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Ownit Terms of Use Agreement

admin   •   April 15, 2016   •   0 Comment

THESE TERMS OF USE (THESE “TERMS”) EXPLAIN HOW YOU CAN USE THE OWNIT MOBILE APPS, WEBSITES, SERVICES AND SOFTWARE (COLLECTIVELY “OWNIT”), PROVIDED BY SOCIALOWNER, INC., (“SOCIALOWNER,” “WE” OR “OUR”) SO PLEASE READ THESE TERMS BEFORE YOU GET STARTED. THEY APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OWNIT (“USERS”).

 

By using Ownit you agree to be bound by these Terms and to the collection and use of your information as spelled out in our Privacy Policy. If you are using Ownit on behalf of a group or organization, you agree to these Terms for that group or organization and represent that you have the authority to do so (in that case, “you” and “your” refers to that group or organization).

 

Using Ownit

Ownit is an app that helps you manage the things that you own from your mobile device. You acknowledge that some of the Ownit functions may be accessed by downloading the Ownit app to a mobile device, without the need to register an account. You are responsible for the security on the mobile device on which the Ownit app is installed. If you elect to use the Ownit app or register for an account with Ownit, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Ownit account login information and the security of your mobile device, and are fully responsible for all activities that occur under your Ownit account.  You agree to immediately notify Ownit of any unauthorized use, or suspected unauthorized use of your Ownit account or any other breach of security.  Ownit cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

OWNIT RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE OWNIT SERVICE, INCLUDING A USER’S REGISTRATION, AS WELL AS A USER’S USE OF OR ACCESS TO THE PROFILES OF OTHER USERS. ACCORDINGLY, OWNIT ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE OWNIT APP, INCLUDING THE PROFILES OF OTHER USERS, OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE.

 

Ownit does not control the content of User accounts and Stashes. Ownit has the right, but does not have any obligation, to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Ownit app.

 

PLEASE NOTE: OWNIT RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

 

User Accounts

Ownit user accounts are available on a first-come, first-serve basis on the app. By submitting your contact information in the Ownit app, you agree to receive such communications from us and you understand that standard SMS rates apply. These reservations are non-transferrable and non-saleable. We reserve the right to terminate individual accounts for any reason at any time. If you have questions about our user system, please contact info@getownit.com.

 

We trust you to use Ownit and our services responsibly—which means, for example, you agree not to interfere with Ownit or our services or try to access them using a method other than the interface and the instructions that we provide.

 

You agree not to:

  • •  copy, distribute, or disclose any part of Ownit in any medium,
  • •  probe, scan, or test the vulnerability of any system or network;
  • •  breach or otherwise circumvent any security or authentication measures;
  • •  interfere with or disrupt any user, host, or network, for example: don’t send a virus, overload, spam, or mail-bomb any part of Ownit;
  • •  plant malware or otherwise use Ownit to distribute malware;
  • •  send unsolicited communications, promotions or advertisements, or spam;
  • •  send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • •  publish anything that is fraudulent, misleading, or infringes another’s rights;
  • •  impersonate or misrepresent your affiliation with any person or entity;
  • •  sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Ownit reservation codes;
  • •  violate the law in any way, or to violate the privacy of others, or to defame others. (for example, sending illegal or defamatory emails with Ownit)

 

We may permanently or temporarily revoke or suspend your access to Ownit without notice and liability for any reason including your violation of these Terms. Upon termination for any reason or no reason, you continue to be bound by these Terms.

 

Who can use Ownit?

You can use Ownit only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. Sorry kids – use of Ownit by anyone under 13 is strictly prohibited.

 

 

Content

 

Your stuff is your stuff.

 

By using Ownit, you allow Ownit to help manage the content, information, photos, and attachments in your Stash (anything you upload, submit, or transmit through Ownit, collectively “your stuff”). You retain ownership of any intellectual property rights that you hold in your stuff. So, what belongs to you remains yours—we don’t own it. These Terms do not give us any rights to your stuff or intellectual property except for the rights we need to provide Ownit to you, as explained in these Terms. You are responsible and liable for anything you copy, share, upload, download, attach, send, receive, record or otherwise do while using Ownit, and you represent that your stuff is actually your stuff or that you have all necessary rights to use your stuff on or through Ownit.

 

By using Ownit, you give SocialOwner permission to do things you ask it to do with your stuff, for example, organizing  your stuff as you direct it to through Ownit. This includes sending documents and images. It also includes creating backups of your recent and deferred stuff to ensure it is safe and always accessible to you. By using Ownit, you give SocialOwner the permissions needed to provide its services to you through Ownit, including extending that permission to trusted third parties that help us to run Ownit (like Amazon, which hosts our servers). This and other rare exceptions are outlined in our Privacy Policy, which explains exactly how SocialOwner collects and uses your information generally.

