This EULA governs: i) access to and use of any owned, copyrighted or developed Mobile Application and related or linked sites (collectively “Sites”) made available by Parking In Motion, the Sites and Mobile Applications hereinafter called Licensed Application; ii) use of the tools and services made available on or accessible via the Licensed Application (the “Services”); and iv) access to and use of any information, text, graphics, or other materials uploaded, downloaded or appearing on the Licensed Application, whether created in the first instance by Parking In Motion, Inc or others (collectively, “Content”).
Parking In Motion, Inc (“Parking In Motion”, “PIM”, “we”, “our”, or “us”) provides the Licensed Application for use by individuals or organizations (collectively “End Users”, “you”, “your”, or “their”), solely for their personal, non-commercial use. By accessing or using the Services you agree to be bound by this EULA, and by viewing Content created, collected, or derived by us or by others in or on the Licensed Application constitutes your acceptance of this EULA. If you do not agree with these Terms, you may not continue to use the Licensed Application.
The Licensed Application may be made available by Apple Inc. (“Apple”), or others (collectively “Distributors”). You and we acknowledge that the EULA is concluded between ourselves only, and not with the Distributor, and that the Distributor has no responsibility whatsoever for the Licensed Application and the Content thereof. The license granted to the End User for the Licensed Application on a mobile device is limited to a non-transferable license to use the Licensed Application on the device the end-user owns or controls and as permitted by the Usage Rules set forth in the Terms of Service of the Distributor of the Mobile Application.
You and we acknowledge and agree that our Distributors and affiliates may be third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, our Distributor will have the right (and you will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and we acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, we, not our Distributor, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You and we acknowledge that our distributors are not are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
HOW YOU MAY USE LICENSED APPLICATION
Under no circumstances may you copy, reproduce, alter, modify, reformat, create derivative works from, rent, lease, loan, sell, upload, transmit, distribute or publicly display any of the Content without our prior written consent, which we may grant or withhold in our sole discretion. You may not data mine, scrape, crawl, or use any robot or other automatic device, script, technology or processes that send automated queries to the Licensed Application, or use other similar methods or tools, to gather or extract Content from the Licensed Application. You may not use the Services on the Licensed Application, nor any other processes, to compile any portion of the Content in a manner that it can be used by or will become usable by a listing product or service or any other offering taking advantage of or exploiting in any way the Licensed Application.
You may not link to or use the Licensed Application in any way, nor present any of the material presented on the Licensed Application in any way, nor employ script searches or search results from the Licensed Application in a manner that results in the creation of a database or of the display of any Content by you or any third party.
You may not modify the manner in which the Licensed Application is displayed by you or any other user or the Services are used, nor may you use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Licensed Application and the proper operation and usage of the Services.
When accessing the Licensed Application or otherwise using the Services you will use and comply with security procedures (if any) maintained by us to confirm that only authorized users have access to the Licensed Application and to otherwise limit use of the Services. You may not use disguised identities when accessing the Licensed Application and otherwise using the Services. All forms of indirect access are strictly prohibited. You may not attempt to access portions of the Licensed Application which are not made publicly available by us and you may not use any information obtained from non-public portions of the Licensed Application.
This Licensed Application is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this EULA with your parent or guardian to make sure that you understand it.
RIGHTS TO CONTENT
By submitting, posting or displaying Content on our Licensed Application or through the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid up, right and license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, perform, create derivative works of, and distribute such Content in any and all media or distribution methods (now known or later developed).
Further, you agree that this license includes the right for us to make such Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content’s use, with no compensation to you. You hereby represent and warrant that any such Content does not infringe on any trademark, service mark, copyright, trade secret or other intellectual property right of any third party, and that you have all rights necessary to grant us the foregoing license.
We have the right to modify or remove, or to refuse to make available or distribute, any Content at any time, at our sole discretion. We have the right, but not the obligation, to monitor any Content submitted by you, to investigate any reported or apparent violation of this EULA, and to take any and any action that in our sole discretion deem appropriate, termination.
