The following terms and conditions (the “Agreement”) govern all use of the “Photo Phrase” application (“Application”). The Application is owned and operated by Double Coconut LLC (“Double Coconut”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Double Coconut reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Notwithstanding the foregoing, if User paid Double Coconut for the Application, User will only be bound by this Agreement as originally agreed-to by User in connection with such purchase (i.e. the new/modified terms will not apply).
This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
- AGE RESTRICTION. User hereby certifies to Double Coconut that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies that it is legally permitted to use the Application (and that, if User is under the legal age of contractual consent, User has the authority and permission of a legal guardian).
- LICENSE; USER CONTENT. Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable license to access the application from User’s mobile or other computing device solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose. User acknowledges and agrees that if User uses the Application to contribute or share any content (“User Content”), Double Coconut is hereby granted a non-exclusive, worldwide, perpetual, royalty-free, transferable right to use, reproduce and display such User Content as reasonably necessary to provide User with the Application features. Double Coconut reserves the right to remove any User Content from the Application (or prohibit its transmission) at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all. User represents and warrants that (i) User has all rights, power, and authority to submit all User Content and grants the foregoing license, (ii) none of the User Content infringes or otherwise violated the rights of any third party, (iii) all User content complies with all applicable laws and regulations, and (iv) none of the User Content is profane, contains any nudity, is obcene, or is sexual or otherwise offensive.
- LOCATION BASED SERVICES. Where Double Coconut collects location-based information, Double Coconut may do it on an anonymised basis for the improvement of our Application. User hereby consents to Double Coconut’s use of anonymised location based services information collected from User. Where the location-based information is personally identifiable Double Coconut will give User options to manage User’s disclosure of this information within the Application. Depending on the functionalities available on User’s mobile device, User may benefit from advanced options to manage the location-based information.
- RESTRICTIONS. User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Double Coconut shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application, or to any of the services offered on or through the Application, by hacking, password “mining”, or any other illegitimate means. User shall not probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Double Coconut’s systems or networks, or any systems or networks connected to the Application or Double Coconut. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person’s use of the Application. User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm any third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement. In the event User submits any information to the Application, User represents and warrants that User has the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).
- APPLE TERMS In the event you are using the Application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply: 5.1 User agrees that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon User’s acceptance of this Agreement, Apple will have the right to (and will be deemed to have accepted the right) to enforce this Agreement against User as the third party beneficiary thereof; 5.2 User acknowledges and agrees that Double Coconut, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; 5.3 User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; and 5.4 In the event of any failure of the Application to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification Apple will refund the purchase price for the Application (if any) to User.
- MEMBER DISPUTES. User is solely responsible for your interactions with other Application users. Double Coconut reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release Double Coconut (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- REGISTRATION; SECURITY. As a condition to using certain products and services of the Application, User will be required to register with Double Coconut and select a password and User name (“Double Coconut User ID”) or register through Facebook. User shall provide Double Coconut with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a Double Coconut User ID a name of another person with the intent to impersonate that person; or (ii) use as a Double Coconut User ID a name subject to any rights of a person other than User without appropriate authorization. Double Coconut reserves the right to refuse registration of, or cancel a Double Coconut User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s Double Coconut password and other account information.
- INDEMNIFICATION. User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Double Coconut, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User’s (i) access to or use of any of the Applications, (ii) violation of this Agreement, or (iii) User Content.
- WARRANTY DISCLAIMER. THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Double Coconut MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL Double Coconut, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- TERMINATION. Double Coconut may terminate User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
- MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Double Coconut shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Double Coconut’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Double Coconut’s prior written consent. Double Coconut may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Double Coconut in any respect whatsoever.