This Streetbell Mobile Application End-User License Agreement ("Agreement") constitutes a valid and binding agreement between Streetbell Pte. Ltd. ("Streetbell," "Streetbell.com," "We," "Us," or "Our") and YOU ("YOU," "YOUR," or "YOURSELF") governing your use of Streetbell's app (the "Mobile App") offered on www.streetbell.com (the "Site").
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "ACCEPT" BUTTON LOCATED AT THE END OF THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLOSE AND UNINSTALL THE APP FROM YOUR MOBILE DEVICE. BY CLICKING THE "ACCEPT" BUTTON OR USING THE MOBILE APP, YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING.
1.1. Account. To use the Mobile App, YOU will be required to install the Mobile App on one mobile device that YOU own and that meet the minimum specifications provided by Streetbell. Additionally, YOU may be required to create an account (an "Account") to access and utilize the Mobile App. To create an Account, YOU will be required to provide certain information, including YOUR name, email address, mailing address, phone number. YOU may also need to create a Store name. Maintaining Account security is very important. YOU are entirely responsible for maintaining the confidentiality of the Account.
1.2. Updates. Streetbell may require that YOU download and install updates to the Mobile App from time to time. YOU acknowledge and agree that Streetbell may update the Mobile App with or without notifying YOU and add or remove features or functions to the Mobile App at any time in its sole discretion.
1.3. Agreements. YOU acknowledge that YOU may only use the Mobile App in accordance with this Agreement. YOU further acknowledge and agree that YOUR use of the Mobile App signifies that YOU have read, understand and agree with the terms. The requirements hereunder and this
2.1. License. Subject to the terms and conditions of this Agreement, Streetbell hereby grants YOU a limited, non-exclusive, revocable license to (i) install the Mobile App on YOUR mobile devices which are owned by YOU and are under YOUR control, (ii) view, review and utilize the Mobile App and any related information provided by YOU and to YOU by other Streetbell users and (iii) transmit purchase orders, receive sales orders, exchange private chat information and view public blog information through utilizing the Mobile App.
2.2. Third Party Software and Services. The Mobile App may be incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and YOU agree to look solely to the applicable third party and not to Streetbell to enforce any of YOUR rights in relation thereto. YOU are solely responsible for all data, SMS and mobile carrier charges in connection with the mobile phones on which YOU have installed the Mobile App.
2.3. License Restrictions. Notwithstanding anything to the contrary, YOU may not:
(i) remove any proprietary notices from the Mobile App;
(ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Mobile App;
(iii) sublicense, to any other entity or
(iv) make any false, misleading or deceptive statement or representation regarding Streetbell and/or the Mobile App.
2.4. No Data Mining or Harmful Code. YOU agree that YOU will not
(i) obtain or attempt to obtain any information, including without limitation information of other Account holders or other Mobile App data;
(ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Mobile App, whether through the use of a network analyzer, packet sniffer or other device; or
(iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Mobile App or the Site.
2.5. Misuse of the Mobile App and/or Streetbell.com. YOU may not use the Mobile App and/or Service in association with, or to develop, generate, transmit or store, information that:
(a) is defamatory, harmful, abusive, obscene or hateful;
(b) in any way that obstructs or otherwise interferes with the normal performance of another person's use of Streetbell;
(c) performs any unsolicited commercial communication not permitted by applicable law;
(d) constitutes harassment or a violation of privacy or threatens other people or groups of people;
(e) is harmful to children in any manner;
(f) violates any applicable law, regulation or ordinance;
(g) makes any false, misleading or deceptive statement or representation of YOURSELF or regarding Streetbell and/or the Mobile App; or
(h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
2.6. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Streetbell with your mobile phone number. You expressly acknowledge and agree that in order to provide the Service, Streetbell may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other Streetbell users. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Streetbell to access your contact list and/or address book for mobile phone numbers in order to provide and use Streetbell. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Streetbell App and Site. You must notify Streetbell immediately of any breach of security or unauthorized use of your mobile phone. Although Streetbell will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Streetbell or others due to such unauthorized use.
2.7. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses Streetbell in a manner that sends more transactions to the Streetbell servers in a given period of time than a human can reasonably produce in the same period by using a Streetbell application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Streetbell grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Streetbell reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Streetbell clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from Streetbell, nor to use the communication systems provided by Streetbell for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of Streetbell.
