end user licensing agreement (eula)
This Bopdrop End User License Agreement (“Agreement”) is a binding agreement between you (“User” or “you”) and Bopdrop Inc. (“Bopdrop”). This Agreement governs your use of the Bopdrop services, content, materials, documentation, information, and data made available to you, and that you make available to Bopdrop, through the bopdrop application (collectively, the “Application”).
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND YOU REPRESENT THAT YOU ARE OF LEGAL AGE (18) TO ENTER INTO THIS AGREEMENT AS A BINDING OBLIGATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE(S).
THIS AGREEMENT CONTAINS IMPORTANT LEGAL PROVISIONS REGARDING YOUR RIGHTS IN CONNECTION WITH USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, PROVISIONS RELATED TO DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, INDEMNITY, GOVERNING LAW, AND DISPUTE VENUE, AMONG OTHERS. YOU ARE ENCOURAGED TO SCROLL THROUGH THIS AGREEMENT FROM BEGINNING TO END AND TO READ THE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING IT. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS AGREEMENT, PLEASE CONTACT BOPDROP USING THE CONTACT INFORMATION PROVIDED BELOW.
1.) Right of Use. Bopdrop makes this Application available to individual users who have subscribed to the Application. Bopdrop grants to you a limited, non-exclusive, and nontransferable right to use the Application on devices owned or otherwise controlled by you (“Device”) subject to the terms of this Agreement and to any third-party provider terms and conditions, including but not limited to the App Store Terms of Service. In order to use the Application, you agree to provide to Bopdrop authentication tokens, when applicable, for your Social Networks, as that term is defined below, and you will have the option to provide certain other data from your Social Networks (collectively, “User Data”).
2.) Restrictions. Notwithstanding the rights granted in Section 1 above, you shall not: (a) copy, modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; (e) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (f) access the Application to create a competitive or replacement application or related service; (g) use the Application in or in association with the design, construction, maintenance, or operation of any hazardous environments or systems, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; (h) include personal health information (as defined in the Health Insurance Portability and Accountability Act of 1996, as amended) in any electronic notes within the Application; or (i) use any data resulting from the Application for any purpose other than your own personal purpose nor sell any of the resulting data or your Application access credentials, nor retain, use or disclose the resulting data from your use of the Application for the benefit of any third party (other than the use of such resulting data to identify and approach prospective customers pursuant to the terms and conditions under this Agreement).
3.) Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Bopdrop and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4.) Your Responsibilities. You may be responsible for the safekeeping, proper use and management of all passwords or other access controls to the Application. If you are responsible for the safekeeping, proper use and management of all passwords or other access controls to the Application, you shall securely store your password to the Application and ensure your password is used only for the uses permitted under this Agreement. If you learn of any loss or unauthorized use of your passwords, you shall promptly notify Bopdrop of the same and reasonably cooperate in the investigation of the incident and take reasonable steps to mitigate the adverse consequences and damages arising from such loss or unauthorized use. By using the Application, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
5.) Collection and Use of Your Information. You acknowledge that when you use the Application, Bopdrop may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. Furthermore, you acknowledge that the Application gathers information through your third party social media platforms that integrate with the Application as approved by Bopdrop in its sole discretion, including, but not limited to Facebook, Apple and Spotify (each, a “Social Network”). By using and providing User Data and Social Media Data (as defined below) to or through this Application, you consent to Bopdrop using such User Data and Social Media Data solely to provide the Application. Additionally, you represent and warrant that you have all necessary rights, permissions, and authorizations to provide the User Data to Bopdrop. Bopdrop shall not use your User Data for any other purpose except providing you with the Application and shall not sell your User Data or Social Media Data to any third party
6.) Social Network Information. You agree to provide Bopdrop access to content, data, or information made available on applicable Social Networks or through a Social Network’s API (“Social Media Data”). You acknowledge that the applicable Social Network owns all right, title and interest in and to the Social Media Data. For the avoidance of doubt, Social Media Data does not include User Data. The use of Social Media Data is subject to the applicable terms and conditions of the applicable Social Network, including the respective Social Network’s privacy policy. For use of Social Media Data, you agree to abide by the applicable terms and conditions of the applicable Social Network, which are referenced in the below chart.
