Terms of Services
iCatchApp (provided by Digital Outdoor Holdings LLC) Mobile Application End User License
1. Changes to Terms We may make changes to this Agreement from time to time and we will post a copy of the updated Agreement at the iCatchApp website (www.iCatchApp.com) that will be applicable to installation or continued use after the effective date of the update. You acknowledge and agree that if you install or use the Application after the date on which the Agreement has changed, we will treat your installation or continued use as acceptance of the updated Agreement on a going-forward basis. If any future changes to this Agreement or any applicable Additional Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Application as provided in Section 15. You acknowledge and agree that we may completely modify, suspend, or discontinue the Application or the Content at our sole discretion and with or without notice to you. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we modify, suspend or discontinue the Application, the Application may not work as it did prior to such action, and iCatchApp will have no liability to you or any third party as a result. You agree that we may also impose limits on certain features or restrict your access to part or all of the Application or Content without notice or liability to you. We may add additional features to the Application or content that require payment, convert existing features of the Application or Content to paid services, or change the existing payment structure for the Application or Content. You agree that free access to all or a portion of the Application or Content at a point in time does not give you a right to continued free access to any or all of the Application or Content. You have no interest, monetary or otherwise, in any feature or content contained in the Application or Content.
2. Distribution Channel. Because you are obtaining the Application from a Distribution Channel, such as an app store, your download is subject to the terms of the Distribution Channel.
You acknowledge and agree that iCatchApp has all right, title, and interest in and to the Application, including all Content delivered through the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and iCatchApp reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions. We reserve all rights to the Application and Content, other than the limited license in Section 6 of this Agreement. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or Content without our permission. You also may not transfer, resell, or sublicense this limited right to use the Application. By using the Application, you agree that you will not: (a) in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law; (b) install or use the Application on a computer or other device that is primarily used as a file server; (c) remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application; (d) use any unauthorized third party software that intercepts, “mines,” or otherwise collects information from or through the Application, unless authorized by iCatchApp in its sole discretion; (e) sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another user’s computer except as permitted hereunder; (f) intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or iCatchApp’s or its vendors’ servers or other infrastructure; or (g) facilitate, create, or maintain any unauthorized connection to the Application, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate, iCatchApp’s or its vendors’ servers; and (ii) any connection using programs or tools not approved by iCatchApp in its sole discretion.
2. Grant of a Limited
Use License. Subject to your compliance with this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive license to: (a) install the Application on any mobile device owned by you or under your legitimate control; and (b) engage in non-commercial use of the Application. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
3. Use of the Application
4. Conduct on the Application Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that: (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts; (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or promotion without our express permission, or any form of lottery or gambling; (e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (f) impersonates any person or entity, including any of our employees or representatives. We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Application. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with this Agreement and any other rules of user conduct for our Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See Section 9 below for a description of the procedures to be followed in the event that any party believes that content posted on the Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Application may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the Application or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
iCatchApp provided by Digital Outdoor Holdings LLC 412 N Main Street #100, Buffalo, Wyoming, United States.
2. Participation in Promotions From time to time, the Application may include advertisements offered by Third Party Businesses. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
3. Warranty Disclaimer
ICATCHAPP DOES NOT WARRANT: (1) THAT THE APPLICATION’S FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. ICATCHAPP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.
4. Limitation of Liability/Release of Claims
ICATCHAPP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE APPLICATION, EVEN IF FORESEEABLE OR EVEN IF ICATCHAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. ICATCHAPP’S LIABILITY IN CONNECTION WITH THE APPLICATION FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR DOWNLOAD OF THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED-REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF ICATCHAPP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY ICATCHAPP, INCLUDING WITHOUT LIMITATION THE APPLICATION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE §1542 STATES: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold iCatchApp and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the “iCatchApp Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any of the iCatchApp Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to iCatchApp or its vendors’ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. iCatchApp reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify iCatchApp and you will cooperate with iCatchApp’s defense of these claims.
This Agreement is effective until terminated. You may terminate the Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Content. iCatchApp may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 6 will immediately terminate. The provisions in Sections 1-5, 7-14, 18, and 19 will survive any termination of this Agreement.
1. Export Controls
You will not ship, transfer, or export the Application or Content into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). In addition, if the Application or Content is identified as export-controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation or a nation that has been designated by the U.S. government as a “terrorist supporting” country and that you are not otherwise prohibited under the Export Laws from receiving the Application or Content.
2. International Use
1. Governing Law, Venue, and Jurisdiction
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of Wyoming, except Wyomings’s conflict of law rules. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims, you agree to exclusive jurisdiction in the state and federal courts in Wyoming. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with any Additional Terms. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the Application or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
3. Contact Information
If you have any questions, claims, or complaints, please contact us at support@iCatchApp.com. You hereby acknowledge that you have read and understood this Agreement and agree that by clicking “Accept” or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.