TEAZE TERMS OF SERVICE
BEFORE USING TEAZE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE TEAZE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF SERVICE, INCLUDING ANY FUTURE MODIFICATIONS TO THESE TERMS AND CONDITIONS OF SERVICE (COLLECTIVELY, THE "AGREEMENT"), WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE TEAZE SERVICES IMMEDIATELY. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND TEAZE.
1. AGE RESTRICTION. THE TEAZE SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 18 YEARS OR OLDER. 1. AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE THE TEAZE SERVICES. 2. AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
2. IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
THE TEAZE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE TEAZE SERVICE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. TEAZE IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE
3. MODIFICATION OF THIS AGREEMENT
Please check this Agreement (including the Guidelines) periodically for changes.
4. OWNERSHIP; PROPRIETARY RIGHTS
The Teaze Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Teaze Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Teaze Services are the property of Teaze or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Teaze Services are proprietary to Teaze or its affiliates and/or third-party licensors. Except as expressly authorized by Teaze under this Agreement, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
5. GUIDELINES; USAGE RULES; PROHIBITED CONDUCT & USES
Please read the Guidelines carefully before providing any photo, text, or links to the Teaze Services. These Guidelines are subject to change at any time for any reason, Teaze can request that you delete, or Teaze may delete any User Submissions (as defined below) at anytime for any reason, or no reason whatsoever. Any violation of the Guidelines by your User Submissions, as determined by Teaze, may result in your User Account being banned and lead to the termination of your access to the Teaze Services.
2. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT & USES LISTED BELOW:
1. use the Teaze Services or any location information displayed within the Taeaze Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users;
2. use the Teaze Services if you are under the age of 18 years old (twenty-one (21) years in places where eighteen (18) years is not the age of majority);
3. include offensive or pornographic materials or materials that are harmful to minors in your Teaze Services personal profile page;
4. use the Teaze Services for any commercial or non-private use, it being understood that the Teaze Services are for personal, non-commercial use only;
5. use the Teaze Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
6. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Teaze Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Teaze Services accounts of other Users;
8. misrepresent the source, identity or content of information transmitted via the Teaze Services;
9. Display the Teaze application or profile data on any external display or monitor or in any public setting;
10. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Teaze Services, features that prevent or restrict use or copying of any content accessible through the Teaze Services, or features that enforce limitations on use of the Teaze Services;
11. intentionally interfere with or damage operation of the Teaze Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
12. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
13. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
14. use the Teaze Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
15. use the Teaze Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Teaze Services could lead directly to death, personal injury, or severe physical or property damage;
16. attempt to gain unauthorized access to the Teaze Services, or any part of it, other accounts, computer systems or networks connected to the Teaze Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Teaze Services or any activities conducted on the Teaze Service; or
17. use any robot, spider, scraper or other automated means to access the Teaze Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Teaze Services or modify the Teaze Services in any manner or form, nor to use modified versions of the Teaze Services, including (without limitation) for the purpose of obtaining unauthorized access to the Teaze Services.
6. USAGE; REFUSAL OR SUSPENSION OF SERVICE
1. You are responsible for the security on the mobile device on which the Teaze Services are installed. If you elect to use the Teaze Services or register for an account with Teaze ("User Account"), you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Teaze account login information and the security of your mobile device, and are fully responsible for all activities that occur under your Teaze account. You agree to immediately notify Teaze of any unauthorized use, or suspected unauthorized use of your Teaze account or any other breach of security. Teaze cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. TEAZE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE TEAZE SERVICE, INCLUDING A USER’S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, TEAZE ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE TEAZE SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.
3. You alone are responsible for your involvement with other Users. You agree that Teaze will not be responsible for any loss or damage incurred as the result of any such interactions. Teaze reserves the right, but has no obligation, to monitor disagreements between you and other Users.
4. Teaze does not control the content of User Accounts and profiles. Teaze has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Teaze Services.
5. PLEASE NOTE: TEAZE RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
7. USER SUBMISSIONS
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Teaze to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Teaze Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Teaze Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
2. You understand that when using the Teaze Services you will be exposed to User Submissions from a variety of sources, and that Teaze is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.
3. Teaze assumes no responsibility whatsoever in connection with or arising from User Submissions. Teaze assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Teaze chooses, in its sole discretion, to monitor User Submissions, Teaze nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Teaze does not endorse and has no control over the content of User Submissions submitted by other Users. Teaze makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Teaze reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
4. User Submissions are owned by the User who submitted them, subject to Teaze license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.
5. You hereby grant, and you represent and warrant that you have the right to grant, to Teaze an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in the Teaze Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to Teaze, in connection with a sale of Teaze or the assets of Teaze, the right to sell or transfer the User Submissions to a third party.
6. If you provide Teaze any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to Teaze all rights in the Feedback and agree that Teaze shall have the right to use such Feedback and related information in any manner it deems appropriate. Teaze will treat any Feedback you provide to Teaze as non-confidential and non-proprietary. You agree that you will not submit to Teaze any information or ideas that you consider to be confidential or proprietary.
8. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
1. The Teaze Services may include links to other web sites or services ("Third Party Websites") solely as a convenience to Users. Teaze does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Teaze makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Teaze Services are solely between you and such advertiser. You agree that Teaze shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Teaze Services.
3. Parties other than Teaze may provide services or sell products via the Teaze Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Teaze does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
4. By your use of third party applications that connect with the Teaze Services ("Third Party Applications"), you acknowledge and agree that Teaze may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Teaze is not responsible for the transmission of the User Submissions from the Teaze Services to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Teaze is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Teaze also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an "as-is" basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
5. You acknowledge and agree that Teaze may incorporate User Submission and location information for User Accounts from the Teaze Services with third party information sources and third party application in the provisioning of the Teaze Services.
