MyGearVault (“Application”) End User License Agreement
This End User License Agreement (“Agreement”) outlines the terms related to your use of this Application provided to you by MyGearVault _____(“MyGearVault”). For purposes of this Agreement, you will be referred to as “You” or “End User” and MyGearVault shall be referred to as “We”, “Us”, “Our” or “MyGearVault”.
This Agreement does not change or amend in any way the Usage Rules set forth in the App Store Terms and Conditions.
MyGearVault reserves the right, in its sole discretion, to supplement, modify or change the terms of this Agreement at any time without prior notice to or consent from You. Your continued use of the Application following the posting of any changes to the Agreement constitutes acceptance of those changes.
The following definitions shall apply to this Agreement.
“Content” means all data and information entered into the Application by You.
USE OF APPLICATION AND THE PARTIES’ CONTENT.
MyGearVault grants You a non-exclusive, limited, non-transferrable, revocable, personal and non-sublicensable license to use the Application on any computer, Apple iOS powered device or Google Android powered device that You own or control, solely for Your personal use and not for any commercial use or for providing any services to any third party, and as permitted by the Usage Rules set forth in the Apple iTunes Store Terms and Conditions and Google Android Market Terms and Conditions.
You agree that you will not modify or make derivative works of or from the Application or copy any ideas, features, functions or graphics of the Application. You will not gain or attempt to gain unauthorized access to the Application’s systems code or networks or interfere with or disrupt the integrity or performance of the Application or the data contained therein. Except as expressly set forth herein, no other use, access, copying, display or distribution, in any form, of the Application, in whole or in part, by You is permitted. You also shall not download, re-engineer, reverse engineer, reverse translate, decompile, reverse assemble, disassemble or in any manner decode or attempt to derive object or source code from the Application for any purpose whatsoever. You agree that you will not (or attempt to) access, download, copy or use (or use any remote or automatic device, code or method to access, download, copy or use) any data or other information provided by any other user of the Application.
We have the right in our sole discretion to cease allowing use of the Application at any time, in which event upon receipt of email notice from us, You shall promptly cease using the Application.
You acknowledge that You are solely responsible for the Content (including, without limitation, its accuracy, quality, legality, and reliability) and Your use of the Application. You are the sole owner of the Content and We have no ownership rights with respect to the Content. You Agree that all Content entered into the Application are limited to data and information with respect to photography and video equipment owned or leased by You. You represent and warrant that You shall not provide any Content that You do not have the right to include in the Application. You agree that you will not send or store in or through use of the Application (i) any infringing, obscene, threatening, libelous, or otherwise unlawful data or information or data or information that violates any third party’s privacy’s rights, or (ii) any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You agree that You are fully responsible for all activity occurring under Your accounts and passwords. You will immediately notify Us of any unauthorized use of any of Your passwords or accounts or any other unknown or suspected breach of security. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.
SUBSCRIPTION, FREE TRIAL, BILLING AND CANCELLATION
Free Access. Currently, You may access the Application free of charge. However, We reserve the right to charge You fees for such access in the future. If and when We do so, if You do not purchase a subscription, your access to the Application may be terminated or limited. The following sections apply if and when We begin charging for the access to the Application.
Paid Subscription. You may access the subscription-only features of Application by signing up for a paid subscription, which may start with a free trial, in our discretion. Only one person may use the user name and password associated with a subscription account. You may be required to provide a current, valid, accepted method of payment (“Payment Method”) to start your subscription or free trial. All subscriptions are renewed automatically every 30 days. When We renew your subscription, We will bill Your Payment Method for the subscription fee. You may not be notified in advance of each renewal.
Free Trial. From time-totime, in our discretion, We may offer free trials of the subscription service for a specified period of time. We reserve the right, in our sole discretion, to determine Your eligibility for a free trial, and to modify or withdraw a free trial at any time without notice or liability. We may require You to provide your Payment Method to start the free trial. On the first day after the free trial ends, We will begin billing your Payment Method for the subscription fee on a recurring basis, every 30 days, unless You cancel prior to the end of the free trial period. However, We may authorize Your Payment Method as soon as You register for a free trial. In some instances, Your available balance or credit limit may be reduced to reflect the authorization during Your free trial period. You may not receive notice from Us that Your free trial period has ended or that the paying period of Your subscription has begun.
