End User License Agreement

StoopUp App End User License Agreement

This End User License Agreement (“Agreement”) is between you and StoopUp and governs use of this app made available through the Google Play or Apple App Store. By installing the StoopUp App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the StoopUp App.

In order to ensure StoopUp provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Alert the Neighborhood” feature found under each post.

  1. Parties

This Agreement is between you and StoopUp only, and not Apple, Inc. or Google. Notwithstanding the foregoing, you acknowledge that Apple or Google as well as their subsidiaries are third party beneficiaries of this Agreement and they have the right to enforce this Agreement against you. StoopUp, not Apple or Google, is solely responsible for the StoopUp App and its content.

  1. Privacy

StoopUp may collect and use information about your usage of the StoopUp App, including certain types of information from and about your device. StoopUp may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the StoopUp App.

  1. Limited License

StoopUp grants you a limited, non-exclusive, non-transferable, revocable license to use the StoopUp App for your personal, non-commercial purposes. You may only use the StoopUp App on Android or Apple devices that you own or control and as permitted by the Google Play Store or App Store Terms of Service.

  1. Age Restrictions

By using the StoopUp App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the StoopUp App does not violate any applicable law or regulation. Your access to the StoopUp App may be terminated without warning if StoopUp believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the StoopUp App, you agree to be bound by this Agreement in respect to your child’s use of the StoopUp App.

  1. Objectionable Use

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:

  1. Violates our Content Guidelines;
  2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling or purely speculative economic activity;
  3. Contains material that violates the standards of good taste or the standards of the Services;
  4. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  5. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
  6. Attempts to impersonate another person or entity;
  7. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
  8. Is commercial in nature (other than for the fundamental purposes of this Site), including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials;
  9. Asserts or implies that Your Content is in any way sponsored or endorsed by Clause;
  10. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  11. Accesses or uses the account of another user without permission;
  12. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
  13. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
  14. “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
  15. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  16. Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
  17. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
  18. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
  19. Collects, accesses, or stores personal information about other users of the Services;
  20. Is posted by or if the Services are accessed through a bot that we have not expressly approved in writing, in advance;
  21. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
  22. Attempts to do any of the foregoing.

You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

You hereby agree that the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of StoopUp in any form or manner whatsoever.

If you are found to be in non-compliance with any laws and regulations, these terms, or the privacy policy, we shall have the right to immediately (within 24 hours) block your access and usage of the Services and remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

  1. Warranty

StoopUp disclaims all warranties about the StoopUp App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, StoopUp, not Apple or Google, shall be solely responsible for such warranty.

  1. Maintenance and Support

StoopUp does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, StoopUp, not Apple or Google, shall be obligated to furnish any such maintenance or support.

  1. Product Claims

StoopUp, not Apple or Google, is responsible for addressing any claims by you relating to the StoopUp App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the StoopUp App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

  1. Third Party Intellectual Property Claims

StoopUp shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the StoopUp App. To the extent StoopUp is required to provide indemnification by applicable law, StoopUp, not  Google Play or Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the StoopUp App or your use of it infringes any third party intellectual property right.

  1. Limitation of Liability
  1. You acknowledge that StoopUp has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the StoopUp as described in the Documents meet your requirements.
  2. We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid for the Services.
  4. Nothing in this EULA shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by US laws.
  4. Indemnity

You agree to defend, indemnify and hold harmless StoopUp and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or the StoopUp Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

  1. Termination
  2. We may terminate this EULA immediately by written notice to you:
  1. If you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
  2. if you breach any of the License Restrictions or the Objectionable Use Restrictions; and
  3. on thirty days’ notice.
  4. On termination for any reason:
  1. all rights granted to you under this EULA shall cease;
  2. you must immediately cease all activities authorized by this EULA;
  3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
  4. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

  1. Amendments to this Agreement

StoopUp reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will notify you prior to taking effect. What constitutes a material change will be determined at our sole discretion.

  1. Governing Law

Please note that this EULA, its subject matter and its formation, are governed by Georgia State law. You agree that the courts in Buford, Georgia will have exclusive jurisdiction.

  1. Questions or Comments

StoopUp is committed to keeping our users happy and satisfied with their use of the App. If you have any questions, concerns, complaints or comments in any way related to this Agreement, please contact us at feedback@stoopup.app. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at feedback@stoopup.app.