End-User License Agreement (“Agreement”)
Last updated: August 31, 2021
Please read this End-User License Agreement carefully before clicking the “I
Agree” button, downloading or using Cookies Sacramento .
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
———–
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire
agreement between You and the Company regarding the use of the
Application.
* Application means the software program provided by the Company downloaded
by You through an Application Store’s account to a Device, named Cookies Sacramento
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) by which the Application has been downloaded to your Device.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Cookies Sacramento Inc., 15012 stargazer drive, Aledo TX
76008.
* Content refers to content such as text, images, or other information that
can be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
* Country refers to: Delaware, United States
* Device means any device that can access the Application such as a
computer, a cellphone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded
through the Application Store with other family members by allowing them
to view and download each others’ eligible Applications to their
associated Devices.
* Third-Party Services means any services or content (including data,
information, applications and other products services) provided by a
third-party that may be displayed, included or made available by the
Application.
* You means the individual accessing or using the Application or the
company, or other legal entity on behalf of which such individual is
accessing or using the Application, as applicable.
Acknowledgment
==============
By clicking the “I Agree” button, downloading or using the Application, You
are agreeing to be bound by the terms and conditions of this Agreement. If You
do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the
Application Store. Therefore, the Company is solely responsible for the
Application and its content. Although the Application Store is not a party to
this Agreement, it has the right to enforce it against You as a third party
beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for
example, Family Sharing / Family Group or volume purchasing, the use of the
Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly
in accordance with the terms of this Agreement.
License
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Scope of License
—————-
The Company grants You a revocable, non-exclusive, non-transferable, limited
license to download, install and use the Application strictly in accordance
with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as
permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.
License Restrictions
——————–
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource,
disclose or otherwise commercially exploit the Application or make the
Application available to any third party.
* Copy or use the Application for any purpose other than as permitted under
the above section ‘License’.
* Modify, make derivative works of, disassemble, decrypt, reverse compile or
reverse engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of the Company or its affiliates, partners,
suppliers or the licensors of the Application.
Content
=======
Content Restrictions
——————–
The Company is not responsible for the entries, information or content of the
Application’s users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or otherwise
objectionable. Examples of such objectionable Content include, but are not
limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references
or commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
* Spam, machine generated content or randomly generated content,
constituting unauthorized or unsolicited advertising, chain letters, any
other form of unauthorized solicitation, or any form of lottery or
gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or
other content that is designed or intended to disrupt, damage, or limit
the functioning of any software, hardware or telecommunications equipment
or to damage or obtain unauthorized access to any data or other
information of a third person.
* Infringing on any proprietary rights of any party, including patent,
trademark, trade secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees
or representatives.
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and complies
with this Agreement, refuse or remove any Content. The Company further
reserves the right to make formatting and edits and change the manner any
Content. The Company can also limit or revoke the use of the Application if
You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties
on the Application, you agree to use the Application at your own risk. You
understand that by using the Application You may be exposed to content that
You may find offensive, indecent, incorrect or objectionable, and You agree
that under no circumstances will the Company be liable in any way for any
content, including any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of your use of any content.
Intellectual Property
=====================
The Application, including without limitation all copyrights, patents,
trademarks, trade secrets and other intellectual property rights are, and
shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to
any third party claim arising out of or relating to the Application. To the
extend the Company is required to provide indemnification by applicable law,
the Company, not the Application Store, shall be solely responsible for the
investigation, defense, settlement and discharge of any claim that the
Application or your use of it infringes any third party intellectual property
rights.
Your Suggestions
================
Any feedback, comments, ideas, improvements or suggestions provided by You to
the Company with respect to the Application shall remain the sole and
exclusive property of the Company.
The Company 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.
Modifications to the Application
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The Company reserves the right to modify, suspend or discontinue, temporarily
or permanently, the Application or any service to which it connects, with or
without notice and without liability to You.
Updates to the Application
————————–
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug
fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the
Application. You agree that the Company has no obligation to (i) provide any
Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i)
deemed to constitute an integral part of the Application, and (ii) subject to
the terms and conditions of this Agreement.
Maintenance and Support
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The Company does not provide any maintenance or support for the download and
use of the Application. To the extent that any maintenance or support is
required by applicable law, the Company, not the Application Store, shall be
obligated to furnish any such maintenance or support.
Third-Party Services
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