9.. ADVERTISING. Teaze and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you
10..END USER LICENSES
1. Mobile Device. To use the Teaze Software you must have a mobile device that is compatible with the Teaze Services. Teaze does not warrant that the Teaze Services will be compatible with your mobile device.
2. License Grant. Subject to the terms of this Agreement, Teaze hereby grants you a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the Teaze Software for one Teaze Services account on one mobile device owned or leased solely by you, for your personal, noncommercial use and (ii) use the Teaze Services (other than the Teaze Software) for your personal, noncommercial use.
3. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Teaze Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Teaze Software to any third party or use the Teaze Software to provide time sharing or similar services for any third party; (iii) make any copies of the Teaze Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Teaze Software, features that prevent or restrict use or copying of any content accessible through the Teaze Software, or features that enforce limitations on use of the Teaze Software; or (v) delete the copyright and other proprietary rights notices on the Teaze Software.
4. Software Upgrades. You acknowledge that Teaze may from time to time issue upgraded versions of the Teaze Software, and may automatically electronically upgrade the version of the Teaze Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Teaze will not be liable to you for any such modifications.
5. Open Source. With respect to any open source or third-party code that may be incorporated in the Teaze Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.
6. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Teaze Software or any copy thereof and Teaze or its third party partners or suppliers retain all right, title, and interest in the Teaze Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Teaze reserves all rights not expressly granted under this Agreement.
7. Trademarks, Service Marks and Logos. The name of this web site is a service mark of Teaze. No use of this mark shall be permitted except through the prior written authorization and permission of Teaze. All rights reserved.
App Stores. You acknowledge and agree that the availability of the Teaze Software is dependent on the third party from which you received the Teaze Software, e.g., the Android Market or Apple app store (each, an "App Store"). You acknowledge that this Agreement is between you and Teaze and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Teaze Software from it. You agree to comply with, and your license to use the Teaze Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
You agree that Teaze, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account User Account you have with the Teaze Services or your use of the Teaze Services or any portion thereof and remove and discard all or any part of your account User Account or any User Submission, at any time. You agree that any termination of your access to the Teaze Services or any account User Account you may have or portion thereof may be effected without prior notice, and you agree that Teaze will not be liable to you or any third-party for any such termination. Teaze does not permit copyright infringing activities on the Teaze Services, and reserves the right to terminate access to the Teaze Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Teaze may have at law or in equity.
12.DISCLAIMERS; NO WARRANTIES
1. THE TEAZE SERVICES [AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TEAZE SERVICES] ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TEAZE, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2. TEAZE AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TEAZE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TEAZE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. TEAZE AND ITS SUPPLIERS AND PARTNERS (INCLUDING TEAZE’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE OTHER TEAZE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TEAZE OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE TEAZE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE TEAZE SERVICES AT YOUR OWN DISCRETION AND RISK.
4. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON 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 MIGHT HAVE ADDITIONAL RIGHTS.
13.INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend, and hold Teaze(and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or the other Teaze Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use the Teaze Services to meet another User in-person or to locate and attend any offline place or event. Teaze reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
14.LIMITATION OF LIABILITY AND DAMAGES
1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL TEAZE (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES [RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE TEAZE SERVICES; (C) THE TEAZE SERVICES GENERALLY (INCLUDING THE TEAZE SOFTWARE) OR SYSTEMS THAT MAKE THE TEAZE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TEAZE OR ANY OTHER USER OF THE TEAZE SERVICES], EVEN IF TEAZE OR A TEAZE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. IN NO EVENT SHALL TEAZE (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION [ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE TEAZE SERVICES] (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE TEAZE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT TEAZE LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
15.BENEFIT OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT TEAZE HAS OFFERED THE TEAZE SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TEAZE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TEAZE. TEAZE WOULD NOT BE ABLE TO PROVIDE THE TEAZE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
16.RELEASE. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other Teaze Service Users or (2) any third party site, products, services, and links included on or accessed through the Teaze Service
We reserve the right at any time to charge fees for access to portions of the Teaze Services, Teaze Software or the Teaze Services or Teaze Software as a whole.
Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using a Teaze Software from the Apple App Store.
To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 19, the more restrictive or conflicting terms and conditions in this Section 19 apply, but solely with respect to Teaze Softwares from the Apple App Store.
12. Acknowledgement: Teaze and you acknowledge that this Agreement is concluded between Teaze and you only, and not with Apple, and Teaze, not Apple, is solely responsible for Teaze Software and the content thereof. To the extent this Agreement provides for usage rules for Teaze Software that are less restrictive than the Usage Rules set forth for Teaze Software in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
13. Scope of License: The license granted to you for Teaze Software is limited to a non-transferable license to use Teaze Software on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
14. Maintenance and Support: Teaze is solely responsible for providing any maintenance and support services with respect to Teaze Software, as specified in this Agreement (if any), or as required under applicable law. Teaze and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Teaze Software.
15. Warranty: Teaze is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Teaze Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Teaze Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Teaze Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Teaze sole responsibility.
16. Product Claims: Teaze and you acknowledge that Teaze, not Apple, is responsible for addressing any claims of you or any third party relating to Teaze Software or your possession and/or use of Teaze Software, including, but not limited to: (i) product liability claims; (ii) any claim that Teaze Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Teaze liability to you beyond what is permitted by applicable law.
17. Intellectual Property Rights: Teaze and you acknowledge that, in the event of any third party claim that Teaze Software or your possession and use of Teaze Software infringes that third party’s intellectual property rights, Teaze, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
18. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using Teaze Software
Third Party Beneficiary: Teaze and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.