StatusOwl - iOS MOBILE APP TERMS OF USE

 

Welcome to our Mobile App (the “App”).  The operation of this App involves the collection and use of information about you (collectively referred to as “Services”).We ask that you read the following terms of use which constitutes a license that covers your use of this App and any transactions that you engage in through this App and its Services (this “Agreement”).  THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  By accessing, viewing, or using the App, you acknowledge that you have read, understand, and agree with the terms of this Agreement.  ClubProwler, LLC d/b/a StatusOwl (“StatusOwl”) reserves all rights not expressly granted to you in this Agreement.

 

If you do not want to be bound by this Agreement, you must exit from and remove this App immediately. Your continued use of the App constitutes your consent and agreement to the terms of this Agreement.

 

1.      Changes to Terms:

 

We reserve the right to alter the terms of this Agreement at any time.  If the alterations constitute a material change to the Agreement, we will by notify you electronically, either via e-mail or upon login to the App.  What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.  Using the App after receiving notification of changes to this Agreement will bind you to them.  If you wish not to agree to the new terms, your relationship with StatusOwl will terminate, though your obligations under this Agreement will continue.

 

2.      Privacy Policy:

 

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.  You agree that StatusOwl may collect and use technical and personal data, including, but not limited to hardware information, software information, and peripherals, geographic data, social network data or any information you may upload as part of your profile.  StatusOwl may use and store such information as reasonably necessary to provide our Services to you.  Information used outside of this purpose may be used in a form that does not personally identify you.

 

3.      Use of Services:

 

This App is intended to allow users to create, publish, view, and interact with status updates, reviews, and other content (“User Content”) and to create an open dialog among users.  Any other use of this App is prohibited.  We do our best to keep StatusOwl safe, but we cannot guarantee it. We need your help to keep StatusOwl safe, which includes the following commitments by you:

i.          You will not post unauthorized commercial communications (such as spam) on StatusOwl.

ii.        You will not use any features of this App that communicate any advertisement, solicitation, chain letter or similar types of information.

iii.     You will not collect other users' content or information, or otherwise access StatusOwl, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

iv.      You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on StatusOwl.

v.         You will not upload viruses or other malicious code.

vi.      You will not solicit login information or access an account belonging to someone else.

vii.    You will not bully, intimidate, or harass any user.

viii. You will not post content that: is hate speech, defamatory, threatening, obscene, or pornographic; incites violence; is subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so; or contains nudity or graphic or gratuitous violence.

ix.      You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

x.         You will not use StatusOwl to do anything or to encourage anything that is unlawful, misleading, malicious, or discriminatory.

xi.      You will not do anything that could disable, overburden, or impair the proper working or appearance of StatusOwl, such as a denial of service attack or interference with page rendering or other StatusOwl functionality.

xii.    You will not facilitate or encourage any violations of Section 3 or our other policies.

xiii. You will not engage in the unauthorized use or disclosure of private, personally identifiable information of others.

 

4.      Eligibility to Use Services:

 

To be eligible to use our Services, you must meet the following criteria and represent and warrant that you: (1) are 13 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a StatusOwl account, (3) are not a competitor of StatusOwl or are not using the Services for reasons that are in competition with StatusOwl; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of StatusOwl or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

 

5.      App Content and Ownership:

 

When you upload or provide User Content, it must be accurate and complete.  You are solely responsible for any information or data you upload, publish, display, link to, or otherwise make available.  You may not use, sell, or otherwise distribute information or data provided by other users of the App.  Understand that the App is a public platform and other users will be able to search for, access, and otherwise use content or information you provide to or through the App.   Following termination or deactivation of your account, or if you remove your content from your account, StatusOwl may retain the content you provided to or through the App for backup, archival, or audit purposes.

 

In addition:

 

i.       For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your Privacy: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, modify, re-format, re-arrange, and distribute the User Content you provide to or through the App or any other service or product StatusOwl provides that you post on or in connection with StatusOwl (“IP License”).  This license is limited to the purpose of operating and providing the App to you and to our other users.  You represent and warrant that you own the User Content you provide to or through this App.  This IP License ends when you delete your IP content unless your content has been shared with others, and they have not deleted it.

ii.     When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

 

Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your StatusOwl profile information accurate and updated.

 

6.      Other Materials:

 

In addition to User Content, other information contained on this App, including all images, designs, photographs, writings, graphs, data, and other materials (collectively referred to as “App Materials”) can be accessed on the App.  Materials are the property of StatusOwl and its third party licensees and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of the App solely for the purposes of using this App for the authorized uses described above. You agree to comply with all copyright laws worldwide in your use of this App and prevent unauthorized copying of the Materials.

