FLAREGUN™

TERMS OF USE

Last Updated: [July 13, 2016]

 

Welcome to Flaregun! Flaregun Inc. (“Flaregun” or “we”) has written these Terms of Use (“Terms”) to explain the rules that apply to your use of the Flaregun mobile application (“Flaregun App”), the Flaregun social AR ecosystem (“AR Ecosystem”), and our official website located at www.flaregun.com (the “Website”). Collectively, the Flaregun App, the AR Ecosystem, and the Website are the “Flaregun Services.”

By using the Flaregun Services, you agree to these Terms, which form a legally binding contract between you and Flaregun. If you do not agree with these Terms or do not understand them, then please do not use the Flaregun Services.

1.     flaregun services.

Visually locate friends and family at crowded events or anywhere in real time, device to device, first person street view through your smartphone camera and the magic of Flaregun’s augmented reality.

2.     ELIGIBILITY TO USE THE flaregun services.

You cannot use the Flaregun Services if you are younger than 13 years of age, or, if you live in the European Union, if you are younger than 16 years of age. By using the Flaregun Services, you agree that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals, and that either: (i) you are at least 18 years of age; or (ii) you have obtained your parent’s permission to use the Flaregun Services and that your parents have agreed to these Terms on your behalf.

3.     your account.

To use the AR Ecosystem, you will need to create an account (“Account”) by entering in your Account Information (as defined in our Privacy Policy) in the Flaregun App. For information about how we use your Personal Information, please check out our Privacy Policy found flaregun.com/privacy-policy

You are responsible for any activity that occurs in your Account, so please help us keep your Account secure by not sharing your Account Information with other users. If you experience any unauthorized uses with your Account, please immediately let us know at [contact@flaregun.com]. However, we will not be held responsible for any losses you experience in connection with the unauthorized use of your Account.

4.     rights we grant to you.

A.    We grant you a personal, worldwide, non-transferrable, non-exclusive, revocable, and non-sublicensable right to access and use the Flaregun Services. This means that you can use the Flaregun Services for your personal and non-commercial purposes only. We and our third-party licensors maintain all ownership rights in and to the Flaregun Services.

B.     If you engage in any of the below activities, or if we think that you are using the Flaregun Services in a way that we did not intend for the Flaregun Services to be used, then you will be in violation of these Terms and we may terminate your Account:

·       Using the Flaregun Services for your commercial purposes without our written consent.

·       Reverse-engineering or attempting to extract the source code of the Flaregun App.

·       Removing, reproducing, copying, obscuring, modifying, or making derivative uses of any copyright, trademark or other proprietary rights notices, marks or labels contained in the Flaregun Service.

·       Distributing, leasing, licensing, selling, renting, lending, conveying or otherwise transferring or assigning the Flaregun Service, any passwords or usernames, or any copies of the Flaregun Service, without our express prior written consent.

·       Making a copy of the Flaregun Services, or any portion of the Flaregun Services, publicly available or available on a network for use or download by multiple users.

·       Attempting to override or circumvent any security measures of the Flaregun Services.

·       Using any data mining tools or extraction tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Flaregun Service or its contents.

·       Encouraging or promoting any of the above activities or any other activity that violates these Terms.

C.    To be clear, the Flaregun Services and the content appearing throughout the Flaregun Services are protected by copyright, trademark, patent, and other U.S. and international intellectual property law. Nothing in these Terms give you a right to use the trademarks, logos, domain names, and any other branding material belonging to us without our prior written permission. We and our third-party licensors maintain all ownership rights in and to the Flaregun Services.

5.     CHANGES TO THE FLAREGUN SERVICES; termination.

We are tirelessly improving the Flaregun Services and thinking of new ways to use AR to enhance your social experiences. This means that we may add, remove, or modify features, products, and functionalities throughout the Flaregun Services, and sometimes this means we may suspend or stop the Flaregun Services altogether. If we do decide to make any changes to the Flaregun Services, or decide to suspend or stop the Flaregun Services, we have the right to do so at any time without giving you prior notice. We may also terminate these Terms with you at any time for any reason. If these Terms terminate for any reason, Sections 4(C), 7, 8, 10, 11, 12, and 13 will continue to survive.