Streetbell retains all right, title and interest in and to the original and any copies of the Mobile App, Data and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property and proprietary rights recognized anywhere in the world pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Streetbell. The Mobile App, Data and related written materials are protected by the copyright and patent laws of the United States and international copyright and patent treaties. YOU shall not be an owner of any copies of, or have any interest in the Mobile App, Data that may be provided, documentation, or other information.
YOU agree to defend, indemnify and hold harmless Streetbell and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners and licensors (collectively, the "Indemnified Parties") at YOUR expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by the Indemnified Parties arising out of or relating to (a) YOUR violation or breach of any term of this Agreement or any policy or guidelines referenced herein; (b) YOUR use or misuse of the Mobile App or Data; or (c) any violation of data protection or privacy laws through YOUR use or misuse of the Mobile App, YOUR Account or the Data.
YOU shall maintain in strict confidence, and not use or disclose to others during or after the term of this Agreement any non-public information, proprietary information, trade secrets, or technical data relating to the Mobile App disclosed by Streetbell or otherwise obtained by YOU as a result of, or in connection with, your use of the Mobile App ("Confidential Information"); provided, however, these obligations shall not apply to Confidential Information which: (a) is publicly available prior to disclosure or becomes publicly available thereafter not as a result of an act or omission by YOU; (b) YOU rightfully obtain from a third party without confidentiality obligations; (c) is in YOUR possession without confidentiality obligations prior to disclosure; or (d) is approved in writing by Streetbell for release.
Streetbell shall exclusively own and have title to all feedback, reports and test results provided by YOU and any modifications or derivatives of the Mobile App. YOU agree to assign, and do hereby irrevocably assign, to Streetbell all right, title and interest in and to the foregoing, including assignment to Streetbell of all ownership interest in any feedback, reporting, results, or any other related diagnostic or customer service information associated with YOUR use of the Mobile App and related written materials. The foregoing shall not apply to YOUR proprietary information, if any, disclosed to Streetbell.
THE MOBILE APP, SERVICE AND SERVICE DATA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. STREETBELL MAKES NO WARRANTY OR CONDITION AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE MOBILE APP AND DATA. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE MOBILE APP AND/OR DATA IS AT YOUR SOLE RISK. STREETBELL DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE MOBILE APP, AND/OR DATA AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE MOBILE APP, OR DATA WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT MOBILE APP OR DATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, STREETBELL DOES NOT REPRESENT AND WARRANT THAT YOU WILL RECEIVE PAYMENT OR GOODS AND SERVICES FROM OTHER STREETBELL USERS OR THIRD PARTIES WHEN CONDUCTING TRANSACTIONS THROUGH MOBILE APP, THAT YOU WILL RECEIVE REFUNDS FROM PAYEES, THAT CHARGEBACKS WILL NOT OCCUR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STREETBELL, ITS AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, LOST PROFITS OR SALES, OR LOST OR CORRUPTED DATA ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE MOBILE APP AND/OR DATA, EVEN IF STREETBELL AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE PRODUCTS, TECHNOLOGY, SERVICES OR RIGHTS.
This Agreement will take effect on the date YOU click "Accept" and will continue in effect unless terminated earlier pursuant to this Section. This Agreement may be terminated by YOU at any time by ceasing all use of the Mobile App and uninstalling the Mobile App. Streetbell may terminate this Agreement at any time, with or without cause, without prior notice to YOU and/or preventing YOUR access through the Mobile App. Upon termination of this Agreement for any reason, or upon Streetbell's request to YOU, YOU must immediately remove the Mobile App and Data from YOUR mobile devices (or other mobile devices upon which YOU have installed the Mobile App) and dispose of all originals and copies of the Mobile App and Data in YOUR possession. Notwithstanding termination or expiration of this Agreement, YOUR representations, warranties, covenants and certification at the beginning of this Agreement and Sections 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive. All licenses granted hereunder shall terminate upon the termination or expiration of this Agreement. Termination shall be in addition to any rights and remedies available to either party at law or equity or under this Agreement.
This Agreement may be amended only by a writing executed by both parties unless modified from time to time by Streetbell and posted on the Mobile app and Streetbell Site. The next time YOU use the Mobile App after such an update, YOU may be prompted to agree to or decline an update of this Agreement. YOU must agree to all revisions if YOU choose to continue using the Mobile App. By using the Mobile App, YOU agree to the then-current version of this Agreement as posted on the Site. If at any point YOU do not agree to any portion of the then-current version of this Agreement, YOU must immediately stop using the Mobile App and uninstall the Mobile App. Streetbell reserves any rights or licenses other than those specifically granted herein.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE MOBILE APP, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
