Thank you for visiting the ActivityApp mobile app and ActivityApp.net. It
governs your use of any ActivityApp–owned website or mobile or tablet application
on which it is posted (referred to collectively herein as ‘Site” or our “Sites”). These
Terms of Use govern your use of this Site.
These Terms of Use apply to all users of this Site. By using this Site
you are agreeing to comply with and be bound by these Terms of Use. If
you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy,
which is expressly incorporated herein. Before using this Site, please
carefully review our Privacy Policy. Information provided to us as a
result of your use of this Site will be handled in accordance with our Privacy Policy. To
the extent there are inconsistencies between these Terms of Use and our Privacy
Policy, these Terms of Use control.
When you sign up to use a special feature of our Site, you may be asked to agree
to special terms governing your use of the special feature. In such cases,
you may be asked to expressly consent to the special terms, for example, by checking
a box or clicking on a button marked “I agree.” This type of agreement
is known as a “click–through” agreement. If any of the terms of the click–through
agreement are different than the terms of these Terms of Use, the terms of the click–through
agreement will supplement or amend this these Terms of Use, but only with respect
to the matters governed by the “click–through agreement.”
Section 6: Responsibility for User–Generated Content Posted on orThrough this Site
You agree that our exercise of such discretion shall not render us the owners of
User–Generated Content you post, and that you will retain ownership thereof as described
above.
Restrictions on User–Generated Content: It is a condition
of these Terms of Use that you do not:
upload, post, transmit or otherwise make available
- any User–Generated Content that is unlawful, harmful,
hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar,
pornographic, profane, racially disparaging, indecent, or invasive of another’s
privacy;
- any User–Generated Content that constitutes
or encourages activity illegal under criminal or civil law;
- any User–Generated
Content that is false, misleading, or fraudulent;
- any User–Generated Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information or proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
- any User–Generated Content that violates or infringes
upon the rights of others, including User–Generated Content which violates the patent
rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret
rights, confidentiality rights, contract rights, or any other rights of any individual,
living or deceased, or any legal entity;
- any User–Generated Content that contains the image,
name or likeness of anyone other than yourself, unless (i) that person is at least
eighteen years old and you have first obtained his/her express permission or (ii)
that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private
information from any individual;
- any request for or solicitation of money, goods, or
services for private gain;
- any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment; or
- any User–Generated Content that contains advertising,
promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.
By posting User–Generated Content, you represent and warrant that (i) you own or
otherwise control all of the rights to the User–Generated Content and have the right
to grant the license set forth in these Terms of Use; (ii) the User–Generated Content
is accurate, and (iii) you are at least eighteen years old and you have read and
understood—and your User–Generated Content fully complies with—these Terms of Use
and applicable laws and will not cause injury to any person or entity.
Section 7: Removal of Content
In general: On certain pages of this Site, we may provide to you a tool to report
objectionable User–Generated Content. If that tool is not available,
you can report objectionable User–Generated Content and other objectionable Content
by contacting us using the information provided below. While we do not
have any obligation to remove Content from this Site merely because of a removal
request, we will review all such requests and will remove Content that we determine
should be removed, in our sole discretion and in accordance with these Terms of
Use and applicable law. Please be aware, however, that if the Content
has already been distributed to other websites or published in other media, we will
not be able to recapture and delete it. Also, a back–up or residual
copy of the Content we remove from this Site may remain on back–up servers.
Violation of copyrights: ActivityApp does not knowingly violate or permit others
to violate the copyrights of others. We will promptly remove or disable access to
material that we know is infringing or if we become aware of circumstances from
which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights,
please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides
recourse for copyright owners who believe that material appearing on the Internet
infringes their rights under U.S. copyright law. If you believe that your own work,
or the work of a third party for whom you are authorized to act, is featured on
this Site or has been otherwise copied and made available on this Site in a manner
that constitute copyright infringement, please notify us immediately. Your notice
must be in writing and must include:
- an electronic or physical signature of the copyright
owner or of the person authorized to act on behalf of the owner of the copyright
interest;
- a description of the copyrighted work that you claim
has been infringed;
- a description of where the material that you claim is
infringing is located on this Site (including the URL, title and/or item number
if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address,
and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its agent,
or the law; and
- a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Your statement must be addressed as follows:
Copyright Agent
ActivityApp.net
18140 Zane Street NW #303
Elk River, MN 55330
support@activityapp.net
Any notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not be considered sufficient
notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances
from which infringing material or acts are evident.