Recurring Billing. By subscribing to the Application and providing your Payment Method, You authorize us to bill Your Payment Method for the subscription fee at the then current rate, and any other charges You may incur in connection with your use of the Application. You acknowledge that the amount billed each month may vary for reasons, including promotional offers, gift card redemptions and adding subscriptions. You authorize Us to bill your Payment Method for such varying amounts, which may be billed in one or more charges during the billing cycle.
Billing Cycle. The subscription fee will be billed to Your Payment Method at the start of the paying period of Your subscription and every 30 days thereafter unless You cancel Your subscription or we terminate it. You must cancel Your subscription before it renews for the next 30-day billing cycle in order to avoid payment of the next cycle’s subscription fee to Your Payment Method. Subscription fees are fully earned upon payment. We automatically bill Your Payment Method every 30 days. We reserve the right to change the timing of our billing.
Price Changes. We reserve the right to change pricing for subscriptions or any components thereof in any manner and at any time as We may determine in our sole discretion. Subject to this Agreement, any price changes will take effect only following email notice to You.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS OR CREDITS WILL BE GIVEN FOR PARTIAL OR INCOMPLETE USE. We reserve the right, in Our sole discretion, to provide refunds, discounts or credits to subscribers on one or more instances without obligation to do so in the future. If any or all of the features of the Application are temporarily unavailable, You will not receive a refund.
Cancellation. You may cancel your subscription to the Application at any time by logging into Your account and following the instructions for cancellation. Cancellation will become effective at the end of Your current billing period. You will not receive a refund or credit for your current billing period. You may continue to access the subscription-only features of the Application for the remainder of Your current billing period.
DISCLAIMER OF WARRANTY.
The Application is licensed “as-is,” “with all faults,” and “as available.” You bear the risk of using it. MyGearVault, on behalf of itself, distributors of the Application, network operators over whose network the Application is distributed, and each of their respective affiliates and suppliers, gives no express or implied warranties, guarantees, or conditions under or in relation to the Application, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MyGearVault does not warrant that the functionality or operation of the Application will be uninterrupted or free from error, that any defects in the Application will be corrected, or that the Application or the server(s) that makes it available are free of viruses or other harmful conditions or components. Without limiting the generality of the foregoing, neither MyGearVault nor any of its principals, employees, independent contractors, affiliates, subsidiaries, agents or representatives has made any claims, representations or warranties regarding the Application or the results, benefits, benefits, assurances, advantages, utility, safety, efficacy, success or popularity of, or results that may be attained, by using or accessing the Application. MyGearVault is not responsible or liable for the deletion, correction, destruction, damage, loss of or failure to store any and all of Your data or the Content.
MYGEARVAULT IS NOT AN INSURANCE COMPANY.
The Application permits you store information about Your photography and video equipment owned or leased by You in the event that You have to file an insurance claim. MyGearVault is not an insurance company and does not solicit, negotiate or sell insurance. Additionally, MyGearVault does not maintain information on benefits, coverage or eligibility and does not pay claims. It is Your decision whether or not to maintain insurance on Your photography and video equipment. Should You choose to purchase insurance, it is Your choice which insurance company to use. To the extent that you purchase an insurance policy through the Application, You understand that such insurance is being provided by a third-party and not MyGearVault. To the maximum extent authorized by law, You agree to indemnify, defend and hold harmless MyGearVault, its principals, managers, officers, directors, employees, independent contractors, affiliates, subsidiaries, agents and representatives from and against any and all claims, demands, losses, causes of action, expenses, damages, penalties, costs, expenses and other amounts, including reasonable attorneys’ fees and costs of investigation, resulting directly or indirectly from or arising out of any your insurance of your photography and video equipment or the lack thereof.
LIMITATION OF LIABILITY.
