East 34, LLC
Effective: January, 01, 2016
East 34 is committed to safeguarding the information you entrust to East 34 and believes that every User should know how it utilizes the information collected from Users. Please note that the App may contain links to other websites, and the App allows Users to download, incorporate or otherwise access Content (including software), controlled by third parties. East 34 is not responsible for the privacy practices of these or any other websites or Content controlled by third parties, and you access and utilize such Content and websites entirely at your own risk. East 34 recommends that you review the privacy and other practices governing any other websites that you choose to visit and any Content you wish to download or otherwise access.
The App is not directed at children under thirteen (13) years of age, and East 34 does not knowingly collect Personal Information from children under thirteen (13) years of age via the App. If you believe we have information about a child under 13 through improper means, please notify us at [email@example.com].
The Information East 34 Collects
Because the purpose of the App is to deliver a unique, personalized experience for each user, East 34 collects a variety of personally identifiable information about you through your use of functionality contained in the App, including the user registration process, responses, postings, Content uploads, interaction with third party apps, communications with East 34 and interaction with the App. The personally identifiable information (“Personal Information”) collected on or through the App may include some or all of the following: your name, address, telephone number(s), email addresses, text messaging information and other contact information associated with electronic or digital messaging methods, social media accounts, photographs, messages, ratings, reviews, demographic information, and any other information or Content you may voluntarily provide. Additionally, we may collect passwords, logins, individual device identifiers, check-ins, page views, Content uploads and other information about how you interact with the App. Further, we may use technologies such as location-based information from the device to provide visitors with tailored information and features upon each use. You will have the choice whether or not to disclose certain Personal Information in the above activities; however, some parts of the App and some services may be more difficult or impossible to use if you choose not to disclose Personal Information and your experience in using the App will not be as personally tailored. Certain Personal Information must be disclosed before you will be able to access any part of the App. While not all of the information that we collect from you is personally identifiable, it may be associated with personally identifiable information that you provide us through the App or otherwise. Non-personally identifiable information collected by East 34 is exclusively owned by East 34 and may be used as it sees fit in accordance with applicable law.
Use of Information
The App is a mobile service provided by East 34, its partners and affiliates. East 34 may share Personal Information collected through the use of this App with these partners and affiliates. Additionally, East 34 may engage service providers to perform various functions relating to the App, and those service providers may have access to your Personal Information in order to perform those functions.
Ways in which we may use your Personal Information are: (1) to understand your use of the App and to make improvements to our App and our other products and services (including, without limitation, any other existing and future products and services); (2) to fulfill our service offerings; (3) to register you for online activities such as online ordering, mobile registration, or any other online interactive activities; (4) to respond to specific requests from you; (5) to provide tailored information and features regarding your use of the App; (6) to provide any necessary notices to you if situations prompt such notification; (7) to protect the security or integrity of the App if necessary; (8) to administer the App in general, and (9) to promote and market East 34 and its related sponsors, partners and businesses, and various products and services and to assist in the business planning, marketing, advertising and sales efforts of the foregoing parties. Information collected from you may also be used to ensure compliance with certain terms and conditions and agreements entered between you and East 34 as well as to prevent unauthorized use or disclosure of Content downloaded or otherwise accessed via the App.
East 34 may communicate with you through email and notices via the App. These may include a series of welcome emails, messages, or notifications which help inform new Users about various features of the App, emails and/or confirmations regarding actions taken by you on the App or orders placed by you through the App, and notices relating to the proper functioning of the App or your account. East 34 may use your Personal Information to send you promotional information, products and services offered by third parties that East 34 feels may be of interest to you. The Personal Information you provide will allow East 34 to alert you to new developments, features and enhancements, special offers, upgrade opportunities, news and general offers. We strive to limit use of the information you provide to those offers that we think you would appreciate receiving. We may send East 34 electronic communications via email or the App that may contain information regarding third-party products or services; however, this doesn’t mean that we’ve traded your Personal Information to any party.