Section 8: Your Feedback
Although we do not claim ownership of User–Generated Content you post using this
Site, the Feedback you provide to us through this Site will be and remain our exclusive
property. Your submission of Feedback will constitute an assignment to us of all
worldwide rights, title and interests in your Feedback, including all copyrights
and other intellectual property rights in your Feedback. We will be entitled to
reduce to practice, exploit, make, use, copy, disclose, display or perform publicly,
distribute, improve and modify any Feedback you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we
ask that you not send us any Feedback that you do not wish to assign to us.
Section 9: Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide
Personal Information to ActivityApp it will be true, accurate, current, and complete
and that you will update all Personal Information as necessary.
To the extent you
create an account through this Site, you understand and agree that any account you
create, including your username and password, are personal to you and may not be
used by anyone else. You are responsible for maintaining the confidentiality of
your username and password and are fully responsible for all activities that occur
under your username and password by you or by anyone else using your username and
password, whether or not authorized by you. You agree to change your password immediately
if you believe your password may have been compromised or used without authorization.
You also agree to immediately inform us of any apparent breaches of security such
as loss, theft or unauthorized disclosure or use of your username or password by
contacting us using the information provided below. Until we are so notified you
will remain liable for any unauthorized use of your account.
You agree to use this
Site in a manner consistent with any and all applicable rules and regulations. You
agree not to upload or transmit through this Site any computer viruses, trojan horses,
worms or anything else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer. Any unauthorized modification, tampering or
change of any information, or any interference with the availability of or access
to this Site is strictly prohibited. We reserve all rights and remedies available
to us.
Section 10: Disclaimers
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT,
OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE
AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS
IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO
THE FULLEST EXTENT PERMITTED BY LAW, ACTIVITYAPP, ITS AFFILIATES, AND THEIR SERVICE
PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE
OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR
SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, ACTIVITYAPP, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS
DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE;
(C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT
THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT
OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH
THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
ACTIVITYAPP
DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE
BY ANYONE OTHER THAN AUTHORIZED ACTIVITYAPP SPOKESPERSONS. WE DO NOT ENDORSE AND
ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER–GENERATED
CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS,
ADVICE AND OPINIONS OF ACTIVITYAPP. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS,
PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS,
OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT
OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES,
SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
Section 11: Limitation of Liability
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER–GENERATED CONTENT. ALTHOUGH
WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS OF
USE, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST USING THIS SITE
AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING
OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER IN
CONNECTION WITH YOUR USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE
AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER
ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A
VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD
PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES
FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF
LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which
vary from country to country. Some jurisdictions do not allow certain kinds of limitations
or exclusions of liability, so the limitations and exclusions set out in these Terms
of Use may not apply to you. Other jurisdictions allow limitations and exclusions
subject to certain conditions. In such a case the limitations and exclusions set
out in these Terms of Use shall apply to the fullest extent permitted by the laws
of such applicable jurisdictions. Your statutory rights as a consumer, if any, are
not affected by these provisions, and we do not seek to exclude or limit liability
for fraudulent misrepresentation.
Section 12: Links to Third–Party Websites
This Site may provide links to other websites operated by third parties. Because
we have no control over third-party websites, we are not responsible for the availability
of those websites and do not endorse and are not responsible or liable for any content,
advertising, services, products, or other materials on or available from such websites. ActivityApp shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of
or reliance on any content, advertising, services, products, or other materials
on or available from such websites. These Terms of Use do not apply to your use
of third-party websites; your use of such websites is subject to the terms and policies
of the owner of such websites.
