ATTENTION PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND DOWNLOADING ANY CONTENT. IF YOU USE THE SITE OR DOWNLOAD CONTENT YOU AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS.
By downloading, installing, copying, running, opting into notifications (collectively “Content”) available via our Website, and other websites we own that post a link to this agreement (collectively the “Sites”), you are agreeing to be bound by the terms of this Agreement. You are also agreeing to our Privacy Policy. If you do not agree to our terms, you must navigate away from our Sites, you may not download the Content, and you must destroy any copies of the Content in your possession.
If you are under 18, you must have your parent or guardian’s permission before you use our Sites or download Content. In an effort to comply with the Children’s Online Privacy Protection Act, we will not knowingly collect personally identifiable information from children under the age of 13.
This Agreement may be modified by us from time to time. If you breach any term in this Agreement your right to use the Sites and Content will terminate automatically.
1. The Download Process
Your download and software installation is managed by your web browser. You will be prompted by your web browser to install the Who Poo™ app, an app for wildlife, scat tracking and scat identification.
2. Delivery of Advertising
By accessing the Sites and downloading the Content, you hereby grant us permission to display promotional information, advertisements, and offers for third party products or services (collectively “Advertising”) within the app. The Advertising may include, without limitation, content, offers for products or services, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services. The timing, frequency, placement and extent of the Advertising changes are determined in our sole discretion. You further grant us permission to collect and use certain aggregate information in accord with our Privacy Policy.
Upon accessing our Sites, you may be asked to opt into our optional browser push notifications. If you opt into our optional browser push notifications; you herby grant us permission to send promotional information, advertisements and offers for third party products or services to you via browser push notifications. You can unsubscribe from these within the app.
3. Your Obligations
You may not upload profane, inappropriate, illegal material to the app. You agree to use the Content only for lawful purposes. You agree not to take any action that might compromise the security of the app, render the app inaccessible to others or otherwise cause damage to the Sites or the Content. You agree not to use the app in any manner that might interfere with our or our Partner's rights. You represent and warrants that (a) you are the owner or an authorized user of the computer that the Content is installed on, (b) you will use the Content, and the Sites only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations, and (c) you are at least thirteen years of age. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the Content, except to uninstall the same as provided herein. You acknowledge sole responsibility for installing appropriate anti-virus software and other security measures on your computer.
4. Termination
This license will immediately terminate if you violate any provision of this Agreement. We may also terminate this license at any time without notice. You may also uninstall the app.
5. Disclaimer of Warranties
WE PROVIDE ALL CONTENT “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL SITES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT ANY PART OF THE CONTENT NOR DO WE REPRESENT THE CONTENT WILL MEET YOUR NEEDS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU.
6. Exclusive Remedy
IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND CONTENT.
7. Limitations of Liability
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, EQUIPMENT DOWNTIME, LOSS OF DATA, OR LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY, HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, SHALL, IN NO EVENT, EXCEED ONE DOLLAR (US$1.00). BY INSTALLING OR USING THE CONTENT, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
8. Third-Party Advertisers
We make no representations or warranties concerning third-party or Partner Offers, you agree that we are not responsible or liable for any loss or damage of any sort incurred, or as the result of the delivery or display of the Offers. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS OF ANYTHIRD-PARTY OR PARTNER WEBSITE OR OFFERS REGARDLESS OF WHETHER THE OFFER IS HOSTED BY US. WE MAKE AN EFFORT TO SCREEN ALL OFFERS TO ENSURE THE BEST POSSIBLE EXPERIENCE FOR OUR USERS. HOWEVER, WE ARE NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE HOWEVER RESPONSIBLE FOR AND MUST CAREFULLY REVIEW EACH PARTNER OFFER AND READ THEIR TERMS AND CONDITION, AND THE PRIVACY POLICY.
9. Waiver of Claims and Indemnification
By accessing or using our Sites or downloading Content, you forever waive any and all claims you have or may have in the future against us. You shall indemnify and hold us our contractors, officers, directors, attorneys employees and licensors, harmless against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject that arise out of, or relate to: (i) your use or inability to use the Content; (ii) any violation of this Agreement or the license agreement or privacy policy governing any Third Party Software; (iii) Your infringement or misappropriation or alleged infringement or misappropriation of any copyright, trademark, patent, trade secret or other personal or proprietary right; or (iv) any gross negligence or willful misconduct. You shall reimburse us for all legal and other expenses, including without limitation attorneys’ fees incurred in connection with investigating, defending or settling any claim or loss.
10. Miscellaneous
Enforcement, Choice of Law, Choice of Forum
Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Agreement, and all other provisions will remain in full force and effect. This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America without respect to its choice of law provisions. Any action between the parties will be venued by mediation first, subject to mutual agreement of both parties.
No Modifications or Waiver
This Agreement may not be modified or amended except by a separate writing, signed by both you and us. The failure by us at any time to enforce any of the provisions of this Agreement or any right or remedy available here under or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
Effect of Agreement, Survival of Terms
This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. No third party beneficiaries are intended or created by virtue of this Agreement. This Agreement does not create a partnership, joint venture or agency relationship between the parties. Any terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement will survive. You acknowledge that you have not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
Electronic Form
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Correction of Errors and Inaccuracies
This Agreement, the Content, and Sites may contain typographical errors or other errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement, the Content or Sites at any time without prior notice. We do not however, guarantee that any errors, inaccuracies or omissions will be corrected.
11. Questions or Additional Information
If you have any questions regarding this Agreement or wish to obtain additional information, you can contact us at whopooapp@protonmail.com