- No Reverse Engineering. You may not, and you will not encourage, assist, or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the App or the Website, whether in whole or in part, or create any derivative works based upon the App or the Website, except in accordance with open source licenses to the extent any components of the App are open source.
No Illegal Use and Compliance with Third-Party Terms.
You may not use the App, the Website, or any other Services for any illegal purpose. In addition, you must use the App, the Website, and other Services in compliance with all terms applicable to any third-party services in connection with which you use them, including, but not limited to, terms applicable to your use of the iPad® and the Gmail™ email service.
Intellectual Property and Reservation of Rights.
- BIRDSEYE™ and all other trademarks, logos, and service marks displayed in the App or on the Website are registered and unregistered trademarks of ours and/or third parties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks, logos, or service marks in any way. iPad® and other Apple marks and logos are trademarks or service marks of Apple Inc. registered in the U.S. and other countries, and are in no way affiliated with us. Gmail™ and other Google marks and logos are trademarks or service marks of Google Inc. registered in the U.S. and other countries, and are in no way affiliated with us.
- Export Regulations. You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the App, and not to transfer, or encourage, assist, or authorize the transfer of, the App to a prohibited country or otherwise in violation of any applicable restrictions or regulations.
Disclaimer of Warranties and Limitation of Liability.
- The App, the Website, and other Services are intended solely for your personal enjoyment. We are not responsible for any inaccurate information you may access through the App, the Website, or other Services.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF THE APP, AND ANY OTHER ACCESS TO THE APP, THE WEBSITE, OR OTHER SERVICES, ARE AT YOUR SOLE RISK. THE APP, THE WEBSITE, AND OTHER SERVICES ARE DELIVERED TO YOU "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DE-DE, ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, LICENSORS AND DISTRIBUTORS, WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED, APPLE, GOOGLE, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS ("RELEASED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ANY RELEASED PARTY BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, (II) FOR NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APP, THE WEBSITE, OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APP, OR (III) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. DE-DE’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $1.00 (U.S.) OR THE PRICE PAID FOR THE APP (WHICHEVER IS GREATER), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE DE-DE’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF DE-DE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND FOREIGN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
- Feedback and Content Submitted. Any feedback, comments, suggestions, and associated content you may provide to us (“User Feedback”) regarding the App, the Website, or other Services are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise exploit User Feedback as we see fit and without any payment or other obligations to you. You may choose to participate in discussion boards or other public discussion or comment functions on the Website, and if you do so, we may use in connection with your comments your name or the username using which you post comments.
- Changes to the Services. We may modify, suspend, discontinue, or terminate your right to use part or all of the App, the Website, or any other Services at any time without notice to you, and in that event we may modify the App to make it inoperable and otherwise discontinue any or all Services. We will not be liable to you should we exercise those rights.