Facebook App Terms and Conditions of Use
If this Page is featuring a promotion then it is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to owner of the Facebook page that you are viewing this app on and not to Facebook. By participating in this promotion you agree to a complete release of Facebook from any claims.
You agree to adhere to all rules and terms which Facebook has in place for users of Facebook.
2. Approval of App
You must approve this app in order to use the app on the Page. You only need to approve the app once in order to use repeatedly or in the future. Even though you must approve the app in order to use it you have privacy options which Facebook has included within the app approval process. This app adheres strictly to the authorizations that you provide via Facebook.
3. Removal of App
You may, at any time, remove your approval of this app using the interface that Facebook provides for removing apps which you have approved. If you do so you may not be able to use this app until you approve it again.
You may access this app using your personal profile which you are allowed to create according to the Facebook TOU. Any and all restrictions from Facebook regarding your profile apply to your access to this app. You must be able to use and access Facebook in order to be able to use this app. You will not violate the Facebook TOU in order to subvert the rules of this app or any promotion which is being run using this app.
There is different data that we collect while you are using this app:
a. Data that you provide via a form or other data collection device within the app.
b. Data that we collect when you approve this app via the Facebook application approval process.
c. Non-personally identifiable information which is collected as part any analytics for the use of this app.
Page may use your contact information to contact you via email about the promotion (if app is a promotion), if you grant us access to your contact information in the app approval process. You may unsubscribe to emails from page by following the link in any email that you receive.
Promotions using this app are setup to comply with the Facebook promotions guidelines. Each promotion will include disclaimers as well as “Official Rules” which are accessible on the app. You are not required to “like” the Page or approze the app in order to view these “Official Rules”. You agree to be bound by these “Official Rules” which are displayed within the app on the Page.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed in this app are the registered and/or unregistered Trademarks of owner of this Facebook page, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Page or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed within this app without the written permission of owner of this Facebook page or such third party licensors that may own the displayed Trademarks.
8. App Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, Submissions (as defined below), and their arrangement on this Page (“Content”) are all subject to patent, copyright, trademark, third-party licenses and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other webPages without our written permission for uses other than those contemplated by this Page. Access to and use of this Page is allowed solely for your personal use of the app on the Page. You may not use any contents of this app or copyrighted materials within it.
9. License to Use Submissions
This Page may provide you with the opportunity to submit user-generated or third-party Submissions in both public and private modes. By submitting items to this Page, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Submissions that you submit, that your submission of materials will be in compliance with any rules, laws, policies or guideline that apply to you. If your Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. If you make a Submission to this Page in a public mode or designate a private Submission as public, you automatically grant Page a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Page to use that Submission for any lawful purpose whatsoever, including, without limitation, the right to sublicense that Submission to third parties for their lawful uses and purposes, including, without limitation, to adapt, perform, display, create derivative works, copy, sell and otherwise use. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Submission. Once offered as a public Submission, the Submission or any of its derivatives cannot be re-designated as private. If Submissions are uploaded in private mode, you will retain all rights to your Submissions.
10. No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Submissions may be posted on this Page, the posting of those Submissions does not constitute Pages endorsement of those Submissions. Page is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Submissions, and you are obligated to indemnify Page for any third-party claims resulting from the same.
11. Third-Party Links
To the extent that the app may allow third-party links, those links may direct you to third-party websites that are not affiliated with Page. Page is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
12. Copyrights and Digital Millennium Copyright Agents
13. DMCA Infringement Notification
To be effective, your infringement notification must include the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Page are covered by a single notification, a representative list of such works at that Page.
c. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material
d. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted
e. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law” and
f. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. app will remove or disable access to the content that is alleged to be infringing
2. app will forward the written notification to the alleged infringer and
3. app will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
14. DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from app, the alleged infringer will have the opportunity to respond to app with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to app’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled” and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which xxxx.com may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
15. Prohibited Uses
In addition to other prohibitions as set forth in the TOU, you are prohibited from using the app or its Content:
(a) for any unlawful purpose
(b) to solicit others to perform or participate in any unlawful acts
(c) to violate any international, federal, or state regulations, rules, laws, or local ordinances
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
(f) to submit false or misleading information
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Page, other webPages, or the Internet
(h) to collect or track the personal information of others
(i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this app, other web pages, or the Internet
(l) to circumvent the rules of a promotion. You represent and warrant that your use of the app will be in compliance with any rules, laws, policies or guidelines that apply to your locality, and state and federal law. We reserve the right to terminate your use of the app for violating any of the prohibited uses.
16. App Updates
Page undertakes no obligation to update, amend or clarify information in this app, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Page should be taken to indicate that all information on the Page has been modified or updated. Please remember when reviewing information on this Page that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Page to become inaccurate or incomplete.
On occasion, information in this app may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Page reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Page is inaccurate (including after you have submitted your order if applicable).
17. Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS APP: (1) THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS APP; AND (3) THAT PAGE OR APPLICATION DEVELOPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR APP, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PAGE OR APPLICATION DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PAGE OR APPLICATION DEVELOPER’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS APP ON PAGE EXCEED FIVE ($5) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. PAGE AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ INCLUDING APPLICATION DEVELOPER DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED IN THIS APP IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” PAGE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS Page. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND PAGE MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS APP IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO PAGE EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, PAGE AND APPLICATION DEVELOPER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS APP AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
PAGE RESERVES THE RIGHT TO ALTER OR REMOVE APP CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND PAGE WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD PAGE, APPLICATION DEVELOPER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS APP, INABILITY TO USE APP, OR BREACH OF THESE TOU.
ALL USERS OF THIS APP ACKNOWLEDGE AND AGREE THAT PAGE AND APPLICATION DEVELOPER AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE APP, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. PAGE AND APPLICATION DEVELOPER RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE APP.
Page may terminate the TOU at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Page, if, in Page’s sole discretion, you fail to comply with any term or condition of the TOU.
22. Choice of Law and Forum
These TOU will be governed and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Page or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois, USA.
23. Notice and Consent to Electronic Communications
When you visit this Page or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
24. Privacy Statement
25. No other Agreements
The provisions and conditions of the TOU constitute the entire agreement between you and Page related to the use of the app and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the app by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.
Should you have any questions concerning the TOU, or if you desire to contact the app developer for any reason, please contact email@example.com.
For support regarding this app you can visit: http://bleapp.com/billow/app-support-page/