Your download, installation, and use of the Record360 Application (the “Record360 Application” or the “Application”) and/or and the Record360 website at https://www.record360.com (the “Website”) is subject to and expressly conditioned on the terms set forth below, which may be amended or modified from time to time by Record360, Inc. (“Record360”) in its sole discretion. Any such amendments or modifications shall become effective and legally binding upon you upon the posting of the same by Record360. If you do not agree with all of the terms of this agreement, you are not permitted to download the Record360 Application or use it or the Website in any manner. Please check this page regularly for updates.
The term "Record360 Application" includes the software, any updates or modifications to the Record360 Application, online and/or electronic documentation, associated media, printed materials, computer code, and other associated materials and components provided by Record360 in its sole discretion. You are solely responsible for any and all telecommunications or other connectivity charges incurred through your use of the Record360 Application and the Website.
Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This agreement is between you and Record360, not Apple, Inc. (“Apple”). Record360 is solely responsible for the Record360 Application, the Website, and the content thereof.
Apple bears no responsibility for the investigation, defense, settlement or discharge of any such claims.
Subject to the terms and conditions set forth in this agreement, Record360 grants you a personal, limited, non-transferable, non-exclusive, and revocable license to use the Record360 Application on any mobile or similar device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). The Record360 Application is made available only for use by an Authorized User. Authorized User means a person or user account that is licensed to use the Product, regardless of whether that person is an employee, contractor, subcontractor, vendor, partner or customer of the Licensee. This license does not allow you to distribute or make the Record360 Application available over a network or otherwise in a manner it could be used by multiple devices at the same time. You may not copy, disassemble, decompile, attempt to derive the source code of, modify, reverse engineer, or create derivative works of the Record360 Application, including any updates, or any part thereof.
Except as expressly mandated by law, you may not, without our prior written permission: (i) post, transmit, copy, modify, create derivative works from, distribute, sell, or republish anything you obtain or download from the Website or Application; or (ii) engage in systematic retrieval of data or other content from the Website or Application.
Except where otherwise indicated all title, ownership rights, and intellectual property rights in and to the Website and the Record360 Application are owned by Record360 and/or its licensors. The Website and the Record360 Application must not be used in any manner or for any purpose that is either unlawful or unauthorized by Record360.
The Record360 logo and other Record360 trademarks and service marks are owned by Record360 and/or its affiliates or licensors and are protected by international copyright and trademark laws. Except as provided herein, you shall not use any portion of the Website or the Record360 Application, or any other intellectual property of Record360, on any other application or Web site, in the source code of any other application or Web site, or in any other printed or electronic materials without the express written consent of Record360.
The license granted herein does not grant or confer any ownership right or title to the Record360 Application. All rights not expressly granted under this agreement are reserved by Record360.
Record360 may collect and use information from the Website and the Application in order to better understand the Website and Application usage, improve the user experience, and facilitate the provision of updates, support, and other services to you. The following anonymous information is transmitted back to Record360 for the uses described above:
The Website and the Record360 Application may contain links to or enable access to Record360’s and third party services and web sites (collectively and individually, "Services"). Your use of Services may require Internet access and that you accept additional terms of service. In order to use certain features of the Website and the Record360 Application, you may be required to have a registered account with Record360.
Certain Services may display, include or make available content, data, information, application, or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge that Record360 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. Record360 does not warrant or endorse and does not assume and will not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
Location data, if provided by any Services, is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Location data may not be accurate. Neither Record360, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by any Services.
You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Record360 is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPad, or iPod touch are not available in all languages or in all countries. Record360 makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Record360, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Record360 be liable for the removal of or disabling of access to any such Services. Record360 may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
In no event shall Record360’s total liability to you for all damages exceed the cost of replacement or repair of the application.
Further, it is understood by the licensee that Record360 shall be under no obligation to repair or replace the allegedly defective product(s) unless the licensee or its representative provides complete details in writing within 10 days of discovery of each alleged defect and adequate time is allowed for repair or replacement.
User acknowledges and agrees that Record360 may in its sole discretion from time to time make additions to, deletions from, modifications to, or change the nature of the Data. THE API AND THE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, RECORD360 AND ITS LICENSORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT. FURTHER, RECORD360 DISCLAIMS ANY WARRANTY THAT USERS OF THE API OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE.
You agree to indemnify, defend, and hold harmless Record360, its affiliates, officers, directors, employees, agents and contractors harmless from all damages, losses, and expenses (including attorneys’ fees and costs) arising directly or indirectly from your acts or omissions in using the Record360 Application pursuant to the terms and conditions set forth in this agreement.
This agreement and your use of the Record360 Application are governed in all respects by the laws of the State of California, without giving effect to any principles of conflicts of laws that would result in the application of the laws of another jurisdiction. Any dispute concerning the Record360 Application or this agreement shall be subject to the exclusive venue of a court of competent jurisdiction in Los Angeles County, California.
In the event that a court of competent jurisdiction holds any provision of this agreement to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions.
The terms of this agreement are effective until terminated by you or Record360. You may terminate this agreement without notice to Record360 by discontinuing all use of the Record360 Application from your mobile device and destroying the materials you have obtained therefrom or in connection therewith, including all related documentation and copies. Record360 may terminate this agreement and/or the Record360 Application, or any part thereof, at any time without notice, including and without limiting the foregoing, if Record360 determines or believes, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you shall cease all use of the Record360 Application, and destroy all copies, full or partial, of the Record360 Application.
This agreement states the entire agreement with regard to the items discussed above.
Effective Date: January 15, 2014
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