END USER LICENSE AGREEMENT
Welcome to airG Greetings!
airG provides the mobile applications known as airG Greetings (collectively the “Services”) to mobile phone users. In the United States, the Services are provided by a joint venture of airG Inc., a Canadian corporation, and The Limited, a Nevada corporation. In Canada, the Services are provided by airG Inc., a Canadian corporation. In Australia and New Zealand, the Services are provided by a joint venture of airG Inc., a Canadian corporation, and airG (Australia) PTY LTD, an Australian corporation. In the rest of the world, the Services are provided by a joint venture of airG Inc., a Canadian corporation, and airG Coöperatie Worldwide U.A., a Netherlands cooperative. In this End Users License Agreement "airG ", "we" or "our" refers to every corporation that is providing the Services to you, or that is a participant in a corporation that is providing the Services to you.
The commencement date of this EULA is the date you first use the Services, Your continued use of the Service implies your acceptance of any changes to this EULA. The terms of thus EULA will remain in full force and effect while you use or the Services, unless earlier terminated in accordance with this EULA.
The Services are not knowingly provided, directed or targeted to children, usage of the Services will be subject to the following criteria, and the following will apply:
The Services are available for your use if you are able to enter into this EULA and are not a person barred from receiving services under US or Canadian law, not residing in a country that is subject to a US government embargo, or designated by the US government as a “terrorist supporting” country, and you are not included on any US government list of prohibited or restricted parties, are not a convicted sex offender, or any other reason airG may unilaterally determine at any time.
This EULA was written in English. To the extent any translated version of this EULA conflicts with the English version, the English version controls.
EULA Version Date: December 1, 2019
4. License. Subject to the terms of this EULA, airG grants you a non-transferable, non-exclusive license to (a) use the Services for your use, and (b) download, install and use copies of the Services on mobile devices that you own or control for your use (the “License”).
Use of the Services are licensed to you. airG owns all right, title and interest, including all related intellectual property rights, in and to the Services. This License is not a sale and does not convey to you any rights of ownership in or related to the Services. The airG name, logo, and all product names associated with the Services belong to airG, and no right or license is granted to you to use them by implication, estoppel or otherwise. If any third party claims that any of these names and/or logos – or your possession and the Services infringes that third party’s intellectual property rights, airG will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
airG reserves all rights not granted in this EULA.
5. Restrictions. The rights granted to you in this EULA are subject to the following restrictions. You agree that you will not
(a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
(b) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services;
(c) access, tamper with, or use non-public areas of the Services, airG’s computer systems, or the technical delivery systems of airG;
(d) access the Services in order to build a similar or competitive service;
(e) probe, scan, or test the vulnerability of any airG system or network, or breach or circumvent any security or authentication measures;
(f) access or search, or attempt to access or search the Service by any means, automated or otherwise, other than through the currently available, published interfaces provided by airG, unless you have been specifically allowed to do so via a separate agreement with airG;
(g) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(h) interfere with or disrupt, or attempt to interfere with or disrupt, the access of any user, host or network by any means including sending a virus, overloading, flooding, spamming, mail-bombing airG, the Services or any of them, , or create an undue burden on, airG or its users;
(i) facilitate or encourage any violations of this EULA;
(j) remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
(k) use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services;
(l) use the Service to design or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software to modify or interfere with the Services;
(m) use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services, or that is in transit from or to the Services, including any software that reads areas of RAM or streams of network traffic used by the Services, to store information about characters, elements or environment;
(n) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;
(o) bypass any robot exclusion headers or other measures we take to restrict access to the Services, or use any software, technology, or device to send content or messages, scrape, spider or crawl the Services, or harvest or manipulate data;
(p) use, facilitate, create or maintain any unauthorized connection to the Services, including (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Services, or (b) any connection using programs, tools or software not expressly approved by airG; and
(q) copy, modify or distribute rights or content from the Services, or airG’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in this EULA.
