Terms and Conditions
The following Terms of Service (“TOS”) are between you and dove valley apps, llc. (“dove valley apps”) and constitute a legal agreement that governs the customization and setup of dove valley apps smartphone apps ("Apps") for you and your use of the software, services and websites associated with the Apps (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by actually using the Service. If you do not agree to any of the following terms, please do not use the Service.
Changes to the TOS
dove valley apps may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://dovevalleyapps.com/dva/terms. If dove valley apps makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if dove valley apps makes a change to the TOS that materially impacts your use of the Service, dove valley apps may post notice of any such change on our website and/or email you notice of any such change to your dove valley apps account.
Changes to the Service
dove valley apps reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the TOS. Continued use of the Service after any such changes constitutes your consent to such changes. Without limiting the foregoing, dove valley apps may post on our website and/or send email to your dove valley apps account, notice of such changes to the Service. It is your responsibility to review our website and/or check your email for any such notices. You agree that dove valley apps shall not be liable to you or any third party for any modification or cessation of the Service.
No Resale of Apps or Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Apps or the Service (or any part thereof) for any purpose.
The Service is billed in advance on an annual basis and all fees and charges are non-refundable. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.
Changes in Price
dove valley apps may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new fees or charges. If you do not agree to any such price changes, then you must cancel your dove valley apps account and and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Cancellation and Termination
You may request cancellation of the Service by submitting your request in writing to email@example.com. All of your Content will be deleted from the Service upon cancellation. Deleted information cannot be recovered. If you cancel the Service before the end of your contract year, your cancellation will take effect immediately and you will not receive a refund. dove valley apps, in its sole discretion, has the right to suspend or terminate your account and cancel any and all current or future use of the Service, or any other dove valley apps service, for any reason at any time. Cancellation or termination of the Service may result in any or all of the following, without any notice to you and without any refund to you of fees or charges: (a) the deactivation or deletion of your account or removal of your access to the Service; (b) your forfeiture and relinquishment of all Content; (c) the disabling or discontinuance of App features or functions; (d) the removal of an App from App distribution channels.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your dove valley apps account is allocated certain levels of storage capacity and bandwidth for network traffic as described in the dove valley apps feature pages. Exceeding any applicable limitation of bandwidth or storage capacity is prohibited. Repeated violations may result in termination of your account. dove valley apps reserves the right to modify these limitations on use at any time.
Customer Account Security
When you accept these TOS and complete the dove valley apps account registration you are required to select a unique name that will be used for your account (your “Customer ID”). You are reponsible for all activity that takes place on your dove valley apps account. Upon creating your Customer ID you will be required to select a password. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Customer ID.
Removal of App from Distribution Channel
You acknowledge and agree that dove valley apps does not control nor is it controlled by any third-party App distribution companies or App distribution channels, including, but not limited to Apple Inc., the Apple App Store and iTunes, Google Inc., and Android Market. You acknowledge and agree that such App distribution companies and App distribution channels may at any time and without cause and/or notice remove an App from an App distribution channel with no refund of customization fees, setup fees and hosting fees due or made to you.
Use of Location-based Services
You agree that you will NOT use the Service to:
1. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
2. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
3. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
4. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon); and/or
5. plan or engage in any illegal activity
"Content" means any information that may be posted, generated or encountered through use of the Apps or the Service, including, but not limited to data files, webpages, blogs, text, music, graphics, artwork, photographs, images, sounds, videos, messages, news, maps, icons, and logos. You acknowledge and agree that all Content, whether publicly posted or privately transmitted on the Apps or the Service, is the sole responsibility of the entity from which such Content originated. This means that you, and not dove valley apps, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through the Apps or the Service. dove valley apps does not control the Content posted via the Apps or the Service, nor does it guarantee the accuracy, integrity or quality of such Content.
License from You for Posted Content
Except for material we may license to you, dove valley apps does not claim ownership of the materials and/or Content you submit or make available on the Apps or the Service. However, by submitting or posting such Content on areas of the Apps or the Service that are accessible by the public, you grant dove valley apps a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content. Said license will terminate within a commercially reasonable time after you or dove valley apps remove such Content from the public area. By submitting or posting such Content on areas of the Apps or the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.
You understand that in order to provide the Apps and the Service and make your Content available thereon, dove valley apps may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits dove valley apps to take any such actions.
You acknowledge that dove valley apps is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, dove valley apps reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. dove valley apps does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Access to Your Account and Content
You acknowledge and agree that dove valley apps may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of dove valley apps, its users or the public as required or permitted by law.
dove valley apps, the dove valley apps logo and other dove valley apps trademarks, service marks, graphics, and logos used in connection with the Apps or the Service are trademarks or registered trademarks of dove valley apps, Inc. Other trademarks, service marks, graphics, and logos used in connection with the Apps or the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Apps or the Service.
dove valley apps’ Proprietary Rights
You acknowledge and agree that dove valley apps and/or its licensors own all legal right, title and interest in and to the Apps and the Service, and any software, databases or websites provided to you as a part of and/or in connection with the Apps or the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Apps and the Service (including the Software, or any other part thereof) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
License From dove valley apps
dove valley apps grants you a non-exclusive, non-transferable, limited license to use the Apps, the Service and the Software as provided to you by dove valley apps and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of this Agreement.
As part of the Apps and the Service, you may from time to time receive updates to the Software from dove valley apps which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that dove valley apps may automatically deliver such updates to you as part of the Apps and the Service and you shall receive and install them as required.
Certain Content, components or features of the Apps and the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because dove valley apps may have no control over such third party sites and/or materials, you acknowledge and agree that dove valley apps is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that dove valley apps shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://maps.google.com/help/legalnotices_maps.html.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPS AND THE SERVICE IS AT YOUR SOLE RISK AND THE APPS AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOVE VALLEY APPS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, DOVE VALLEY APPS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPS AND THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE APPS AND THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE APPS AND THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE APPS AND THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPS AND THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEGE THAT THE APPS AND THE SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE APPS AND THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOVE VALLEY APPS OR THROUGH OR FROM THE APPS AND THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT dove valley apps AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF DOVE VALLEY APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE APPS OR THE SERVICE (II) ANY CHANGES MADE TO THE APPS OR THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE APPS OR THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE APPS OR THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPS OR THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE APPS OR THE SERVICE.
You agree to defend, indemnify and hold dove valley apps, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Apps or the Service; (b) your use of the Apps or the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Apps or the Service.
You acknowledge that you are responsible for all use of the Service through your account, and that these TOS apply to any and all usage of your account. You agree to comply with these TOS and to defend, indemnify and hold harmless dove valley apps from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
These TOS constitute the entire agreement between you and dove valley apps, govern your use of the Apps and the Service and completely replace any prior agreements between you and dove valley apps in relation to the Apps or the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of dove valley apps to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Apps or the Service must be filed within one (1) year after the cause of action arose or be forever barred.