ADDY?
TERMS OF USE
Last Updated: August 11, 2019
Hello! Welcome to Addy’s Terms of Use. By accessing our (“Addy?” or “Addy” or "us" or "we") mobile application, you (“You” or “your” or “User”) agree to be bound to the Terms of Use (“Terms of Service” or “Agreement”) for our “Platform,” which means any website, application, or service we offer. If you wish to create an Addy account and make use of the Service, please read these Terms of Use, as well as the Addy Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Addy Privacy Policy, do not access Website and/or use the Service.
Eligibility
You must be at least 17 years old to register an account or use the Service. You may only use the Services if you can form a binding contract with Addy and are not legally prohibited from using the Services. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
Proper Use
Addy was designed and created to be the main platform for finding both distant and local house parties. Users can create and share their events to their “followers” or other users of the app and can choose the privacy settings (either private or public) for each event. Users who have been approved for the event, or the “addy,” by the party host, will be sent the address of the party and those disapproved will not. Along with the address, all approved users for the party will be sent a unique QR code that should be scanned by the party host on arrival. QR codes are implemented in order to confirm that only authorized users from the app have been approved for the party by the party host. Please note that Addy is a platform that brings together USERS. Addy, has no control over users or their conduct while using the app. Using Addy for purposes other than events can lead to failures of the app, suspension, or account deletion.
Rules of Conduct and Safety
Your use of the Service is conditioned on your compliance with these Terms, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Service or Content. All Content created on Addy is the sole responsibility of the user and is not connected with Addy. Addy reserves the right to review or remove all content that appears on the Services, but because we do not necessarily review all of it, this is not guaranteed. So we cannot—and do not—take responsibility for any content that others provide through the Services. Any claim or dispute that may arise between users of the app and/or the service shall be settled by them, as they hereby agree to release and hold harmless Addy from any liability or responsibility to participate in such claim or dispute.
We do not condone or promote any illegal actions that occur both directly and indirectly from our App. You agree that you will not use the Service objectionable to Addy, including to, engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, or abusive. Also, you agree that you will not make available through the Service any material or information that infringes any copyright or trademark. Each event, post, or user that is reported or seen to not follow the community guidelines may result in account termination.
Account Termination Policy
Addy may terminate or suspend your right to access or use Addy for any reason. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines.
Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Addy can collect and use your information consistent with that policy.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE ADDY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. ADDY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH ADDY WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADDY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL ADDY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Arbitration
For any dispute you have with Addy, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Addy account. If Addy hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court. Unresolved claims must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of California without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You irrevocably consent to the personal jurisdiction of the state and federal courts located in Sacramento, California, for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against Addy.
Indemnification
You hereby agree to defend, indemnify and hold us, harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Terms of Service or any representations, warranties and/or covenants contained herein, (ii) arises from the Content or effects of any messages you Post using our Services, or (iii) otherwise arises from or relates to your use of our Services. In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages from you when you use our Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with this Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
Modifications to Service
We may revise these Terms of Use from time to time, and the most current version will be available on the App. You are responsible for reviewing and becoming familiar with any modification, and you agree to be bound by such modifications or revisions. Use of the App or the Service after any such revision(s) constitutes your acceptance of the terms and conditions of these Terms of Use as modified.
Miscellaneous
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
Contact Us. If you have any questions, comments or concerns about these Terms of Use, our Website, our mobile applications and/or our Services you may contact us via email at theaddyapp@gmail.com.