Except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this EULA. All copyright and other proprietary notices on the Services must be retained on any copies.
airG may suspend or terminate your use of the Services in accordance with Section 13,” Termination” below,
7. Local Laws. airG makes no representation that the Services are appropriate for use in locations other than Canada and the United States. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Services contrary to Canadian or United States law is prohibited.
8. Modification. airG reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that airG will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. In addition, airG reserves the right to create limits on use and storage at airG’s discretion at any time without prior notice to you.
9. Product Claims. You agree that airG alone is responsible for addressing any claims by you or a third party relating to the Services or your possession and/or use of the Services including (a) product liability claims; (b) any claim that the Services or any of them fail to conform to any legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
10. Feedback. If you provide airG any feedback or suggestions (“Feedback”), you hereby assign to airG all rights in the Feedback and agree that airG shall have the right to use such Feedback and related information in any manner it deems appropriate. airG will treat any Feedback you provide to airG as non-confidential and non-proprietary information. You will not submit to airG any information or ideas that you consider to be confidential or proprietary.
11. Cookies. airG may store one or more cookies (a small text file containing a string of alphanumeric characters) on your mobile device that uniquely identifies your device or browser. These cookies may store your unique account ID, an API key, your profile information and your username, but no other personal information. The Services may use persistent cookies. A persistent cookie remains after you close your device or browser, and may be used by your device or browser on subsequent use of the Services. Persistent cookies can be removed by following your web browser help file directions. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Service may not function properly if the ability to accept cookies is disabled. By using the Services, you agree to accept the placement of cookies on your browser and/or device.
12. Local Storage. Local storage is a key value data store that is built into modern browsers and applications. Certain Services may use such local storage as a data cache to store items the Services have recently downloaded from the server in order to enhance performance of the Services.
Local storage is stored indefinitely inside your browser or device. By using local storage, the Services make fewer calls to the server and saves on your data consumption.
You may wish to delete local storage through your browser or device, although some browsers or devices do not allow for such deletion. If you delete all local storage, the Services will rebuild local storage the next time you use them. If you delete part of the information stored in local storage, the Services may not operate properly.
13. Copyright Infringement. THIS NOTICE AND PROCEDURE IS EXCLUSIVELY FOR CLAIMING COPYRIGHT INFRINGEMENT REGARDING YOUR MATERIAL(S) THAT APPEAR ON THE SERVICES, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). We do not condone posting of copyrighted material belonging to third parties on the Services, and will respond to alleged violations in accordance with procedures allowed by the Digital Millennium Copyright Act (“DMCA”) outlined below. If you believe that your copyright rights have been infringed by a user of the Services, please provide airG with the written information specified below. Please note that this procedure is exclusive for notifying airG that your copyright material has been infringed. An electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest;
airG’s Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows:
airG Legal Department
#1200 – 89 West Georgia Street
Vancouver, B.C., V6B 0N8
14. Enforcement. We also reserve the right to access, read, preserve, and disclose any information related to you or your use of the Services, as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms of this EULA, including investigation of potential violations of this EULA; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of airG, the Services, its users and the public. We may suspend or terminate your use of the Services in accordance with Section “Term and Termination”, below.
15. Termination. We may (a) suspend your rights to use the the Services or (b) terminate this EULA as it pertains to you. We may suspend or terminate at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated any provision of this EULA or any applicable law. airG reserves the right to limit, reduce, liquidate, deactivate, suspend or terminate your account and your access to the Services if you are, or if airG suspects, in its sole discretion that you are, or have been involved in fraud or the misuse of the Services. In addition, airG may suspend or terminate your access for any or no reason. We may also add or create new limits to the Services at any time.
Upon termination of this EULA, your account and right to use the Services will automatically terminate immediately. airG will not have any liability whatsoever to you for any termination of this EULA, including for termination of your account.
If we terminate your account for any reason, you may not create another account without our permission.
Even after this EULA is terminated as it pertains to you, the following provisions of this EULA will remain in effect: 1,4,5,12, ,19, 23, 29,,32,33, 34,,35, ,38,41,43.