6.     your privacy.

We care about being transparent with our users about how we use their Personal Information. For information about how we collect, use, and share your Personal Information, including your Location Information (as defined in the Privacy Policy), please check out our Privacy Policy found flaregun.com/privacy-policy

7.     mobile devices and data charges.

The Flaregun Services are provided to you for free. However, you are responsible for maintaining an adequate level of internet connection in order to use the AR Ecosystem and the rest of the Flaregun Services. You are also responsible for all mobile charges (e.g. text messaging and data charges) you might incur while you use the Flaregun Services.

8.     UNSOLICITED FEEDBACK.

We do not accept unsolicited feedback, ideas, suggestions, comments, or other information about the Flaregun Services (“Feedback”). However, if you do decide to provide Feedback, you acknowledge and agree that we are free to use your Feedback for any purpose, including, without limitation, improving the Flaregun Services and creating new services or products for Flaregun. We will not be obligated to treat your Feedback as confidential information, nor will we have to pay you or any third party for your Feedback.

9.     safety.

We created the Flaregun Services in hopes to improve how you connect with the physical word as you use your mobile device. However, please be aware of and observe your surroundings as you use the AR Ecosystem and do not use the Flaregun App in a way that risks your and others’ safety. We and the Released Parties will not be held responsible for any injury, death, property damage, or any other liability caused while you use the Flaregun App and AR Ecosystem.

10.  INDEMNIFICATION.

To the extent permitted by law, you will indemnify, defend, and hold Flaregun, our affiliates, directors, officers, employees, licensors, and agents (“Released Parties”) harmless from and against any and all complaints, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Flaregun Services; and (ii) your breach of these Terms.

11.  DISCLAIMER OF WARRANTIES AND LIABILITY.

We try to keep the Flaregun App and the Flaregun Services up and running as smoothly as we can, but we cannot make any guarantees.

 

WE PROVIDE THE FLAREGUN SERVICES TO YOU “AS-IS” AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETEDNESS, AVAILABILITY, AND COMPATABILITY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE FLAREGUN SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WILL RUN WITHOUT DELAY OR DISRUPTION, OR THAT THE FLAREGUN SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT ALLOWED BY LAW, WE AND THE RELEASED PARTIES WILL NOT BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT OR TORT, EVEN IF WE AND THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TWENTY-FIVE DOLLARS ($25.00 USD).

12.  GOVERNING LAW.

You agree that: (a) the Flaregun Services are based solely in California; and (b) the Flaregun Services will be deemed a passive service that does not give rise to personal jurisdiction over Flaregun, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

 

BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS AND AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND FLAREGUN THAT ARISES IN WHOLE OR IN PART FROM THE FLAREGUN SERVICES ARE SUBJECT TO MANDATORY, BINDING ARBITRATION WHICH MUST TAKE PLACE IN LOS ANGELES, CALIFORNIA. All arbitrations will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. YOU AND FLAREGUN AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THESE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED. HOWEVER, YOU AND FLAREGUN ARE NOT REQUIRED TO ARBITRATE ANY DISPUTE IN WHICH EITHER PARTY SEEKS EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS, OR PATENTS.

13.  GENERAL.

D.     Final Terms. These Terms, along with the Privacy Policy, make up the entire agreement between you and Flaregun with respect to your use of the Flaregun Services and supersede any prior agreements.

E.     Assignment. We may transfer or assign these Terms and the Flaregun Services, in whole or in part, to any third party of our choosing.

F.      Severability. If any section of these Terms is deemed to be unenforceable for any reason, such section will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of the rest of these Terms.

G.    Independent Parties. You and Flaregun are independent parties and nothing in these Terms creates an employment or agent relationship. You may not make any representations on our behalf in any manner.

H.     Waiver. If we do not enforce a provision of these Terms, it will not be considered a waiver of our right to enforce such provision.

14.  contact us.

If you have any questions about these Terms or about the Flaregun Services, then you may contact us at:

 

Flaregun, Inc.

Attn: Terms of Use

E-mail: contact@flaregun.com