Social Network Location of Terms and Conditions
https://www.facebook.com/terms.php
https://www.facebook.com/policy.php
Apple
https://www.apple.com/legal/internet-services/itunes/us/terms.html
https://www.apple.com/legal/privacy/en-ww/
Spotify
https://www.spotify.com/us/legal/end-user-agreement/
https://www.spotify.com/us/legal/privacy-policy/
7.) Updates. Bopdrop may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Bopdrop has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that Bopdrop and its third-party providers have no obligation whatsoever to furnish and maintenance or support services. Based on your Device settings, when your Device is connected to the internet either the Application will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
8.) Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, (“Third-Party Materials”). You acknowledge and agree that Bopdrop is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Bopdrop does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
9.) Suspension. Without limitation and by way of example only, Bopdrop may suspend access to any portion or all of the Application if Bopdrop reasonably determines that (a) there is a threat of harm to or actual harm to any of the components comprising the Application; (b) your use of the Application disrupts or poses a risk to any of the components comprising the Application or to Third-Party Materials; or (c) you are misusing the Application, including without limitation, for unauthorized, fraudulent, or illegal activities.
10.) Term and Termination. The term of this Agreement commences when you acknowledge your acceptance and will continue in effect for the duration of your use of the Application, unless terminated by you or Bopdrop as set forth above and in this Section (the “Term”). You may terminate this Agreement by discontinuing use of the Application and deleting all copies thereof from your Device(s). Bopdrop may terminate this Agreement at any time without notice if it ceases to support the Application, which Bopdrop may do in its sole discretion. In addition, Bopdrop may terminate this Agreement and your access to the Application immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Devices and account. Termination will not limit any of Bopdrop’s rights or remedies at law or in equity. You hereby acknowledge and agree that Bopdrop has no obligation to refund any fees paid by you for access to and use of the Application if your right to access and use the Application has been suspended or terminated for any reason as set forth in Section 8 or you terminate this Agreement as set forth above.
11.) Disclaimer of Warranties. WHILE BOPDROP ENDEAVORS TO USE REASONABLE EFFORTS TO MAINTAIN THE APPLICATION, THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BOPDROP, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING OR COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, BOPDROP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SOCIAL MEDIA WEBSITES, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.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.
In the event any third-party provider refunds the purchase price of the Application to you, to the maximum extent permitted by applicable law, such third-party provider will have no other warranty obligation whatsoever with respect to the Application.
You agree that any of Bopdrop’s third-party providers are not responsible for addressing 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: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
12.) Waiver of Damages; Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOPDROP, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESSORS, ASSIGNS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “BOPDROP PARTIES”) HAVE ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BOPDROP PARTIES IN THE AGGREGATE BE LIABLE FOR ANY DAMAGES IN A TOTAL AMOUNT EXCEEDING THE GREATER OF (A) FEES PAID BY YOU TO BOPDROP IN THE PREVIOUS TWELVE (12) MONTHS TO USE THE APPLICATION OR (B) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING WAIVERS AND LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER BOPDROP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WAIVERS AND LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE WAIVERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13.) Indemnification. You agree to indemnify, defend, and hold harmless each of the Bopdrop Parties from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
14.) Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
15.) Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
16.) Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement, the Form, or the Application shall be instituted exclusively in the state or federal courts located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17.) Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Bopdrop with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
18.) Third Party Beneficiaries. You acknowledge and agree that Bopdrop’s third-party providers are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, such third-party providers will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the you as a third party beneficiary hereof.
19.) Waiver. 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 that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
20.) Contact Us. If you have any questions regarding this Agreement, please contact us via email:
Via Email: support@bopdrop.com