16. Third Party Sites and Ads. The Services may contain links to third party websites and advertisements for third parties (collectively, “Third Party Sites & Ads”). You agree to accept Ads from airG as well as from third parties with whom airG contracts so that those third parties can offer their goods and services to you. airG is not responsible for and does not control Third Party Sites & Ads. airG provides these Third Party Sites & Ads only as a convenience to you. airG has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you access a Third Party Sites & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Sites & Ads.
17. Indemnity. You agree to defend, indemnify and hold harmless airG, its officers, directors, employees, contractors, agents and suppliers from and against any and all claims, suits, losses, damages, obligations, liabilities, costs, debts and expenses (including attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Services, (b) your violation of this EULA, (c) your violation of any third party right, including any intellectual property, property or privacy right. airG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify airG, and you agree to cooperate with airG’s defense of these claims. You agree not to settle any matter related to this EULA or your use of the Services or any of them without the prior written consent of airG. airG will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that airG has no indemnity obligations to you.
18. Release. You hereby irrevocably and unconditionally release and forever discharge airG, its officers, directors, employees, agents and suppliers from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any other Services or airG users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING. THAT CODE SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
19. Disclaimers. THE SERVICES ARE AT YOUR SOLE RISK AND ARE PROVIDED “AS-IS” AND AS AVAILABLE AND airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. airG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT THE SERVICES OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY UNAVAILABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
20. Limitation on Liability.
IN NO EVENT SHALL airG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS EULA, THE SERVICES EVEN IF airG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF airG’s SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM airG’s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
ACCESS TO, AND USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21. Changes to this EULA. This EULA is subject to occasional revision. Any changes to this EULA will be effective upon our posting of the most recent version of this EULA on the Services. These changes will be effective immediately for users of the Services. Continued use of the Services following posting of the most recent version of this EULA shall indicate your acknowledgement of any such changes and your agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated on this first page of this document. We recommend that you revisit this EULA from time to time to ensure you are aware of any changes.
Any notice provided to airG pursuant to this EULA should be sent to:
1200 – 89 West Georgia Street
Vancouver, BC, Canada V6B 0N8
Attn: Corporate Counsel
23. Governing Law; Jurisdiction. This EULA shall be governed by the laws of British Columbia, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Vancouver, British Columbia, Canada for the purpose of litigating all such claims or disputes, and you further agree that the Services shall be deemed a passive server whose activities do not give rise to personal jurisdiction over airG, either specific or general, in jurisdictions other than British Columbia, Canada. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect airG’s intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA.
24. Improperly filed claims. All claims you bring against airG must be resolved in accordance with this Governing Law section above. All claims filed or brought contrary to the Governing Law section above or any other applicable section shall be considered improperly filed. Should you file a claim contrary to the governing Law Section above, or any other applicable section, airG shall be entitled to recover attorneys’ fees and costs up to $1000, provided that airG has notified you in writing of the improperly filed claim and you have failed to promptly withdraw that claim.
25. Severability. If any provision of this EULA is, for any reason, held to be invalid or unenforceable, the other provisions of this EULA will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
27. Force majeure. airG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of airG including any failure to perform hereunder due to unforeseen circumstances or cause beyond airG’s control including acts of God, war, terrorism, riots, zombie apocalypse, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
28. Third Party Beneficiary – Download From Apple Inc.’s App Store. If You obtained the Service via a download from Apple Inc’s app store then You and airG acknowledge and agree that Apple Inc., and Apple Inc.’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Your acceptance of the terms and conditions of this EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
airG, 1200 – 89 West Georgia Street, Vancouver, B.C., V6B 0N8
airG is a pioneer in the mobile software industry having released its first mobile application in 2000. Since then the company’s products and services have been used by over 100 million consumers globally, generating more than $1 billion in revenues.
|1200 - 89 West Georgia Street Vancouver, British Columbia, Canada V6B 0N8|