The following General Terms and Conditions provide the legal framework for using the STOMP App and the STOMP App website. Therefore, please carefully read these General Terms and Conditions.
1. CONTRACT PARTNERS AND CONTRACT SUBJECT MATTER
These General Terms and Conditions provide the basis for the user agreement resulting between you and STOMP Enterprises. (hereinafter “The Provider”,”Us”or”We”). The contract subject matter is the free or paid use of services offered by Us on the STOMP App (the “App”), or on our website www.dwaynel30.sg-host.com (hereinafter together with the App collectively referred to as “Services”).
User agrees that he/she is the legal guardian or authorized representative of minor child and has the authority to accept all the terms and conditions contained herein. User understands that the name. likeness, image, date of birth, school, home residence and geo location mapping (“Minor’s data), of minor shall be obtained and contained by Us for the purposes of providing service to User for said minor child. User agrees that it will not share, sell or otherwise provide Minor’s Data to any person or entity except as required by court order and to specific educational institution or law enforcement as designated by User in connection for the use of this App. User hereby expressly, authorizes The Provider to use the likeness, image, name and Minor’s Data for purposes of the use of this App.
2. ADDITIONAL TERMS AND CONDITIONS
We reserve the right to make your use of certain Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.
We may, from time to time, release new versions of our App (“Updates”), release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features.
We may, from time to time, release new versions of our App (“Updates”), release new tools, or introduce new services and/or features for the Service, which will be subject to these Terms, and any additional terms of service as may apply to such additional versions, tools, services, or features. maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
The Provider has the right to transfer its rights and duties under this Agreement, in whole or in part, to a third party. In this case, an update of the App will be published with all the necessary information. If the User downloads the update, he or she can continue to use the App on the terms of the third party. If the User does not download the update, the App can no longer be used after fourteen (14) days. The User has the right to cancel the license agreement at any time.
You agree that we have no obligation to provide any Updates or continue to provide or enable any particular features or functionalities of the App to you.
4. IN-APP PURCHASES
5. THIRD-PARTY CONTENT OR SERVICES
Our Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or our Services may enable you to use additional services of third parties. We strive to design our Services in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and rules of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.
This App may display, include or make available content (including images, videos, gifs, maps and other data and information) that may be subject to copyright and other intellectual property rights under the law. This content is provided to you AS IS for your information and personal use only. You use this content at your own risk and discretion.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content at our sole discretion.
-You must be at least 18 years old or an emancipated minor by Court order.
-You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
-We must not have previously disabled your account for violation of law or any of our policies.
-You must not be a convicted sex offender
7. COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
You are solely responsible for your use of the Service and any content (including images, videos, gifs, and other data and information) that you create, share or upload via the Service (together, “User Content”), whether privately transmitted or made publicly available. Any User Content is owned and controlled solely by you. If you discover any content on the Service that you believe infringes your copyright, please report this to us in writing including the following information:
DMCA Notice and Procedure for Copyright Infringement Claims You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
– identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your notice should be sent to us by email to firstname.lastname@example.org or by mail to the following address:
2400 Herodian Way SE, #220
Smyrna, GA 30080
8. INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of STOMP Enterprises. and its licensors. The Service is protected by copyright, trademark, patents, and other laws of both the United States and foreign countries. In particular, our products and services are covered by U.S. Patent Numbers_Pending_ and U.S. Application Number _63/112,627_ Our trademarks, trade dress, and patents may not be used in connection with any product or service without the prior written consent of The STOMP Enterprises.
9. LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by The Provider has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that The Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless The Provider and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, c) Content you post on the Service or the sharing of your information or the information of another.
The Service may contain advertising and we may display advertising to you in conjunction with your use of the Service.
13. YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the App shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
The Provider assumes liability in accordance with the legal regulations, with the following qualifications: If damage suffered by the User results from the loss of data, the Provider shall not be liable if the damage would have been avoided if the User had regularly and completely saved all relevant data. The Provider’s liability for damage that is not covered by this kind of contract and for unforeseeable damage is excluded. This does not apply if the damage concerns life, the body, or health, was caused intentionally or because of gross negligence, has resulted from the lack of a guaranteed property or from the culpable breach of an essential provision of the Agreement whose performance is required for the proper execution of the Agreement and on whose compliance the contractual partner may typically rely (cardinal duties). Nor does this affect liability according to the Product Liability Act.
User understands that the use of this App does not guarantee the safety of any person nor that it will ward off any assault, battery and other harm that may become User or User’s designated person and does not guarantee safety but is a tool to assist in the recording & reporting of such activity.