To the fullest extent permitted by law, MyGearVault disclaims any and all liability, whether based in contract, tort, negligence, strict liability or otherwise, for losses, damages, costs and expenses or other amounts of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from or related to the license or use of or access to the Application, as well as interruptions of service or delay in operation or transmission, and arising from third party access to information input in Application, even if MyGearVault has express knowledge of the possibility of such damages. MyGearVault has no responsibility, and will in no way be held liable, for the security of the End User’s mobile device or the Content. You acknowledge and agree that there is no guarantee the data or Content entered into or stored on the Application will be secure. You agree that You are solely responsible for maintaining copies of all data and Content entered or stored in or on the Application. You agree not to seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from MyGearVault or any distributor of the Application. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this Agreement and the parties acknowledge that MyGearVault would not grant You access to the Application or a license thereto without your agreement to this term. To the maximum extent not prohibited by applicable law, in no event shall MyGearVault’s aggregate liability under any and all legal theories with respect to this Agreement, the Application, Your data or the Content be in excess of One Dollar ($1.00). If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the maximum extent authorized by law, You agree to indemnify, defend and hold harmless MyGearVault, its principals, employees, independent contractors, affiliates, subsidiaries, agents and representatives from and against any and all claims, demands, losses, causes of action, expenses, damages, and costs, expenses and other amounts, including reasonable attorneys’ fees and costs of investigation, resulting directly or indirectly from or arising out of (a) Your violation of this Agreement and/or (b) Your use of the Application or any of Your data or any of the Content, including, without limitation, any claims by Your insurance company that provide insurance coverage to You.
The Application is provided “as is.” Neither distributors of the Application, Your phone manufacturer, or Your network operator are responsible for providing maintenance or support services for the Application.
This Application is controlled, operated and intended for use only in the United States of America. We do not represent that materials in this Application are appropriate or made available for use outside of the United States of America.
The Application, and all worldwide copyright and other intellectual property rights therein, are the exclusive property of MyGearVault.
YOUR PERSONAL INFORMATION.
MyGearVault does not gather or collect any personal information about You in connection with Your use of this Application. We do not have access to any personal information that You may store, via this Application, on any computer, Apple iOS powered mobile device or Google Android powered mobile device that You own or control. Photos and related information you add will be stored on a secure server which you can access through the Application or via a website through the use of a computer or compatible internet browser. The use of this Application does not constitute doing business with MyGearVault and does not designate You as a customer or consumer of MyGearVault. It is Your responsibility, and not the responsibility of MyGearVault, to maintain the security of any information that You store, via this Application, on any mobile device or any computer you own or control. a MyGearVault is not responsible for the security or confidentiality of communications You send to us, or others, through the internet or via e-mail messaging.
Use of Information.
MyGearVault and/or its third party vendor may have access to photos and information you add as a result of this Application. All data will be disclosed to third parties as required by law or regulation and may be deemed discoverable by third parties. We may also provide certain information to insurance regulators upon proper request.
MyGearVault may, from time to time, send informational and/or marketing e-mails to the e-mail address used during registration of the Application. Recipients will be provided with an option to unsubscribe from certain e-mails as required by applicable law.
As a result of involvement in a claim, the data added via this Application may be deemed discoverable by third parties and used in claims investigation and/or litigation. MyGearVault and/or the participant may be legally required to provide the data to others involved in the claim or their legal counsel. If you are involved in a claim, you should not expect to retain data privacy or confidentiality of the data added through the Application. Unless you specifically make a request to us in writing, we will not use data obtained from the Application to resolve any specific claim you or any other individual may make with us.
LINKS TO OTHER WEB SITES.
This Application may contain links to other sites. MyGearVault provides links to other sites as a convenience to persons who use the Application. If You choose to use the services provided by those sites, You may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with MyGearVault). Please be aware that MyGearVault is not responsible for the privacy practices of those sites, even though MyGearVault's name or logo may appear on those sites. We encourage You to be aware when You leave Our Application, You should read the privacy policies of each and every Web site that You visit, as the privacy policies of those sites may differ from Ours. MyGearVault is not responsible for the contents of any linked site or any link contained in a linked site.
MyGearVault may change the programs or products mentioned at any time without notice.
BREACH OF AGREEMENT.
In the event that either party breaches this Agreement, the other party has the immediate right to terminate this Agreement without notice to the other Party.
If You breach this Agreement, in addition to terminating this Agreement or your license to the Application, We have the right to withhold, remove and discard any and all of data and information entered by you into the Application without notice. Upon termination of this Agreement, Your right to use and access the Application and the Content shall immediately cease.
If any provision of this Agreement is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
This Agreement is governed by and construed by the laws of the State of New Jersey in the United States, not including its choice of law rules. The parties agree that any disputes between MyGearVault and you concerning this Agreement or the Application may only brought in a federal or state court of competent jurisdiction sitting in the Morris County of New Jersey, and You hereby consent to the personal jurisdiction and venue of such court.