East 34 may allow other companies, called ad networks, to serve advertisements to Users via the App. Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms. East 34 may “target” some ads to Users that fit a certain general profile. To deliver these ads properly, the App may include features that allow monitoring technologies so ad networks may provide anonymous, aggregated auditing, research, and reporting for advertisers as well as to target ads to you. Ad networks may use non-personal information, such as your state, zip code, or past behavior, in order to provide advertisements about goods and services that may be of particular interest to you while you use the App.
East 34 may share Personal Information with third parties under the following additional circumstances: (1) at the request of law enforcement or governmental agencies or in connection with a court order, subpoena, government investigation, or when otherwise required by law; (2) in the event of a potential sale, merger, acquisition, or similar event relating to East 34 or the App; (3) working with third-party companies to support or perform various functions of the App’s technical operation or execute a specific promotion or program; (4) to facilitate your transactions with our third-party partners; (5) to establish, protect or exercise East 34’s legal or other rights, to defend against a legal claim or as otherwise allowed by law; (6) to protect the rights, property or safety of a user or any other person; and (7) to investigate or prevent a violation by you of any contractual or other relationship with us or the perpetration of any illegal or harmful activity. East 34 may also disclose aggregate, anonymous data based on information collected from you to investors, advertisers and potential partners.
Removal, Sharing and Revision of Personal Information
If your Personal Information changes, or if you no longer desire to receive non-account specific information from East 34, we will endeavor to provide a way to correct, update and/or remove your previously provided Personal Information. This can be done by emailing a request to us at [firstname.lastname@example.org] or using the functionality contained in the App (if any). Additionally, you may request access to your Personal Information as collected by us by sending a request to us as set forth above. Otherwise, East 34 will retain your Personal Information for as long as your account and use of the App remain active and for a period of time after that in order to provide you with the unique functionality of the App. Please note that while East 34 may remove your Personal Information from its systems, certain non-identifiable information may be retained and used by East 34 for commercial purposes.
Personal Information, Disclosure, Opt-Out
You always have the option to opt-out of having your Personal Information disclosed by East 34 to third parties that are not agents or service providers of East 34 or to opt-out of having your Personal Information used for direct marketing purposes. If you would like to opt-out of such further disclosures or direct marketing, please contact us at [email@example.com]. Please note that, even if you so opt-out, your Personal Information may still be disclosed to third parties to the extent that you affirmatively provide it to third parties using the App (e.g., by posting it or logging into third party accounts using functionality in the App).
Protection of Personal Information
Information about Users that is maintained on East 34’s or East 34’s provider’s systems is protected using industry standard security measures. In order to secure your Personal Information, access to your data is password-protected, and sensitive data is protected by SSL encryption when it is exchanged with the App. However, no security measures are perfect or impenetrable, and East 34 cannot guarantee that the information submitted to, maintained on or transmitted from its systems will be completely secure. East 34 is not responsible for the circumvention of any privacy settings or security measures contained on the App by any Users or third parties. As such, East 34 recommends that you use caution whenever submitting Personal Information online.
In the event a User includes such User’s Personal Information as part of the User Content that such User posts to the App, such information may be made available to any parties using the App and/or such User Content. East 34 may, but does not have the obligation to, edit or otherwise remove such information from User Content before it is posted on the App. If a User does not wish to have such User’s Personal Information made available in this manner, such User must remove any such information from the User Content before posting. User contact information (which may include, without limitation, a User’s username and email address) may be included with any User Content that a User posts via the App. East 34 is not liable for any damages caused or incurred due to Personal Information made available in the foregoing manners.
Interaction with Other Services
In the event that East 34 goes through a business transition, such as a merger, another company acquires East 34 or its affiliates, or East 34 sells a portion of its assets, your Personal Information will, in most instances, be part of the assets transferred. East 34 will endeavor to inform you of any exchange and its effects via notice on our App. If as a result of a business transition, your Personal Information will be used in a manner different from that stated at the time of collection, you will be given the choice to opt out.
East 34, LLC
45 East 34th Street
New York, NY 10016
Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request certain information regarding East 34’s disclosures of Personal Information to third parties for such third parties’ direct marketing purposes. If user is a California resident and would like to make such a request, please email East 34 at [firstname.lastname@example.org].
