End User License Agreement
Last updated: February 8, 2018
This End User License Agreement (this “Agreement”) governs your access to and use of the CDMaker mobile application, including the application’s software, computer code, data, trademarks, logos, slogans, names of products and services, text, graphics, interfaces, other content, documentation, and other components (together, the “App”).
- Application Marketplaces. Unless expressly stated otherwise, this Agreement does not modify any rules, terms, or conditions set forth in any application marketplace, including without limitation the Apple Platform Store and Google Play (each, an “Platform Marketplace”). If the Platform is downloaded from the Apple Platform Store, Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement are incorporated into this Agreement to the extent necessary for this Agreement to comply with such terms. This Agreement is entered into between you and CDMaker and not between you and any Platform Marketplace. You further acknowledge that CDMaker, and not any Platform Marketplace, is solely responsible for the Platform and for addressing any claims relating to the App.
- Data Charges. You may incur data charges by using the App.
- Changes to this Agreement. Company reserves the right to modify or amend this Agreement at any time. All changes will be effective immediately upon posting to the App. Material changes will be conspicuously posted on the App. By accessing or using the Platform after such changes are posted you agree to all such changes.
- Platform Updates. This Agreement governs any updates to the Platform that replace or supplement the original version unless the update is accompanied by a separate agreement, in which case that agreement will govern. If there are multiple versions of the Platform available for download, this Agreement applies to all versions of the Platform regardless of the location from where it is downloaded.
- License. Provided you comply with this Agreement, Company grants you a revocable, limited, nontransferable, nonexclusive license to use the Platform on any compatible device that you own or control as permitted by all applicable terms set forth by the applicable Platform Marketplace.
- Ownership; Use Restrictions. The Platform is exclusively the property of CDMaker and, as applicable, its affiliates, suppliers, and licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, display, duplicate, sell, publish, post, license, or otherwise distribute the Platform or any part of it. You may not modify, translate, or create derivative works of the App. You may not decompile, disassemble, reverse-engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the App. The Platform may use or include third-party software that is subject to open source or third-party license terms. You may not use the Platform in any anticompetitive manner or for any purpose that has the potential be contrary to CDMaker’s business or economic interests in any aspect. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to CDMaker, the Company, or any other third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Platform may contain references to the Company and other third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
- Your Account. You must create an account in order to use the App. You must keep your account log-in information, including your password, secret. Your account is personal to you and you must not provide any other person or entity with access to the Platform using your password or other credentials. You will be responsible for all activity that occurs in your account. If you have any reason to believe that your account has been compromised, please notify CDMaker by emailing firstname.lastname@example.org and notify Company by emailing email@example.com.
- Donations. Two types of donations can be made to the Company using the App: “round up” donations and “flash” donations. You can make round-up donations to the Company by rounding up the transactions on the credit or debit card that you connect to your Platform account to the nearest dollar and donating those round-ups (i.e., the difference between the transaction amount and the rounded-up amount) to the Company. Once $10.00 of round-ups accrue, the total accrued round-ups will automatically be donated to the Company. You can request, however, in your account settings, the we obtain your verification before initiating round-up donations. You can determine the maximum round-up donations per calendar month using your account settings. Flash donations to the Company are in-kind donations where you obtain a coupon for a product or service via email in exchange for making the specified donation to the Company. We will notify you of flash donation opportunities via the App. You can turn off these notifications in your account settings. Flash donation opportunities are subject to availability and time limits. If you believe that an error related to your account has occurred (e.g., a miscalculation), please contact us immediately at firstname.lastname@example.org. You must contact us within 90 days after the date of the error. We may require reasonable documentation to support your claim.
- Feedback. CDMaker welcomes comments regarding the App. If you elect to submit comments or feedback to us regarding the App, they will not be considered or maintained as confidential. We may use any comments or feedback that you send us in our discretion and without attribution or compensation to you.
