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Terms of Service
Effective Date: 12/12/2016Thank you for using Stoovo. These Terms of Service (the "Terms") govern your use of the Stoovo mobile application, SMS messaging service, social media accounts, Stoovo.com, and other affiliated websites (collectively, the "Service"). These Terms are an enforcement contract between you and the owner of the Service, Stoovo, Inc. (the "Company"). By accessing, using, registering for, or otherwise visiting the Service in any way, you agree to be bound by these Terms in full. You agree not use or access any portion of the Service unless you agree to these Terms. Use of the Service You agree to use the service solely for yourself and not on behalf of any other person or entity. As used in these Terms, "you" refers to you individually. By using the Service, you represent and warrant that you are at least 18 years of age and have the authority and capacity to enter into the Terms. In addition, you agree that all information to submit to the Service or the Company will be truthful, complete, and accurate in all respects, and will be maintained as such. Under no circumstance will you use the Service to: post, transmit, or share anything which, in the sole discretion of the Company, is illegal, illicit, offensive, or defamatory; circumvent, disable, damage, or impair the Service, the Company's networks, or the ability of any other person to use the Service; or violate the rights, including intellectual property rights, of any other person. You will not use the Service in any way that is illegal or prohibited in your jurisdiction. You agree not to crawl, spider, index, decode, reverse engineer, or decompile the Service. Provided that you abide by these Terms in full, the Company grants to you a limited, non-transferable, non-exclusive, non-sublicenseable and personal license to use the Service solely for its intended purposes. The Company may disable or restrict your access to the Service at any time. The Company reserves the right to discontinue or modify the Service at any time without notice. You agree that under no circumstance will the Company be responsible to you for any discontinuation or modification of the Service.
Modification of TermsThe Company reserves the right to replace or modify these Terms at any time by updating this document and notifying you in the application or through a message delivered to your phone. Your continued use the Service after the update will constitute your acceptance of the revised Terms. The most recent effective date of the Terms will appear at the top of the Terms.
User AccountYou will be required to create a user account with the Service (the "User Account") in order to access certain features of the Service. If you create a User Account, you agree to keep your login credentials confidential at all times. You further agree that under no circumstance will the Company be liable for any breach of the security of your User Account whatsoever. Either you or the Company may terminate your User Account at any time and without notice.
Job PostingsThe Service may make available job postings and freelance opportunities ("Opportunities") from our third party freelance job posting partners ("Freelance Partners"). The Opportunities are not provided by the Company and the Company is not affiliated with any third party offering any Opportunity. You may apply for any Opportunity through the Service or by interfacing with the Freelance Partners as instructed in the Service. The Service functions are a marketplace and any agreement to complete an Opportunity will be made solely through the Freelance Partner or the respective third party offering such opportunity. Before applying for any Opportunities, you will be required to create a virtual payment wallet with the third party payment provider selected by the Company. By accepting an Opportunity, you agree to pay to the Company an irrevocable, lifetime commission equal to 10% of all gross earnings made through the Opportunity or any Successor Opportunity (the "Opportunity Fee"). To facilitate collection of the Opportunity Fees, you agree to only pursue Opportunities as instructed through the Service and to receive payment through the third party virtual payment wallet selected by the Company. You agree that the Company may deduct the Opportunity Fee from any payment you receive for any Opportunity. For purposes of these Terms, "Successor Opportunity" shall mean any Opportunity materially similar to the Opportunity and offered by the same third party offering the Opportunity. You agree not to circumvent the Service by pursuing any Opportunity other than through the Service or by failing to pay the Opportunity Fee. Under no circumstance will the Company be responsible for any liability or loss associated with any Opportunity. You acknowledge that the Company does not screen all Opportunities, even if some Opportunities are suggested to you.
No Financial AdviceThe Company and its affiliates, including the third parties who may provide content for the Service, do not provide financial, tax or accounting advice. The Service's content is provided for informational and educational purposes only, and is not intended to provide, and should not be relied on for, financial, tax or accounting advice. You should consult your own financial, tax and accounting advisors before engaging in any transaction. Intellectual Property
Intellectual PropertyYou acknowledge that any intellectual property used on the Service or by the Company is property of its respective owners or licensors and that no license, assignment, or sale of intellectual property has been made or offered to you. You agree not to use any of the intellectual property associated with the Service or Company, or derivatives thereof, including the name "Stoovo," for any purpose other than those expressly permitted in these Terms. The Company retains full rights to all intellectual property.
NO WARRANTIESTHE SERVICE AND ALL CONTENT THEREIN IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, "COMPANY AFFILIATES") DO NOT WARRANT THAT: (I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICE WILL BE FREE OF ERRORS, (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (V) ANY DATA YOU TRANSMIT TO OR FROM THE SERVICE WILL BE SECURE AND UNABLE TO BE INTERCEPTED. YOU AGREE TO USE THE SERVICE SOLELY AT YOUR OWN RISK. LIMITATION OF LIABILITY IN NO EVENT SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER SOUNDING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, ERRORS, VIRUSES, GLITCHES, OR TROJAN HORSES OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF $100.00 IN THE AGGREGATE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS RELATED TO ANY LATE BILL PAYMENT THROUGH THE SERVICE, FOR ANY DAMAGE CAUSED BY ANY OPPORTUNITY, OR FOR YOUR RELIANCE ON ANY INFORMATION FOUND ON THE SERVICE.
IndemnificationYou agree to indemnify, defend, and hold harmless the Company and the Company Affiliates from and against any and all claims, losses, liabilities, damages, or payments relating to, or arising from, your (i) use of the Service, (ii) breach of these Terms or (iii) pursuit of any Opportunity. Terms applicable to Apple users If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you: The parties acknowledge that by accepting this Terms, you are granted a non-transferable license to use the Service on devices you own or control (including any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. The parties acknowledge that the Company is solely responsible for addressing any claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Terms, and that, upon your acceptance of this Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.