other message or communication facilities designed to allow you to communicate with the internet community or with a group (collectively “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communica- tion Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that, at the discretion of Company:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or other- wise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, display- ing sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue or otherwise affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and sur- veys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that nei- ther Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
11. RIGHT TO TERMINATE ACCESS. Company reserves the right to monitor use of this site to de- termine compliance with this Agreement, as well as the right to edit, refuse to post or remove any in- formation or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason what- soever.
12. DISCLOSURE UNDER LAW. Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. PERSONALLY IDENTIFIABLE INFORMATION. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service.
14. DISCLAIMER & LIMITATIONS ON LIABILITY. Company cannot and does not guarantee or warrant that files available for downloading from the Company websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your phone(s), computer(s) or net- work(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your phone(s), computer(s) and network(s), and that you will maintain ade- quate means of backup of your personal data, external to this website. Company further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date. Company further disclaims any responsibility for any damages or injury, including but not limited to those caused by the acts, or failure(s) to act on the part of other users, whether pursuant to the rideshare program or otherwise, and whether for breach of contract, tortious behavior, negligence or any other cause of action.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON- INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
15. INDEMNITY. You agree to indemnify and hold Company, its subsidiaries, affiliates, licensors, con- tent providers, service providers, employees, agents, officers, directors, and contractors (“Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all result- ing loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of this site.
16. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Company or the party that provided said intellectual property to Company. Company and any party that provides intellectual property to Company retain all rights with respect to any of their respective intellectual property appearing on this site.
17. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that con- stitutes copyright infringement, please provide Company with the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that your copy- righted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copy- right interest:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, in- cluding the current website address;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is unauthor- ized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s address for notice of claims of copyright infringement on its site is 401 Greenwich Street, New York, NY 10013.
18. SECURITY. Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Com- pany reserves the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to in- vestigate suspected violations of this Agreement. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.
19. NETWORK CHARGES. It is advised to have an appropriate flat-fee data plan if You are using the Licensed Application frequently. Depending on Your specific data plan and Your mobile operator or provider, You may be charged for the amount of data, SMS, MMS and air time You may consume via Your mobile handset when You download or access the Licensed Application or other services through the Licensed Application (hereinafter “Network Charges”). You are specifically being warned that Network Charges may be considerably higher when You are roaming outside Your home network. You hereby confirm that You have the sole responsibility to pay any such Network Charges and You specifically wave any claim towards any one of the Licensed Application vendors regarding Your Network Charges.
20. LOCATION BASED SERVICES. To provide location-based services, Application Provider and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of Your mobile device. This location data is collected anonymously in a form that does not personally identify You and is used by Application Provider and our partners and licensees to provide and improve location-based service.
21. DRIVING DISCLAIMER.. Drivers are forbidden to operate iTaxi Driver while driving. You have the full and sole responsibility to drive safely and carefully. You should always give priority to the traffic rules, traffic signs, traffic conditions and road conditions that apply in the specific area You are driving in. The laws concerning the use of a mobile device in a taxi vary from one city to another, and may also change. You are entirely responsible to check the relevant laws about using a mobile device in a vehicle in the cities where You use it.
22. PAYMENT TERMS. The License Provider, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract. The License Provider may change the fees for the Service as deemed necessary.
23. REFUND POLICY. License Provider offers a free promotional period for use of the iTaxi Driver, iTaxi Rider and iTrafficCam apps. Once You subscribe to the Licensed Application, You may choose to make payments on a annual, annual recurring, or lifetime basis. Once a subscription payment has been made, You will not be entitled to a refund, in whole or in part, for canceling Your subscription early. You may cancel Your subscription at any time through Your account on iTaxi Rider, iTaxi Driver, or iTrafficCam. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption of Service either planned, accidental or intentional, or for any reason whatsoever.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
24. MISCELLANEOUS. This Agreement will be governed and interpreted pursuant to the laws of New York, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdic- tion in New York in connection with any dispute between you and Company arising out of this Agree- ment or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclu- sive venue for any dispute between the parties arising out of this Agreement will be in the state and fed- eral courts in New York, New York. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint ven- ture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of Company’s websites. This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Company with respect to Com- pany’s websites. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise this Agreement at any time by updating this posting.