LINKS AND API ACCESS
The Content or Services may contain links to and/or from third-party Web sites or resources as a convenience to you. You agree that any transaction made on the Licensed Application will be between you and the applicable third party and we will not be a party to any such transaction. You agree to use these links only in the way they are intended by us or by the third party. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) any use by such websites or services of any information you may provide them including, without limitation, personally identifiable information and/or credit card information. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
RESPONSIBILITIES AND RIGHT OF CONTENT PROVIDERS
All Content on our Licensed Application is the responsibility of the person or organization who or which originated it: we do not guarantee its completeness, accuracy, or reliability.
Content posted by End Users on our Licensed Application (“Posted Content”) becomes subject to the license rights contained in this EULA. You warrant all Posted Content provided is true and complete to the best of your knowledge, that you own such Posted Content, and that such Posted Content does not infringe any trademark, service mark, copyright or other intellectual property right of any third party. You acknowledge and agree that PIM is not responsible for or liable in any way for the failure to store, preserve or access Posted Content or other materials you transmit to or archive on the Licensed Application.
You acknowledge that any Posted Content you have submitted to PIM or entered on our Licensed Application remains subject to the license rights contained herein. You may request us to remove Content you have provided. We will make a good faith attempt to do so but are not required to do so.
You further represent and warrant Posted Content does not (i) include any virus, worm, or other harmful, malicious or disabling code or device or that is designed to damage or allow unauthorized access to the Site (“Malware”), (ii) violate, infringe, misappropriate or otherwise interfere with any intellectual property or other rights of third parties; and (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, objectionable, libelous or defamatory. You hereby agree to indemnify and hold harmless us and any and all of our officers, members, managers, employees, licensees, licensors and agents from and against any and all claims, liabilities, causes of action, damages, costs and expenses (including, without limitation, attorneys’ fees) incurred by any of them in connection with your violation of any of the foregoing (i) through (iii) or in connection with your failure to comply with the terms of this EULA.
The Services, Sites, Mobile Applications, Information, and the design, text, graphics, images, video, information, applications, tools, results, software, music, sound, and any files contained therein or related thereto, and the arrangement thereof, including the Parking In Motion company names and logos and all related products and service names, design marks and slogans, any inventions, techniques, methods, works of authorships, know-how, publicity rights, trademarks, trade-dress, and trade secrets , and all intellectual property and proprietary rights related thereto (collectively “Intellectual Property”), are the sole property of Parking In Motion or their respective owner.
Parking In Motion does not grant to you any express or implied rights to any Intellectual Property and all such rights are retained by Parking In Motion or their owners. You are solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all other damages resulting from your use of or access to the Licensed Application.
MAINTENANCE AND SUPPORT
We and our suppliers or affiliates are responsible for maintenance and support services on of the Licensed Application, not our Distributors. We and you acknowledge that Distributors have no obligation whatsoever to furnish any maintenance and support service with respect to the Licensed Application.
Any use of the Licensed Application, including any reliance upon any of the information therein, shall be at your sole risk. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Content accessible by use of the Licensed Application.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE LICENSED APPLICATION (INCLUDING THE SITE AND THE CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PARKING IN MOTION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “PARKING IN MOTION PARTIES”) DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, COMPLETENESS, ACCURACY AND PERFORMANCE OF THE SERVICES. PARKING IN MOTION PARTIES DO NOT WARRANT OR COVENANT THAT ANY DEFECTS OR ERRORS ASSOCIATED WITH THE LICENSED APPLICATION WILL BE CORRECTED, OR THAT THE LICENSED APPLICATON IS FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify our Distributor, and the Distributor may (and Apple will) refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, our Distributors will have no other warranty obligation whatsoever with respect to the Licensed Application. Our Distributors will not have any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
LIMITATION OF LIABILITY
Use of the Licensed Application is for the education and information of the End User and is used at your own risk. In no event shall any Parking In Motion party be liable to any End User in connection with the Licensed Application for any special, punitive, indirect, consequential or incidental damages or for injury or accidental loss, loss of profits, revenue, use, or data, in each case arising under any theory, including under Warranty, contract, tort (including negligence) or other theory, even if such party is aware of or has been advised of the possibility of such damages. The Licensed Application is not to be used while driving nor in any other circumstance that puts the End User at risk of injury. While effort is made to assure the accuracy of the information presented the End User is responsible for safe driving and for the consequences of decisions as to where to travel or where to drive. Under no circumstance will PIM assume any responsibility for the consequences of driving decisions made by End Users.