- DISCLAIMER OF WARRANTIES. THE Platform IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER CDMaker, COMPANY, NOR THEIR RESPECTIVE AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE APP. NEITHER CDMaker NOR COMPANY GUARANTEES THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE APP. CDMaker AND COMPANY DO NOT WARRANT THAT THE Platform WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE Platform WILL BE CORRECTED, OR THAT THE Platform OR THE SERVERS THAT MAKE THE Platform AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. CDMaker AND COMPANY DO NOT WARRANT THAT THE Platform WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY PIECE OF HARDWARE, SOFTWARE, OR EQUIPMENT INSTALLED ON OR USED WITH YOUR DEVICE. YOU UNDERSTAND THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL AND THAT SUCH PROBLEMS MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF DATA, AND CORRUPTION OF SOFTWARE AND OTHER FILES. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR DEVICE PASSWORD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CDMaker AND COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. YOUR ACCESS TO AND USE OF THE Platform IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CDMaker, THE COMPANY, OR THE Platform CREATES ANY WARRANTY.
- LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED BY LAW, CDMaker, COMPANY, THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AND LICENSORS, AND THE APPLICABLE Platform MARKETPLACE, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE Platform OR YOUR ACCESS TO OR USE OF THE Platform (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE APP), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CDMaker OR COMPANY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APP. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You shall indemnify, defend, and hold harmless CDMaker and the Company and their respective affiliates, suppliers, licensors, officers, directors, employees, contractors, agents, and representatives, as well as the applicable Platform Marketplace, from and against all claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your access to or use of the App, your use of any material, information, or data downloaded or otherwise obtained from the App, or your violation of this Agreement.
- Termination of License. The license granted to you above is effective upon your acceptance of this Agreement and continues in effect until terminated by you or CDMaker. If you fail to comply with this Agreement your rights under this Agreement (including without limitation the license to use the App) will automatically terminate without notice from CDMaker. Upon termination, you shall immediately stop using the Platform and deinstall or destroy all copies of the App. The terms of this Agreement concerning ownership, collected information, the disclaimer of warranties, liability or the lack thereof, indemnification, third-party beneficiaries, governing law, and disputes survive termination of this Agreement.
- Compliance with Laws; Conduct. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the App. You may not use, export, or re-export the Platform except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained. You represent and warrant (i) that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country and (ii) that you are not listed on any United States Government list of prohibited or restricted parties, such as the Office of Foreign Assets Control (OFAC) list. The Platform is controlled and operated in the United States of America. The Platform is intended to be used in the United States of America (including Puerto Rico). You may not submit inaccurate information via the App, commit fraud or falsify information in connection with your use of the App, or act maliciously against the business interests or reputation of CDMaker or the Company.
- Governing Law; Disputes. This Agreement is governed by the laws of the state of Florida, without regards for their conflict of law principles. Venue is exclusively in the City of Clearwater, Florida, with respect to any dispute arising under this Agreement unless otherwise determined by CDMaker in its sole discretion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In addition, you waive any and all rights to trial by jury. Any cause of action or claim with respect to the Platform must be commenced within one year after the cause of action or claim arises.
- Third-Party Beneficiaries. The Company and the applicable Platform Marketplace are third-party beneficiaries of this Agreement and they have the right to enforce this Agreement against you.
- Interpretation. This Agreement is the entire agreement between you and CDMaker with respect to your access to and use of the App. CDMaker’s failure to enforce any provision in this Agreement will not constitute a waiver of such provision or any other provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CDMaker. If any provision of this Agreement is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions shall remain in full force and effect. The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement. This Agreement will inure to the benefit of CDMaker’s successors and assigns.
- Electronic Communications. This Agreement and any other documentation, agreements, notices, or communications between you and CDMaker or you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of this Agreement and other documentation, agreements, notices, and communications for your reference.
- Age Requirement. The Platform is available to users aged 18 and up only.
- Contact Us. The Platform is operated by CDMaker, Inc, a Texas company with an address of 2309 Broughton Court, Austin, TX 78727. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to the address above or to email@example.com.
Copyright © 2018 CDMaker. All rights reserved.