IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14.
The Coinnect application is licensed to you, not sold.
READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF A MOBILE APPLICATION AND CERTAIN SERVICES PROVIDED BY 2PENSMEDIA AND ITS AFFILIATES (COLLECTIVELY, “2pensmedia”).
- ACCEPTANCE OF TERMS
- LIMITED LICENSE GRANT
This section sets forth your limited license to use the Application (“License”).
- General. This License is between you and 2pensmedia and not any other party. The Application contains material that is protected by patent, copyright, trademark and/or other applicable intellectual property laws in the United States and other territories and by international treaty provisions. If you use the Application in a manner that is not permitted by these Terms, including infringing on 2pensmedia’s intellectual property rights, you may be subject to civil and criminal penalties, including possible monetary damages. The Application is licensed, not sold or given, to you by 2pensmedia for use only under these Terms.
- Grant. Through the downloading, installation and/or use of the Application, you are acquiring and 2pensmedia grants you a personal, limited, non-exclusive, and non-transferrable license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. If you download the Application from the Apples iTunes Store, you may install and use the Application only on an Apple, Inc. (“Apple”) device that runs the iOS operating system and that you own or control solely as permitted by the Usage Rules set forth in the Apple iTunes Store Terms and Conditions. Your acquired license rights are subject to your compliance with this License and these Terms. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your license shall commence on the date that you download, install or otherwise use the Application, and shall end on the earlier of the date that you dispose of the Application or 2pensmedia terminates this License.
- Further Restrictions. Your right to use the Application is limited to the license grant above, and you agree not to yourself, or cause or permit others to, otherwise copy, reproduce, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by 2pensmedia in advance in a signed writing. You may only use the Application in object code form. You may not (1) attempt to derive the source code of or analyze, modify, adapt, or translate the Application or otherwise, (2) make any third-party software contained in the Application a stand-alone product, (3) sublicense or assign the Application, (4) make a copy of the Application available on a network where it could be used by multiple users, (5) make the Application available over a network where it could be downloaded by multiple users, (6) remove or alter 2pensmedia’s trademarks or logos, or legal notices included in the Application or related assets, (7) compile or decompile, reverse engineer, reverse assemble or disassemble, (8) use the Application or any part thereof in any manner in violation of any applicable law, or (9) use the Application or any part thereof in any manner that is not in compliance with any other applicable terms and conditions. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements, if any, you have with third parties when using the Application.
- Reservation of Rights. You have obtained a limited license to the Application and your rights are subject to this License until terminated. Except as expressly licensed to you herein, 2pensmedia and its licensors reserve all right, title, ownership, and interest in the Application (including all characters, storylines, images, photographs, animations, video, music, text, and any other materials in the Application), and all associated copyrights, trademarks, patents, and other intellectual property rights therein. This License is limited to the intellectual property rights of 2pensmedia and its licensors in the Application and does not include any rights to other patents or intellectual property that are not part of the Application. Except to the extent permitted under applicable law, you may not copy, decompile, disassemble, translate, adapt, reverse engineer or otherwise reduce the Application to human readable form, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. All rights not expressly granted herein are reserved by 2pensmedia. You expressly agree that you will not contest, challenge, object to, dispute or otherwise oppose any intellectual property, including without limitation, patents, copyrights or trademarks, that 2pensmedia claims either through registration, statutory or common law or otherwise in the Application.
- Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. 2pensmedia does not guarantee that this Application can be accessed on all devices or wireless service plans. 2pensmedia does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier or other telecommunications provider may charge you fees for data, messaging and/or other wireless access. Check with your provider to see if there are any such fees that apply to you. Coinnect at its sole discretion may charge a service fee to each contestant.
- Application Updates. You agree that the Application may automatically download and install updates, upgrades and additional features that 2pensmedia deems in its sole discretion reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation 2pensmedia may have to support the previous version(s) may end upon the availability of the update, upgrade and/or implementation of additional features. The Terms shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
- No Ownership Rights. You have no ownership rights in the Application. Rather, you have a limited license to use the Application as long as these Terms are in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with 2pensmedia and/or its licensors. You agree not to contest any such ownership. The use of the Application by any other individual, business, government or any other entity is strictly prohibited and is a violation of this License and these Terms.
- Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from 2pensmedia if you fail to comply with any provision of these Terms. We may terminate the License at any time by giving notice of termination to you by any reasonable means. You may terminate the License at any time by permanently deleting the Application in its entirety from all devices that you own or control. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of 2pensmedia’s other rights or remedies at law or in equity. Each provision of these Terms that would by its nature or terms survive the termination of these Terms shall indefinitely survive the termination of this EULA, regardless of the cause.
Except for Section 14, providing for a waiver of class action rights, 2pensmedia reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Application by you following such modification constitutes your acceptance of the Terms as modified.
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Application for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If you do not meet the eligibility requirements of this section, then you are not permitted to use the Application and you agree that you will not use the Application.
Additional eligibility requirements will apply to each contest or tournament. If you do not meet such eligibility requirements, you shall not participate in such contest or tournament.
In addition to any other rights that 2pensmedia may have in law or equity, 2pensmedia reserves the right to suspend or terminate the account of any purported user of the Application that does not meet the foregoing requirements.
- CONDITIONS OF USING THE APPLICATION
Communications and Disclosure. As a result of your use of the Application, you may receive certain commercial communications from 2pensmedia. You may opt-out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com.
As a condition of use, you promise not to use the Application for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 2pensmedia. By way of example, and not as a limitation, you agree to the following:
- You agree not to abuse, harass, impersonate, intimidate or threaten other
- You will not download or use the Application if you are under the age of 13, regardless of any age rating that is given to the Application by any third party.
- You will deny access to the Application to children under the age of 13, and you will monitor the use of Application so that it may not be used by children under the age of 13. You will be responsible for any use of your credit card or other payment instrument in the Application by anyone under the age of 18.
- You will use the Application for personal and non-commercial purposes only.
- You will not use the Application to advertise, solicit or transmit commercial advertisements, including without limitation junk e-mail, spam, spim, or any other unsolicited messages regardless of the medium (e. g. , email, text, SMS, chat, etc.).
- You will use the Application only for lawful purposes. This means that you will not use the Application to directly or indirectly violate any applicable law, rule or regulation or use the Application in any manner that would promote, aid or abet the violation of any applicable law, rule or regulation.
- You will not transfer, sell or trade the Application to anyone without prior written permission from 2pensmedia.
- You will not use or access an Application that has been transferred, sold or traded from another Application user without prior written permission from 2pensmedia.
- You will not make available through the Application any information that infringes any intellectual property or privacy rights of any other person or entity.
You agree to indemnify and hold 2pensmedia and its affiliates, and each of their respective parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities harmless from and against any and all losses, expenses, damages and/or liabilities (including, without limitation, any and all reasonable attorneys’ and expert witness fees and court costs), that 2pensmedia and/or its affiliates, as applicable, may incur from any claim, suit, action or proceeding made or brought by any third party arising out of (a) your breach or other violation of these Terms or by any allegation which, if true, would constitute a breach or other violation of these Terms by you, (b) your possession and/or installation of, or any use or misuse of, the Application, and/or (c) your violation of any third party right including, without limitation, any copyright, property, publicity or privacy right.
In the event that you have a dispute with any other person or entity arising from your use of the Application, you release 2pensmedia (and its affiliates, officers, directors, employees, members, shareholders, independent contractors, agents and suppliers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
- FORCE MAJEURE
The failure of 2pensmedia to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of 2pensmedia or other force majeure event will not be considered a breach of these Terms.
- WARRANTY DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION AND ALL RELATED PRODUCTS, SERVICES AND MATERIALS MADE AVAILABLE ON OR THROUGH THE APPLICATION ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. YOUR USE AND INSTALLATION OF THE APPLICATION IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. 2PENSMEDIA AND ITS LICENSORS (COLLECTIVELY “2PENSMEDIA” FOR PURPOSES OF THIS SECTION AND SECTION 11) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE, TITLE NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 2PENSMEDIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR EQUIPMENT; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; THAT THE APPLICATION WILL BE SECURE OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY 2PENSMEDIA, ANY THIRD PARTY OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
without limiting the generality of the foregoing, In the event that the application fails to conform to any applicable warranty (if any), and you OBTAINED the application from apple, you may notify Apple of such non-conformance and seek a refund from Apple of the “purchase price” you paid apple, if any, for the application. to the maximum extent permitted by applicable law, apple will have no other warranty obligation whatsoever with respect to the application and/or these Terms.
- LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL 2PENSMEDIA BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT 2PENSMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 2PENSMEDIA’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO 2PENSMEDIA FOR GENERAL USE OF THE APPLICATION DURING THE TERM OF YOUR USE OF THE APPLICATION OR, IN THE EVENT THAT NO PAYMENT WAS MADE, $20.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
APPLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS, (B) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER CONSUMER PROTECTION LAWS OR SIMILAR LEGISLATION, AND (D) CLAIMS BY ANY THIRD PARTY THAT THE APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE THIRD PARTY.
2pensmedia may terminate or suspend the Application and any and all services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Application will immediately cease, and you shall immediately delete the Application from your device. If you wish to terminate your account, you may simply discontinue using the Application or contact us at firstname.lastname@example.org with a note to say you wish to terminate your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- NO THIRD PARTY BENEFICIARIES
- CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
- Initial Dispute Resolution. You may contact our Customer Support Department at email@example.com regarding concerns you may have about the Application. You shall use your best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Customer Support Department and good faith negotiations, which shall be a condition to initiating arbitration. You agree to, throughout the term of the License, (i) download and use the most current version of the Application available through the store where you purchased the Application, and (ii) use the version of the operating system recommended by 2pensmedia from time-to-time. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and/or support services regarding the these Terms.
- Binding Arbitration. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision above is initiated, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Application shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1. 800. 778. 7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, 2pensmedia will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, 2pensmedia will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Australia, Canada, Italy, Singapore, or United Kingdom, arbitration shall be initiated in Cook County, State of Illinois, United States of America, and you and 2pensmedia agree to submit to the personal jurisdiction of any federal or state court in Cook County, State of Illinois, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Class Action Waiver. The parties agree that the resolution of any disputes between the parties shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND 2PENSMEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Changes to this Section. 2pensmedia will provide 60-days’ notice of any changes to this section. 2pensmedia may provide notice to you by any reasonable means, including, without limitation, sending an e-mail to your last known e-mail address and/or posting a notice on the Application. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
- Claims Not Subject to this Section. Notwithstanding the provisions of this Section 14, any claims by 2pensmedia against you for intellectual property infringement or breach of the License in Section 2 above may be brought in any proper venue and are not limited by or subject to the provisions of this Section 14.
- DISPUTE RESOLUTION VENUE FOR CLAIMS BY 2PENSMEDIA AGAINST YOU FOR BREACH OF LICENSE
For any dispute relating to your breach of the License in Section 2, you and 2pensmedia agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Cook County, Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
- GOVERNING LAW
The Terms and the relationship between you and 2pensmedia shall be governed by the federal laws of the United States and the laws of the State of Illinois without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License. The Uniform Computer Information Transactions Act or any version thereof, adopted by any state in any form (“UCITA”), shall not apply to these Terms and, to the extent that UCITA is applicable, 2pensmedia and you hereby opt-out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
- INJUNCTIVE RELIEF
You agree that a breach of these Terms by you will cause irreparable harm to 2pensmedia for which monetary damages would not be an adequate remedy and 2pensmedia shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- GENERAL INFORMATION
- Severability and Survival. If any provision of these Terms and this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms shall continue in full force and effect.
- Limitation of Liability and Disclaimer of Warranties are Material Terms of these Terms and License. You agree that the provisions in these Terms and this License that limit liability and disclaim warranties are essential terms of these Terms and this License.
- Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with this agreement by any authority. Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Coinnect. These details will be used to allow Coinnect to comply with tax regulations and may be shared with appropriate tax authorities. You, not Coinnect, are responsible for filing and paying applicable state and federal taxes on any winnings. Coinnect does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
- Export. You agree to abide by U. S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You represent and warrant that you are not a person with whom 2pensmedia is prohibited from transacting business under applicable law. Without limiting the generality of the foregoing, you represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Entire Agreement. These Terms and this License constitute the entire agreement between you and 2pensmedia with respect to the Application and supersede all prior or contemporaneous understandings regarding such subject matter. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and these Terms and any applicable purchase or other terms, the terms of this License and these Terms shall govern.
- Developer name and address. Please direct any questions, complaints or claims with respect to the application to:
P.O. Box 632
Morton Grove, IL 60053