Regardless of the previous paragraph, if a Parking In Motion party is found to be liable to you, such party’s liability to you or to any third party claiming through you in connection with the use of the Licensed Application is limited to the greater of (1) the amounts, if any, you paid to us for the Licensed Application giving rise to the liability in the 12 months prior to the action giving rise to the liability, and (2) $100.
You agree to indemnify and hold the Parking In Motion Parties harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of: (1) your breach of these Terms and any use of the Licensed Application other than as expressly permitted in these Terms; (2) your violation of any law or your violation of the rights of a third party, including the infringement by you of any intellectual property or other proprietary or contract right of any person or entity; or (3) your use of, or conduct on, any application or Web site other than the Licensed Application.
The foregoing indemnity obligations will survive any termination of the Terms or your use of the Licensed Application. Parking In Motion reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Parking In Motion, which may be granted or withheld in its sole discretion.
TERMINATION AND SUSPENSION
We may terminate these Terms, or terminate, suspend or restrict your access to the Licensed Application, in the event you violate any of the Terms, or for any other reason (or for no reason), which termination, suspension or restriction may be with or without notice. Upon termination or suspension, your right to access the Licensed Application will immediately cease. We may discontinue, temporarily or permanently, all or part of the Licensed Application with or without notice. If your access to the Licensed Application is suspended or terminated by us you agree that you will not attempt to access the Licensed Application by any alias or other disguised or fraudulent identity or otherwise without our express prior written approval which we may grant or withhold in our sole discretion. We reserve the right to terminate Services and suspend or restrict access to Licensed Application at any time with or without notice.
VIOLATIONS AND COMPLAINTS
Without limiting our rights or remedies under these Terms or at law or in equity, we may investigate complaints related to your use of the Licensed Application and alleged violations of these Terms and to take any action we deem necessary and appropriate in connection with such complaints and violations. Such action may include reporting any suspected activity that is in violation of these Terms or in violation of any law to law enforcement officials, regulators, or other third parties. In addition, we may disclose any information necessary or appropriate to such persons or entities, including personal information, relating to such complaints and violations.
You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
PROVISION OF THE LICENSED APPLICATION
We may modify or cease providing all or part of the Licensed Application at any time, including adding or deleting content or features or disabling certain portions of the Licensed Application. Any modification the Licensed Application or elimination of all or part of the Services will be done in our discretion and without an ongoing obligation or liability to you.
CHANGES TO THE TERMS
We may modify or supplement these Terms at any time. If we make material changes to the Terms we will post a notice prominently in the Terms areas of our Sites or Mobile Applications for a period of at least seven (7) days after such changes have been implemented indicating that the Terms have been changed. All amended Terms become effective upon the earlier of (1) your use of the Licensed Application after such revisions have been made and (2) seven days after such revisions have been made. If you do not agree with any changes to the Terms you must cease using the Licensed Application.
You may not assign these Terms or otherwise transfer any rights or claims you may have hereunder, in whole or in part; any attempt to do so shall be void. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect and remain fully enforceable. You will comply with all applicable laws, regulations and ordinances related to your use of the Services, including compliance with applicable laws in jurisdictions other than the United States.
These Terms will be governed by and construed in accordance with the laws of the State of California and you agree to submit to the personal jurisdiction of the courts located in California.
Except as expressly stated herein, these Terms constitutes the entire agreement between you and Parking In Motion with respect to your use of the Licensed Application, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Parking In Motion with respect to the Licensed Application or the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by Parking In Motion. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
To file a notification, a written notification must be made. This can be done either by fax or written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
- 1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
- 2. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example “The allegedly infringing work I am referring to is located on the map area labeled XXXXX.”
- 3. Provide a reasonably sufficient method of contacting you; telephone number and email address would be preferred.
- 4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
- 5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
- 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- 7. Sign the paper.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.
Send the written document to the designated Copyright Agent at Parking in Motion, as below.
Any notices given by you under these Terms shall be given in writing and shall be delivered to the following address:
Chief Operating Officer and Designated Copyright Agent
1334 3rd St. Promenade, Ste 208
Santa Monica, CA 90401
January 15, 2011
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