East 34, LLC
Effective: January, 01, 2015
This is an agreement (“Agreement”) between East 34, LLC, a New York limited liability company (“East 34”), and any person or entity (“you”, “your”, or “User”) who downloads, accesses, registers an account for, views, or otherwise uses East 34’s mobile application and related content, software and/or services (the “App”). East 34 and User are collectively referred to as the “parties.” The disclaimers, terms and conditions in this Agreement are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by East 34 or its partners or affiliates, including through additional processes or other means, and shall be incorporated by reference. In the event of a conflict between this Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
BY CLICKING THE ACCEPTANCE BUTTON (INCLUDING ANY “I AGREE” OR “I ACCEPT” BUTTON) OR BY REGISTERING AN ACCOUNT, LOGGING INTO AN ACCOUNT, DOWNLOADING, USING, OR OTHERWISE ACCESSING ANY PART OF THE APP, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, USER MUST SELECT THE BUTTON INDICATING NON-ACCEPTANCE. IN SUCH EVENT, EAST 34 WILL PROMPTLY CANCEL THIS TRANSACTION AND USER SHALL NOT REGISTER AN ACCOUNT, LOG INTO AN ACCOUNT, USE, OR OTHERWISE ACCESS ANY PART OF THE APP AT ANY TIME.
East 34 is willing to license, not sell, the App to you only upon the condition that you accept all the terms contained in this Agreement. By signing up with, downloading, or using the App, you indicate that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then East 34 is unwilling to license the App to you.
The App is generally available through Apple App Store, Google Play, and potentially other mobile application marketplaces. The following applies to any version of the App that you acquire from the Apple App Store or Google Play. This Agreement is entered into between you and East 34. Neither Apple, Inc. (“Apple”) or Google, Inc. (“Google”) are parties to this Agreement. Apple and Google shall not have any responsibilities or obligations with respect to the App. East 34, not Apple or Google, is solely responsible for the App and the content thereof as set forth in this Agreement. However, Apple and/or Google, including their respective subsidiaries, are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and/or Google, as applicable, shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple online and the Google Play Terms of Service published by Google online for the purposes of which you are “the end user” as described or detailed in those agreements. In the event of a conflict between the terms of the Licensed Application End User License Agreement published by Apple or the Google Play Terms of Service published by Google and this Agreement, the terms of this Agreement shall control.
You may not use the App and may not accept to the terms and conditions of this Agreement if (a) you are not of legal age to form a binding contract or (b) you are a person barred from receiving the App under the laws of the United States or any other country, including the country in which you reside or from which you use the App.
You may obtain a copy of this Agreement by visiting www.chumchum.com or by emailing East 34 at [email@example.com].
1. App Terms
a. Description. The App is proprietary to East 34 and is protected by intellectual property laws and international intellectual property treaties. User’s access to the App is licensed and not sold. East 34 hereby reserves all rights not expressly granted to User, including, but not limited to, the right to alter, modify, update, enhance, improve, or create derivative or collective works incorporating the App.
b. The App. Subject to the terms of this Agreement, East 34 grants to User, and User hereby accepts, a limited, nonexclusive, nontransferable, revocable right and license to use the App for User’s personal use. User is not permitted to use the App in excess of the usage limitations set forth in this Agreement or in any manner not expressly authorized by this Agreement or applicable law. As between User and East 34, User acknowledges that all ownership of the App belongs to East 34. Neither User nor User’s employees may copy, sell, license, share, or otherwise transfer the App to any other user(s). At East 34’s sole discretion and without prior notice or liability, East 34 may discontinue or alter any aspect of the App, remove Content (as defined herein) from the App, restrict the time the App is available or the amount of use permitted. User agrees that such measures shall be taken in East 34’s sole discretion and without liability to you or any third party.
c. Third Party Accounts. As part of the functionality of the App, User may be able to login into the App and obtain data and information, including User Content, through third party service providers, including but expressly not limited to social media service providers (each such account, a “Third Party Account”), by providing your Third Party Account login information through the App, as permitted under the applicable terms and conditions that govern User’s use of each Third Party Account. User represents that User is entitled to disclose User’s Third Party Account login information to East 34 (including, but not limited to, for use for the purposes described in this Agreement), without breach by User of any of the terms and conditions that govern User’s use of the applicable Third Party Account and without obligating East 34 to pay any fees or making East 34 subject to any usage limitations imposed by such third party service providers.