Section 13: Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete,
suspend or discontinue, temporarily or permanently this Site (or any portion thereof)
and/or the information, materials, products and/or services available through this
Site (or any part thereof) with or without notice. You agree that we shall not be
liable to you or to any third party for any such modification, editing, deletion,
suspension or discontinuance of this Site.
Section 14: Waiver
Our failure at any time to require performance of any provision of these Terms of
Use or to exercise any right provided for herein will not be deemed a waiver of
such provision or such right. All waivers must be in writing. Unless the written
waiver contains an express statement to the contrary, no waiver by ActivityApp of
any breach of any provision of these Terms of Use or of any right provided for herein
will be construed as a waiver of any continuing or succeeding breach of such provision,
a waiver of the provision itself, or a waiver of any right under these Terms of
Use.
Section 15: Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction
to be contrary to law, such provision will be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest extent allowed
by law and the remaining provisions of these Terms of Use will remain in full force
and effect.
Section 16: Governing Law, Jurisdiction, and Venue
These Terms of Use will be governed under the laws of the State of Minnesota without
regard to its conflicts of law provisions. All actions or proceedings arising out
of or relating to these Terms of Use will be venued exclusively in state or federal
court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to
the personal jurisdiction of said courts for all such purposes. However, we retain
the right to bring legal proceedings in any jurisdiction where we believe that infringement
of these Terms of Use is taking place or originating.
Section 17: Indemnity
You agree to indemnify and hold ActivityApp, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, made by any third
party due to or arising out of your use of this Site in violation of these Terms
of Use and/or arising from a breach of these Terms of Use and/or any breach of your
representations and warranties set forth above and/or if any material that you post
using this Site causes us to be liable to another. We reserve the right to defend
any such claim, and you agree to provide us with such reasonable cooperation and
information as we may request.
Section 18: These Terms of Use May Change
We reserve the right to update or modify these Terms of Use at any time, without
prior notice, by posting the revised version of these Terms of Use behind the link
marked “Terms of Use” at the bottom of each page of this Site. These changes will
be effective as of the date we post the revised version on this Site. Your continued
use of this Site after we have posted the revised Terms of Use constitutes your
agreement to be bound by the revised Terms of Use. For your convenience, whenever
these Terms of Use are changed, we will alert you by placing the word “New” next
to the link marked “Terms of Use” in the universal footer of this Site. We will
also update the “effective date” at the top of this page. If you have not used this
Site recently, be sure you check the effective date to see if these Terms of Use
have been revised since your last visit. You may access the current version of these
Terms of Use at any time by clicking on the link marked “Terms of Use” in the universal
footer of this Site.
Section 19: Entire Agreement
These Terms of Use (together with our Privacy Policy and any click–through agreements
applicable to you) contain the entire understanding and agreement between you and
ActivityApp with respect to this Site and supersede all previous communications,
negotiations, and agreements, whether oral, written, or electronic, between you
and ActivityApp with respect to this Site and your use of this Site.
Section 20: Definitions
“Content” refers to all of the software and code comprising or
used to operate this Site, and all of the text, photographs, images, illustrations,
graphics, sound recordings, video and audio-video clips, and other materials available
on this Site, including User–Generated Content.
“Feedback” refers to the Content you post on or through this Site
that is specifically about how we can improve this Site and the products and services
we make available through this Site.
“including” means “including, but not limited to.”
“Personal Information” refers to information that identifies you
personally, alone or in combination with other information available to us. Examples
of Personal Information include your name, address, and email address.
“ActivityApp,” “we,” “us,” and
“our” refer to ActivityApp and the individuals or entities that
own and operate any products or services via ActivityApp and ActivityApp.net.
“User-Generated Content” refers to all of the text, photographs,
images, illustrations, graphics, sound recordings, video, audio-video clips, and
other Content that you post on or through this Site using the social networking
tools we make available to you and that does not constitute Feedback. One way that
User–Generated Content differs from other information you provide to us is that,
once submitted, User-Generated Content is made available instantaneously to others.
Section 21: Questions
If you have any questions about this Site or these Terms of Use, please contact
us using the following information:
ActivityApp.net
18140 Zane Street NW #303
Elk River, MN 55330
Email: support@activityapp.net