 

You are granted a limited, non-sublicensable license to access and use our App and electronically copy (except where prohibited without a license) and print to hard copy portions of the App Materials (except Third Party Content) for your informational, non-commercial and personal use only.  The license is subject to the terms of this Agreement and does not include:

i.                   Any resale or commercial use of the App or the App Materials therein;

ii.                 The distribution, public performance or public display of any App Materials;

iii.              Modifying or otherwise making any derivative uses of our App and the App Materials (or any portion thereof);

iv.               Use of any data mining, robots or data gathering or extraction methods;

v.                  Downloading (other than the page caching) of any portion of our App, the App Materials or any information contained therein, except as expressly permitted on our App; or

vi.               Any use of our App or the App Materials other than for its intended purpose.

 

Any use of our App or the App Materials other than as specifically authorized in the terms of this Agreement, without our prior written permission, is strictly prohibited and will terminate the license granted in this Agreement.  Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.

 

7.      Copyright Infringement:

 

The App contains User Content which is not verified or endorsed by StatusOwl.  If you believe that your copyright is being infringed on the App, please send us a written notice with the following information:

i.    Identification of the copyrighted work that you claim has been infringed.

ii.     Identification of the allegedly infringing content, and information reasonably sufficient to permit StatusOwl to locate it on the App (e.g., the URL for the web page on which the content appears);

iii.  A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

iv.   A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and

v.      Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

 

If you believe that your content should not have been removed for alleged copyright infringement, you may send us a written counter-notice with the following information:

i.       Identification of the copyrighted work that was removed, and the location on

the App where it would have been found prior to its removal;

ii.     A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification.

iii.  A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which StatusOwl is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to StatusOwl, or an agent of such person;

iv.   Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

 

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.

 

You can send us your copyright notices to info@statusowl.com; or to:

 

Notification of Claimed Infringement Agent

5587 Versailles Avenue,

Ann Arbor, Michigan  48103

 

8.      Termination:

 

Without limiting its other remedies, StatusOwl may immediately discontinue, suspend, terminate, or block your and any user’s access to the App at any time in our sole discretion. Though your right to use the App may be terminated, any obligations you have under this Agreement shall continue.  You may also request that StatusOwl stop collecting your personal data, which will also terminate your rights.

 

9.      Hyperlinks:

 

As a convenience to you, we may provide on this App links to webApps operated by other entities (collectively “Linked Apps” or “Linked App”).  If you use any Linked Apps, you will leave this App.  If you decide to visit any Linked App, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Apps, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by StatusOwl. The content, accuracy, opinions expressed, and other links provided by Linked Apps are not investigated, verified, monitored, or endorsed by StatusOwl. StatusOwl does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked App, other than linked information authored by StatusOwl. Links do not imply that StatusOwl or the App sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked App is authorized to use any trademark, trade name, logo or copyright symbol of StatusOwl or any of its affiliates or subsidiaries. Except for links to information authored by StatusOwl, StatusOwl is neither responsible for nor will it be liable under any theory based on (i) any Linked App; (ii) any information and/or content found on any Linked App; or (iii) any App(s) linked to or from any Linked App. If you decide to visit any Linked Apps and/or transact any business on them, you do so at your own risk. StatusOwl reserves the right to discontinue links to any Linked App at any time without prior notice. Please contact the webmasters of any Linked Apps concerning any information, goods, and/or services appearing on them.

 

10.  Third Party Content and Services:

 

Utilizing the services, software, materials, or data provided by any third parties shall subject you to their provider’s terms of service in addition to this Agreement.  You should consult with your internet, phone, or data provider as to these terms and any relevant pricing data.  You hereby certify that you are in compliance with all third-party terms of service and that you are solely responsible for any costs.  You agree that StatusOwl is not responsible for the content, accuracy, safety, quality, legality, timeliness, or completeness of any services, software, materials, or data provided by third parties.  You agree not to hold StatusOwl responsible for any costs or damages caused in part or wholly by third parties.

 

11.  Third Party Products, Services and Advertisements and Promotions:

 

We may run advertisements and promotions from third parties on our App or may otherwise provide information about or links to third-party products or services on our App.  Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-StatusOwl advertisers or third party information on our App.

 

12.  Location Data for Information Purposes Only:

 

Location data provided to you by StatusOwl or any third party is for information’s sake only and should not be relied upon.  StatusOwl does not guarantee the accuracy, reliability, timeliness, or availability of information, including, but not limited to, location data. The App may not be available in all languages or locations.

 

13.  Disruptions of Service:

 

StatusOwl may suspend, disable access to, or remove the App at any time without notice.  You agree not to hold StatusOwl responsible for any suspension, barring of access, or removal.

 

14.  No Use by Minors:

 

You may use the App only if you are over the age of majority in your jurisdiction.  The App is not directed to people under the age of 13.  If you become aware that your child has provided us with personal information without your consent, please contact us by e-mail at info@statusowl.com.

 

15.  Use of your Account:

 

You must keep your account secure.  You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. You will not, directly or indirectly, permit or enable any unauthorized access to your account or any information you obtain via the App’s services. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to info@statusowl.com. You will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by StatusOwl to prevent or terminate unauthorized use of any part of the App.