d. Content. User acknowledges that the App may contain or provide access to data, information, software, photos, text, graphics, messages, ratings, reviews, or other materials (collectively, “Content”) provided by East 34 or third parties that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. Content posted or transmitted by a User or other users via the App, whether directly or indirectly (“User Content”), is the intellectual property of the specific users of the App who post or provide such User Content. By posting, entering, delivering or acknowledging the accuracy of User Content, you hereby grant to East 34 a limited, transferable, nonexclusive, worldwide perpetual, irrevocable, fully paid-up, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, transmit, sell, sublicense, and create derivative works and compilations for commercial purposes, based on or incorporating such User Content. In addition, you warrant that all so-called “moral rights” in such User Content have been waived. East 34 does not and will not monitor or otherwise remove User Content after it is posted on the App except as required or permitted by law or otherwise in the sole discretion of East 34, and East 34 reserves the right to remove any and all material that, in its sole and absolute discretion determines is actually or potentially inappropriate, offensive, illegal, or harmful in any representations regarding any of the User Content. East 34 does not approve, endorse, sanction, encourage, verify or agree with any User Content, including any message, rating, or review posted by its users or otherwise embodied in the Content or User Content. East 34 is not and will not be liable for any Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable. For avoidance of doubt, references to Content shall include User Content.
e. Community Standards and Conduct. User acknowledges that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. User is responsible for all Content that User posts or otherwise transmits via the App. East 34 does not control all of the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using any forum, messaging service or feature, commenting service or feature, rating service or feature, or review service or feature on the App, User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will East 34 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the App.
User agrees not to use the App to:
upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an East 34 employee or representative, moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App;
upload, post, or otherwise transmit any Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the App are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges;
interfere with or disrupt the servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
intentionally or unintentionally violate any applicable local, state, national or international law;
“stalk” or otherwise harass another user of the App; or
collect, store or use personal data about other users.
Unless otherwise specified, all communications through the App are public and not private communications. Although East 34 reserves the right to remove without notice any posting for any reason, East 34 has no obligation to delete Content that you may find objectionable or offensive.
User’s privilege to use the App depends on User’s compliance with the guidelines set forth above. East 34 may revoke User’s registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to East 34’s attention. Further, East 34, in its sole discretion, may terminate User’s account for any reason. User acknowledges that by providing East 34 with the ability to distribute User Content, East 34 is acting as a passive conduit for such distribution and East 34 is not undertaking any obligation or liability relating to any User Content or activities on the App.
f. Accessibility of the App. User understands and agrees that from time to time the App may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions with the technology hardware used in accessing the App; (ii) periodic maintenance procedures or repairs which East 34 may undertake from time to time; or (iii) causes beyond the control of East 34 or not foreseeable by East 34.
g. Links. As a service to our Users, we may provide information about other resources that may be of interest to you. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third party links or Content by East 34 is not intended to be an endorsement, sponsorship, or recommendation by East 34. Please be aware that when a User exits the App, the User shall be subject to the policies of any new site or application which the User enters. User further acknowledges and agrees that East 34 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any third party site or resource.
h. Equipment. User shall be solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for User’s use of the App as may be specified by East 34 from time to time, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, and programs and services required to access and use the App.
i. Reverse Engineering. Modification, reverse engineering, reverse compiling, or disassembly of the App is expressly prohibited.
a. Security. User shall be solely responsible for the security, confidentiality, and integrity of all information that User receives, transmits through or stores on the App. User shall be solely responsible for any authorized or unauthorized access and use of User’s account by any person. User has the affirmative responsibility to monitor and control access to User’s account information. If at any time User learns or suspects that User’s account information has been disclosed or otherwise made known to any person other than User, User will immediately notify East 34. User will bear all responsibility for the confidentiality of User’s passwords and all use or charges incurred from use of the App through User’s account(s).
