End User License Agreement
This Application is provided by Crave it IO LLC
(“Company”). Your use of this Application, and the
services provided therein, are subject to the following terms and
conditions. Please read the following terms and conditions
carefully and be sure you understand them.
- User Account
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Certain portions of the Application may require registration of an
account with Company (“Account”). To register an Account,
you will be required to provide Company with certain contact
information and possibly billing information. You are obligated
to provide accurate and complete contact and billing information.
Failure to comply with the foregoing or to update the foregoing
if your contact information or billing information changes shall
constitute a breach of these terms and conditions, which may result in
the immediate termination and deletion of the Account.
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All contact and billing information provided by you shall be governed
by Company’s Privacy Policy.
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Your Account will be accessible by means of a password. You are
responsible for maintaining the confidentiality of the password and
are fully responsible for all activities that occur under your
password or Account. You agree to immediately notify Company of
any unauthorized use of your password or Account or any other breach
of security. You are not permitted to share, sell, distribute or
otherwise transfer your Account or allow your login credentials to be
used by any other individual.
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Company may, in its sole and absolute discretion, take whatever
action it deems necessary to preserve the integrity of the
Application. Violation of any of the terms and conditions set forth
herein may result in actions being taken by Company, effective
immediately or at a time determined by Company, which may include
without limitation: (i) temporarily suspending your Account, or
(ii) permanently terminating your Account. Without limiting the
foregoing, Company retains the right to decline service to any user
who violates the terms and conditions herein.
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Intellectual Property Rights
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Certain of the trademarks, logos, and service marks (collectively,
the "Trademarks") displayed on this Application are
registered and unregistered trademarks of Company. Nothing contained
on the Application should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark
displayed on this Application without the written permission of
Company. Your misuse of the Trademarks displayed on the
Application, or any other content on the Application, except as
provided herein, is strictly prohibited.
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Reproduction, distribution, republication and retransmission of
material contained within the Company Application is prohibited unless
the prior written permission of Company has been obtained.
- Use Restrictions
In accessing the Application and services therein, You agree not
to:
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use, copy, modify, adapt, correct errors, or create derivative works
from, the Application or any component thereof, or use the Application
to create a competing system;
-
decode, reverse engineer, disassemble, decompile or otherwise
translate or convert the Application or any component thereof;
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publicize or otherwise advertise the use of the Application or the
Content therein, without the prior written consent of Company;
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use the Application, or any Content, for any business decisions or
commercial purpose, such as promotion or sale of your products or
services; or
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use any automated means to access the Application and Content,
including use of spiders, bots, or other similar means.
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Third Party Content
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Some links within the Company Application may lead to other sites
owned and operated by third parties. Company is not responsible
for their content and does not necessarily sponsor, endorse or
otherwise approve of the materials appearing in such sites. In
addition, linked sites may be subject to terms of use and/or privacy
policies of their owner/operators, and anyone who uses such a link is
responsible for checking what those terms/policies are for themselves.
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To the extent any portion of the Application contains opinions
provided by third parties, including but not limited to, those set
forth in blog posts, webinars, and research papers, such opinions are
the opinions of the individual author and may not reflect the opinions
Company or any of its employees. Company is not responsible for their
content and does not necessarily sponsor, endorse or otherwise approve
of the materials provided by third parties.
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User Provided Content
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As part of the Application and services provided therein, Company
allows users to post their own content (“User Provided
Content”) that may be accessed by other users of the Application
and/or services provided therein. Company has no obligation to monitor
the User Provided Content, or to retain any User Provided Content.
When providing User Provided Content, you may not:
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Post or record any content or language which, in the sole and
absolute discretion of Company, is deemed to be offensive, including
without limitation content or language that is unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, hateful,
or racially, ethnically or otherwise objectionable;
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Falsely state or otherwise misrepresent your affiliation with any
person or entity;
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Post or record any content that infringes any patent, copyright,
trademark, trade secret, or any other intellectual property right of
any person or business; or
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Post or record any personal information in or on the User Provided
Content, except that you may communicate your own personal information
with the agreement that Company is not responsible for any misuse of
such personal information.
