Forge    
YY7 LLC
(Revised January 2017)

 

TERMS OF USE AND END USER LICENSE AGREEMENT FOR MOBILE APPLICATIONS
 

 

Welcome To Forge!

Introduction.

At YY7 LLC, we’ve created a mobile app, called “Forge,” designed to allow artists to make sketches on a mobile device and place the sketches on a workspace (the “App”).  These terms of use and end user license agreement (“Agreement”) contain the legally binding terms for the use of the App.

 

Who We Are.  

In this document, we use certain uppercase terms as shorthand to describe who or what we are talking about. The terms “YY7,” “us,” or “we” refer to YY7 LLC. When we say “you,” we mean an individual user.

 

You Agree to This Agreement.  

By clicking the “I AGREE” button or by installing the App, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.

 

YOU ARE ONLY AUTHORIZED TO USE THE APP IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.

 

Promises You Make About You.

We want to make sure that the person clicking to agree to this Agreement is able to enter into a binding contract.  Accordingly, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Also, you represent and warrant that the information that you provide to us about you in connection with the App will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.

 

License.  

Subject to the terms of this Agreement, YY7 LLC hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the App on a single smart phone, tablet or other mobile device that you own or control.

 

Things You May Not Do With The App.  

You shall not:

(i) copy the App, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App; or (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time.  If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or licenses.

 

Reservation of Rights.

You acknowledge that the App is licensed, not sold, to you. YY7 LLC reserves all rights in and to the App not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App under this Agreement.  YY7 LLC and its licensors reserve and retain the entire right title and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.  If you submit comments, suggestions, or other feedback regarding the App (“Feedback”), YY7 LLC will be free to use such Feedback for any purpose.  “YY7 LLC,” “Forge” and all associated logos displayed within the App are our trademarks (unless otherwise noted).

 

Content and Usage Data

 

  1. License in Content. You are responsible for all text, images, drawings, works of authorship, materials, comments, and other user generated content (“Content”) submitted to the Service. We do not store and do not claim ownership of the Content; however, by posting or sharing Content, you grant to us and our third party partners (such as IT companies that help us develop and maintain the Service) a non-exclusive (meaning you are free to license the Content to anyone else), fully-paid, royalty-free (meaning we do not have to pay for our use of the Content), fully sublicensable (so that we can use our affiliates and subcontractors to provide the Service), transferable (meaning that we transfer the license to a third party), irrevocable (meaning that you may not revoke or rescind the license for any reason once the Content is uploaded), worldwide (because the Internet is and the Service may be global in reach) license under any of your, copyright and other intellectual property and proprietary rights protecting the Content to use and distribute the Content (in whole or in part) in connection with the provision of the Service to you. You are responsible for backing up its Content and agrees that after termination of this Agreement, it may not have access to its Content.

 

  1. Prohibitions Regarding Content. You may not submit any Content that is malicious, defamatory, obscene, pornographic, abusive or threatening, or that promotes illegal or immoral activities. It is important to us that users do not use the Service to infringe the rights of others. You represent to us that, to your knowledge (i) you have the right to share Content via the Service, and (ii) the posting and sharing of Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. We have the right to remove any of the Content from the Service in our sole discretion, including because it does or may infringe another party’s rights.

 

  1. Data. In exchange for Co Interactive providing you with access to the App, you consent to Co Interactive collecting and using technical data in connection with your use of the App (“Data”) in accordance with our Privacy Policy. You agree and acknowledge that YY7 LLC owns all right, title, and interest in and to any Data that is collected by YY7 LLC from you as the result of your use of the App.  YY7 LLC may use such Data for any lawful purpose without a duty of accounting, including without limitation (i) in order to provide the App to you, (ii) as necessary to monitor and improve the App, and (iii) to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”), provided that YY7 LLC agrees that it shall not use the Data in any manner in which you would be identified.

 

Acknowledgements Regarding Apple, Inc., Google Inc. and other App Store Providers.

You acknowledge that this Agreement is between you and Co Interactive and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that Co Interactive (not the applicable App Store Provider) is responsible for the Mobile App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.

 

Maintenance.

Scheduled system maintenance shall take place from time to time, and during such time, the App or elements thereof may be unavailable.  Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur.

 

Updates.  

YY7 LLC may, but is not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”).  Updates may also modify or delete in their entirety certain features or functionality.  You agree that YY7 LLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download an install available Updates.  You acknowledge that the App or any of its features may not operate properly if you fail to install Updates.  You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.

 

Third Party Offerings.  

To enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply.  Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party.  We are not responsible for such third party offerings.

 

Acknowledgement Regarding SMS Messages and Push Notifications.

To the extent the App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use.  Further, to the extent the App has push notification capability, by downloading the App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF YY7 LLC AND OUR PARTNERS.

 

Term and Termination.

The term of this Agreement and the license and other rights granted herein commence on the Effective Date continue until terminated by YY7 LLC or you.  You may terminate this Agreement by deleting the App and all copies of it from your mobile device. YY7 LLC may terminate this Agreement at any time without notice if it ceases to support the App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement all license and other rights granted to you under this Agreement will terminate. You acknowledge that YY7 LLC may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.

 

Disclaimers and Limitations of Liability.

This section is important – please read it carefully.  It limits Co Interactive liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.

 

  1. Disclaimer of Warranties.EXCEPT AS EXPRESSLY STATED ABOVE, THE APP IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.

 

  1. Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED T THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE APP, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Export and Other Restrictions.

You may not use or otherwise export or re-export the App, the App or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the App or the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

Changes to the Agreement.  

We may need to change the terms of this Agreement in the future. Any change will take effect when we notify you of the change (either through an email notice or a message delivered through the Service) and you accepts the change (via email or an electronic click-to-accept method).

 

Miscellaneous.

The laws of the State of Washington, excluding its conflicts of law rules, govern this license and your use of the App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in King County, Washington, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App may also be subject to other local, state, national, or international laws.  This Agreement constitutes the entire agreement between us regarding the Apps. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Contact Us.  

For questions or comments regarding this Agreement, please contact us at YY7 LLC, contact@yy7appsoft.com