3. Intellectual Property
a. East 34 Intellectual Property. The intellectual property utilized in providing the App is the valuable, confidential, and copyrighted property of East 34. User may use the App as permitted in this Agreement and may not otherwise modify, adapt, translate, or create derivative works based on the App without the prior written consent of East 34. As between the parties, East 34 owns all right, title, and interest in and to the App, including without limitation, all ancillary and interface software, all current and future enhancements, revisions, new releases and updates thereof and any derivative works based thereon and all documentation thereto, all copyrights, trademarks, trade secrets, patents, and goodwill therein, and all images, photographs, illustrations, graphics, audio and video therein other than User Content. As between the parties, East 34 shall retain all rights in any records or messages, viewed or sent by User using the App. All trademarks, service marks, and logos used on the website or through the App are the trademarks, service marks or logos of East 34 or their respective owners.
4. User Representations
5. Prohibited Uses
a. General. User agrees to only use the App in a manner consistent with any and all applicable laws and regulations. User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the App, which includes, without limitation, use of the App to: (a) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (b) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property rights of any person; (c) interfere, disrupt or attempt to gain unauthorized access to other accounts on the App or any other computer network; (d) disseminate, store or transmit viruses, Trojan horses or any other malicious code or program; (e) violate any statute, law, rule or regulation or otherwise violate the legal rights of a third person; or (f) engage in any other activity deemed by the East 34 to be in conflict with the spirit or intent of this Agreement. East 34 reserves the right, but shall not have any obligation, to prohibit any User from using the App that does not comply with these prohibitions.
b. User Content. In the event you use User Content that embodies or otherwise contains User Content of another user, you agree to comply with the following restrictions regarding such User Content or other information contained or embodied therein: (a) such User Content (i) is the confidential information of East 34, (ii) you may use such User Content for your personal needs only in accordance with the terms of this Agreement, (iii) you may not disclose such User Content to third parties, and (iv) you will use best efforts to safeguard such User Content from unauthorized use or disclosure; (b) you may not, nor will you allow any other party to, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, or create derivative works or compilations incorporating such User Content; (c) you will not otherwise violate any additional legal or contractual restrictions governing use of the User Content; and (d) you will not obscure or remove any proprietary rights notices contained in or on such User Content.
6. Term and Termination
a. General. This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement immediately for any reason by deleting User’s account and not accessing the App in anyway. This Agreement may terminate automatically, upon the election of East 34, without notice from East 34 if User fails to comply with any provision of this Agreement. User agrees that East 34 may immediately terminate User’s access to the App or any part thereof in the event East 34 believes User have violated this Agreement or if East 34 determines that User are a repeat infringer of another’s intellectual property or other rights. Upon termination, User shall terminate use of the App. Upon termination of this Agreement, User shall not be entitled to any refund, compensation, or any credit(s) in connection with this Agreement.
b. Additional Methods of Termination of App. East 34 reserves the right, in its sole discretion and at any time and for any or no reason, to terminate the terms of this Agreement as to the App upon five (5) days’ notice to User. Further, you agree that East 34 shall not be liable to you or any third party for any termination or suspension of your access to the App, any part thereof.
7. Disclaimer of Warranties
THE APP IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE APP IS AT USER’S SOLE RISK. EAST 34 DOES NOT WARRANT THAT USER’S USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES EAST 34 MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY CONTENT OR AS TO ANY RESULTS OR MESSAGES THAT MAY BE TRANSMITTED OR OBTAINED BY USE OF THE APP. EAST 34 MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, TITLE, NON-INFRINGEMENT OR TIMELINESS, IN RELATION TO THE APP. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE APP OR ANY INFORMATION OR CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, INACCURATE OR INCOMPLETE INFORMATION. East 34 is not a backup service for storing User Data, and East 34 shall have no liability regarding any loss of User Data. Users are solely responsible for creating backups of any User Data uploaded using the App.