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Company does not claim ownership of any User Provided Content. By
posting or recording the User Provided Content, you hereby grant
Company a perpetual, irrevocable, worldwide, royalty-free, and
non-exclusive license to reproduce, adapt, modify, translate, publish,
publicly perform, publicly display and distribute any User Provided
Content which you post or record through the Application and/or the
services provided therein.
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Company reserves the right, in its sole and absolute discretion, to
modify or delete any User Provided Content. Company does not assume
any responsibility for the contents of the User Provided
Content.
- DMCA Notice
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If you believe that your copyrighted work has been copied in a way
that constitutes copyright infringement and is accessible on the site,
you may notify our copyright agent, as set forth in the Digital
Millennium Copyright Act of 1998 (DMCA), Title 17, United States Code,
Section 512(c)(2). For your complaint to be valid under the DMCA, you
must provide the following information when providing notice of the
claimed copyright infringement:
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A physical or electronic signature of a person authorized to act on
behalf of the copyright owner;
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Identification of the material that is claimed to be infringing or to
be the subject of the infringing activity and that is to be removed or
access to which is to be disabled as well as information reasonably
sufficient to permit Company to locate the material;
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Information reasonably sufficient to permit Company to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address;
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A statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, by its agent, or by law; and
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A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
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The above information must be submitted as a written notification to
the following Designated Agent:
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Christopher M. Pardo
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Hunton Andrews Kurth LLP
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60 State Street, Suite 2400
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Boston, MA 02109, USA
- (617) 648-2759
CPardo@HuntonAK.com
- Privacy Policy
Use of the Application
shall by governed by the Company’s Privacy Policy located at https://aroapp.ai/privacy-policy/. Company reserves the right at all times to monitor, review,
retain, and/or disclose any information, including IP addresses, as
necessary to satisfy any applicable law, regulation, legal process, or
government request, or to cooperate with law enforcement and other
authorities in investigating a claim of illegal activity.
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Disclaimer of Warranties
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COMPANY ASSUMES NO LIABILITY FOR THE USE OR INTERPRETATION OF
INFORMATION CONTAINED HEREIN. THIS APPLICATION AND THE SERVICES
PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITH ANY AND ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT
THAT THE APPLICATION OR CONTENT THEREIN ARE ERROR-FREE OR WILL BE
UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS OR
OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR
REQUIREMENTS.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE
LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DENIALS OF SERVICE
(INCLUDING COMPUTER CRASHES), BUSINESS INTERRUPTION OR ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE APPLICATION, OR ANY DOWNLOADED CONTENT, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR
OTHERWISE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
- Indemnification
You agree to indemnify and hold harmless Company, and its subsidiaries,
affiliates, officers, agents, or other partners, and employees, from any
claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of your use of and access to the
Application and services therein, your violation of these terms and
conditions, your violation of any rights of a third party, including but
not limited to claims of: infringement of third party intellectual
property rights or rights of privacy and publicity, claims of
defamation, as well as your violation of any applicable laws or
regulations.
- License Grant
Subject to the terms of this Agreement, Company grants you a limited,
non-exclusive, worldwide, and nontransferable license to:
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download, install, perform, display, and use the Application for your
personal, non-commercial use on a single mobile device owned or
otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's
documentation; and
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if applicable for Android devices, share the Application directly
with family members in a single family group on Google Play.
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License Restrictions
You shall not:
11.1 copy the
Application, except as expressly permitted by this license;
11.2 modify, translate,
adapt, or otherwise create derivative works or improvements, whether or
not patentable, of the Application;
11.3 reverse engineer,
disassemble, decompile, decode, or otherwise attempt to derive or gain
access to the source code of the Application or any part thereof;
11.4 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;
11.5 remove, disable,
circumvent, or otherwise create or implement any workaround to any copy
protection, rights management, or security features in or protecting the
Application; or
11.6 as to iOS devices,
use the Application in contravention of the Usage Rules set forth in the
Apple App Store Terms of Service.