 

16.  E-mail:

 

By providing StatusOwl with your e-mail address, you agree to allow us to send you e-mails and use your e-mail address to send any notices required by law in lieu of communication by postal mail.  We may also use your e-mail address or mobile phone number to send you messages, and you are solely responsible for costs associated with those communications.

 

17.  Disclaimer of Warranties:

 

You expressly agree that use of this App is at your sole risk and that the entire risk relating to the App, including quality, performance, accuracy and effort, is yours. Neither StatusOwl, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that the App will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the App, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

 

The User Content and Materials may contain errors, omissions, inaccuracies, or outdated information. Further, StatusOwl does not warrant reliability of any statement or other information displayed or distributed through the App. StatusOwl reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the App. StatusOwl may make any other changes to this App, the Materials and the products, programs, services, or prices (if any) described in this App at any time without notice.

 

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND.  STATUSOWL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  STATUSOWL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, INTERFERENCE WITH YOUR HARDWARE, INTERFERENCE WITH YOU BUSINESS OR LIFE, OR ERROR-FREE OPERATION.  WE DO NOT WARRANT WHETHER UNAUTHORIZED THIRD PARTIES MAY DEFEAT OUR SECURITY MEASURES OR USE YOUR PERSONAL INFORMATION FOR IMPROPER PURPOSES.  NO STATEMENTS MADE TO THE CONTRARY BY ANY PARTY OR AGENT OF STATUSOWL SHALL CREATE A WARRANTY.  YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION OF THE APP, YOUR HARDWARE, AND OTHER SOFTWARE.

 

STATUSOWL MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE APP OR THE APP'S USERS. ACCORDINGLY, STATUSOWL IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE APP. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK.

 

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APP.

 

18.  Limitation of Liability:

 

STATUSOWL SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGE TO HARDWARE OR SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.  IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED TWENTY UNITED STATES DOLLARS.

 

19.  Indemnification, Defense, and Hold Harmless:

YOU AGREE to INDEMNIFY, DEFEND, and HOLD HARMLESS StatusOwl and its agents, members, officers, directors, employees, partners (including, without limitation, its wireless carrier partners), subsidiaries, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, suits, demands, causes of action, proceedings, orders, decrees, and judgments for bodily injury, wrongful death, loss of services, property damage, and/or any other reason, and from and against any and all costs and expenses, including attorney's fees, which may arise out of your use of the App.

20.  Claims Must Be Filed Within One Year:

 

To the extent permitted by law, any claim or dispute relating to this Agreement or the Services must be filed within one year.  The one-year period begins on the date when the claim or dispute first could be filed.  Any claim or dispute that is not filed within that time is permanently barred.  This section applies to users and their successors and assigns.  It also applies to us and our successors and assigns.

 

21.  Applicable Law:

 

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, excluding its conflicts of law rules. Any claims arising from or relating to your use of the App or this Agreement (including the Privacy Policy) may only be filed claims in federal or state courts located in the State of Michigan and you hereby consent to their exclusive jurisdiction, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.  Your use of the App may also be subject to other local, state, national, or international laws. You must comply with all applicable laws in the jurisdictions where you may use the App.

 

22.  Arbitration:

 

For any claim the total amount of the award sought is less than $10,000.00, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.  This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.  This arbitration provision shall survive termination of this Agreement.

 

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice").  The Notice to StatusOwl should be addressed to: Officer for Dispute Resolution, StatusOwl, 5587 Versailles Avenue, Ann Arbor, Michigan  48103 ("Notice Address").  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").  If StatusOwl and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or StatusOwl may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by StatusOwl or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or StatusOwl is entitled.

 

Additionally, you agree that, by entering into this Agreement, you and StatusOwl are each waiving the right to participate in a class action.  YOU AND STATUSOWL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and StatusOwl agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

 

23.  Entire Agreement:

 

This Agreement and the Privacy Policy, along with any amendments or other terms referenced in this Agreement, shall constitute the entire agreement between you and StatusOwl with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and StatusOwl with respect to the App.  The breach of any provision in this Agreement will not be waived except by the express written consent of StatusOwl, and any failure by StatusOwl to enforce its rights under this Agreement shall not constitute waiver.

 

24.  Severability:

 

Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such a part or portion will be construed as narrowly as possible and does not invalidate the remaining portions of the Agreement, which shall remain in full force and effect.

 

25.  Electronic Communications and Electronic Signatures:

 

You agree to be bound by any affirmation, assent, or agreement you transmit through this App, including but not limited to any consent you give to receive communications from StatusOwl solely through electronic transmission.  You agree that when you click on “I agree,” “I consent,” or other similarly worded “button” or entry field with your iPhone, iPod, iPad, or other device your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

 

Questions & Contact Information

 

If you should have any questions about this Agreement, the App, or StatusOwl, you may contact us at info@statusowl.com or StatusOwl, 5587 Versailles Ave Ann Arbor, MI 48103.