EAST 34 DOES NOT WARRANT THAT USE OF THE APP WILL RESULT IN USER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND USER UNDERSTANDS AND ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR ENSURING ITS COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EAST 34 OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR AUTHORIZED RESELLERS, DISTRIBUTORS OR AGENTS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE APP OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE APP, ANY CHANGES TO OR INACCESSIBILITY OF THE APP, ANY INACCURACY OR INCOMPLETENESS OF THE CONTENT OR INFORMATION CONTAINED IN THE APP, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE APP OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APP, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL EAST 34 OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR AUTHORIZED RESELLERS, DISTRIBUTORS OR AGENTS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL PURCHASE PRICE AND/OR FEES PAID, IF ANY, BY USER TO EAST 34 HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE APP, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE APP AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
EAST 34 IS NOT AN INSURER WITH REGARD TO THE PERFORMANCE OF THE APP. THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF LIABILITY AND REMEDY ARE A REFLECTION OF THE RISKS ASSUMED BY THE PARTIES IN ORDER FOR USER TO OBTAIN THE RIGHTS TO USE THE APP AT THE SPECIFIED PRICE, IF ANY. USER AGREES TO ASSUME THE RISK FOR: (i) ALL LIABILITIES DISCLAIMED BY EAST 34 CONTAINED HEREIN; AND (ii) ALL ALLEGED DAMAGES IN EXCESS OF THE AMOUNT, IF ANY, OF THE LIMITED REMEDY PROVIDED HEREUNDER.
User will indemnify, hold harmless and defend East 34, its authorized resellers, distributors and agents, any affiliates or subsidiaries of the foregoing and any members, officers, employees and agents of the foregoing, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) User’s use of the App, including any data or work transmitted or received by User; (c) infringement or misappropriation of any intellectual property or other rights of East 34 or third parties by User; and (d) any unacceptable use of the App by User or through User’s account, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable under Section 6 of this Agreement.
10. Copyright and Copyright Notices
East 34 respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please email the following information to East 34’s Copyright Agent at [firstname.lastname@example.org]:
a. Signature. Please provide an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
b. Description of Copyrighted Work. Please provide a description of the copyrighted work that you claim to be infringed;
c. Description of Location. Please provide a description of where the material that you claim is infringing is located on the App sufficient to allow East 34 to locate the allegedly infringing material.
d. Contact Information. Please provide your address, telephone number, and email address;
e. General Statement. Please provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. Accuracy. Please provide a statement, made under the 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.
a. Independent Contractors. The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. East 34 shall have the right, at any time, to add to or modify the terms of this Agreement concerning the use of the App, simply by posting such amended terms via the App. User’s access to or use of the App after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms. User acknowledges that User has a responsibility to periodically review the most recent version of this Agreement for updates, modifications, and amendments that govern User’s use of the App.
c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
e. Notice. Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either party’s last known post office, facsimile or email address, respectively. User hereby consents to notice by email. Unless otherwise provided in this Agreement, all notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party. East 34 may send User via such email address East 34 newsletters, product updates, service-related information and other offers and information from East 34 or its business partners, and User hereby consents to such emails. East 34 also may contact User by email to respond to any customer service or other inquiries User submits.
f. Law. This Agreement shall be treated as though it were executed and were to be performed in the State of New York in the United States of America. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded, but such rights and obligations will instead be governed by the laws of the State of New York in the United States of America. This Agreement shall be interpreted in accordance with and governed by the laws of the State of New York in the United States of America, without regard to conflict of law principles.
g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in or serving New York County in the State of New York in the United States of America. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts located in or serving New York County in State of New York in the United States of America. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts located in or serving New York County in State of New York in the United States of America and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court located in or serving the State of New York in the United States of America.
h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts located in or serving the State of New York in the United States of America.
i. Action. No action arising under this Agreement may be brought by User more than one (1) year after the cause of action has accrued.
j. Equitable Relief. The parties agree that breach of the provisions of this Agreement, including, but not limited to, the unauthorized use or duplication of the App, would cause irreparable harm and significant injury to East 34 which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that East 34 has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies East 34 may have for User’s breach of this Agreement.
k. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
l. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
m. Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
n. Survival. The terms and provisions of Sections 2(a), 3, 4, and 6-11 shall survive any termination or expiration of this Agreement.
o. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the App and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the App.
p. Contact. This App is operated by East 34. All inquiries may be directed to East 34 at [email@example.com].