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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. Company reserves and shall retain its 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.
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Collection and Use of Your Information
You acknowledge that when you download, install, or use the
Application, Company may use automatic means (including, for example,
cookies and web beacons) to collect information about your Mobile Device
and about your use of the Application. You also may be required to
provide certain information about yourself as a condition to
downloading, installing, or using the Application or certain of its
features or functionality. All information we collect through or in
connection with this Application is subject to our privacy policy as
amended from time to time, available at [hyperlink] (“Privacy
Policy”). By downloading, installing, using, and providing
information to or through this Application, you consent to all actions
taken by us with respect to your information in compliance with the
Privacy Policy.
- Updates
Company 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 Company has no obligation to provide any Updates or to
continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is
connected to the internet either:
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the Application will automatically download and install all available
Updates; or
14.2 you may receive
notice of or be prompted to download and install available
Updates.
You shall promptly download and install all Updates and acknowledge and
agree that the Application or portions thereof may not properly operate
should you fail to do so. You further agree that all Updates will be
deemed part of the Application and be subject to all terms and
conditions of this Agreement.
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Term and Termination
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The term of Agreement commences when you download and install the
Application, and click “agree,” and will continue in
effect until terminated by you or Company as set forth in this Section
9.
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You may terminate this Agreement by deleting the Application and all
copies thereof from your Mobile Device.
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Company may terminate this Agreement at any time without notice. In
addition, this Agreement will terminate immediately and automatically
without any notice if you violate any of the terms and conditions of
this Agreement.
15.4 Upon
termination:
(a) all
rights granted to you under this Agreement will also
terminate; and
(b) you must
cease all use of the Application and delete all copies of the
Application from your Mobile Device and account.
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Termination will not limit any of Company's rights or remedies at
law or in equity.
- Store Refunds
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App Store: In the event of any failure of the Application to conform to any
applicable warranty, the You may notify Apple, and Apple will refund
the purchase price for the Application to You; however, to the maximum
extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Application, and any other
claims, losses, liabilities, damages, costs or expenses attributable
to any failure to conform to any applicable warranty will be the
Company’s responsibility.
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Google Play: You may notify Google at any time within 48 hours after Your
purchase, and Google will refund the purchase price for the
Application to You; however, to the extent permitted by applicable
law, Google will have no other warranty obligations whatsoever with
respect to the Application, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to
any applicable warranty will be the Company’s
responsibility.
- Product Claims
You shall direct any claims relating to the Application or Your
possession and/or use of the Application solely to the Company,
including, but not limited to: (i) any applicable product liability
claims; (ii) any applicable claim that the Application fails to conform
to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
- 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.
- General
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These terms and conditions will be governed by and construed in
accordance with the laws of the State of Florida, and any disputes
arising hereunder shall be subject to the exclusive jurisdiction of
the courts of Miami Dade County, Florida.
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These terms and conditions contain the entire understanding of the
parties hereto relating to the use of this Application and supersedes
any prior written or oral agreement or understandings between the
parties with respect to this Application, and cannot be changed or
terminated orally.
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If for any reason a court of competent jurisdiction finds any
provision of these terms and conditions, or portion thereof, to be
unenforceable, the remainder of these terms and conditions shall
continue in full force and effect.
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Company may revise these terms and conditions from time to time by
updating or revising this posting, with the revised terms and
conditions taking effect as of the date of its posting. It is your
responsibility to check these terms and conditions periodically for
changes. Your continued use of the Application following the
posting of changes on the Application will mean that you accept and
agree to the changes.
- Notice
If you have any questions regarding these Terms and Conditions, or if
you would like to contact Company for any other reason, write to:
ARO App
Crave It IO LLC
3750 NW 87th Ave, Suite 500
Doral, FL 33178, USA
(786) 383-1230
info@aroapp.ai