 

Our stuff is our stuff

We retain our rights title and interest in Ownit, and all that makes up Ownit, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our stuff”), and all intellectual property rights related to our stuff. Subject to these Terms, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Ownit for your personal, noncommercial use only (aka you can’t resell Ownit). Just like you retain ownership over your stuff, we reserve all rights not expressly granted in these Terms in Ownit and our stuff. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our stuff for any purpose not expressly permitted by these Terms is strictly prohibited.

 

You may choose to give us feedback or ideas about Ownit, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

 

Copyright

You are responsible and liable for your stuff and what you otherwise copy, share, upload, download, attach, send, receive, record or otherwise use while using Ownit.

 

We will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. We reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

 

Privacy and Security

Your privacy is extremely important to us—we care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Please review our Privacy Policy, which explains exactly how we collect and store your stuff.

 

Software

Software from SocialOwner: Some use of Ownit requires you to download a client software package (“the app”). To use the app you must have a device that is compatible, so we cannot guarantee that the app will work on your device. We grant you a limited, nonexclusive, nontransferable, revocable license to use the app, solely to access Ownit. Your license to use the app is automatically revoked if you violate these Terms. You may not copy, modify, distribute, sell, or lease any part of Ownit or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions or you have our written permission or delete the copyright and other proprietary rights notices on the app).

 

Software from iTunes: You acknowledge and agree these Terms are solely between you and SocialOwner, not Apple, and that Apple has no responsibility for Ownit or the content sent or received using Ownit. Your use of Ownit must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Ownit services. If Ownit fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of Ownit to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Ownit, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to SocialOwner as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to Ownit or your possession and/or use of Ownit, including, but not limited to: (i) product liability claims; (ii) any claim that Ownit fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to SocialOwner as provider of the software. You acknowledge that, in the event of any third party claim that Ownit or your possession and use of Ownit infringes that third party’s intellectual property rights, SocialOwner, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and SocialOwner acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of Ownit, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms as relates to your license of Ownit against you as a third party beneficiary of the software.

 

App Updates: From time to time, we may issue upgraded versions of the app. You agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the app is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the app or a copy of the app, and SocialOwner and our partners and suppliers retain all rights and interest in the app. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

 

Modifying and Terminating Service

We are constantly changing and improving Ownit. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Ownit at any time without prior notice. We may also remove content from Ownit at our discretion.

 

 

Miscellaneous Legal Terms

Below are some explicit definitions of legal terms: we recommend a strong caffeinated beverage before reading.

 

Indemnity

You agree to defend, indemnify and hold harmless SocialOwner and its subsidiaries, agents, licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Ownit, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your stuff or any that is submitted via your account; or (vi) any other party’s access and use of Ownit with your unique username, password or other appropriate security code.

 

No Warranty

We promise to provide you with a great service, but we can’t promise everything. Ownit is provided on an “as-is” and “as available” basis. Use of Ownit and the software is at your own risk. To the maximum extent permitted by applicable law, Ownit and the software is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SocialOwner and its licensors, do not warrant that the content is accurate, reliable or correct; that Ownit or the software will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Ownit or the software is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Ownit is downloaded at your own risk and you will be solely responsibly for any damage to your computer system or mobile device or loss of data that results from such download or use of the service.

 

Limitation of Liability

To the maximum extent permitted by law, in no event will SocialOwner, its affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not SocialOwner has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of $20 or the mounts paid by you to SocialOwner for the past three months of the services in question. Some states do not allow the types of limitations in this paragraph, so they may not apply to you. Ownit is controlled and operated from facilities in the United States. SocialOwner makes no representations that Ownit is appropriate or available for use in other locations. Those who access or use Ownit from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

 

Notification Procedures and Changes to these Terms

SocialOwner may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by SocialOwner in our sole discretion. SocialOwner reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. SocialOwner is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. SocialOwner may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Ownit after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) Ownit.

 

Governing Law and Arbitration.

Governing Law: These Terms and the use of Ownit services and software will be governed by California law except for its conflicts of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Marin County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

 

Arbitration: For any dispute with SocialOwner, you agree to first contact us at privacy@getownit.com and attempt to resolve the dispute with us informally. In the unlikely event that SocialOwner has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any SocialOwner claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Marin County, California, unless you and SocialOwner agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and SocialOwner are each waiving the right to a trial by jury or to participate in a class action.

 

These Terms constitute the entire and exclusive agreement between you and SocialOwner with respect to Ownit, and supersede and replace any other agreements, terms and conditions applicable to Ownit. These Terms create no third party beneficiary rights. SocialOwner’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but may be assigned by SocialOwner without restriction. SocialOwner and you are not legal partners or agents; instead, our relationship is that of independent contractors.

 

Please contact us privacy@getownit.com with any questions regarding these Terms.