These Optimal Awesome Terms and Conditions (the “Terms and Conditions”) govern your use of the Optimal Awesome, LLC (“Optimal Awesome,” “Company”, “we,” “us,” or “our”) services, Content (as defined below), website (the “Site”), mobile services, sweepstakes, promotions, Member Content (as defined below), and/or any other analyses, research, opinions, reports and/or other information provided by or through the same (collectively, the “Services”).
The Optimal Awesome Privacy Policy (“Privacy Policy”) is expressly incorporated herein by reference (these Terms and Conditions, the Privacy Policy, and all other terms, documents and policies incorporated herein by reference, collectively, the “Agreement”). The Agreement constitutes the entire and only agreement between you and Optimal Awesome with respect to your use of the Services and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services.
By using the Services, you acknowledge that you have read, understand, agree to be bound by, and accept the Agreement. Optimal Awesome reserves the right to use your information in the manner consistent with the Privacy Policy. Please review the Agreement carefully. If you do not agree to be bound by the Agreement, you should not access or use the Services. The Agreement constitutes a legally binding agreement between Optimal Awesome and you.
Modification of Agreement
Company may, without notice, update, revise, or change these Terms and Conditions in whole or in part, at any time; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes that arose prior to the applicable amendment or modification.The latest Agreement will be posted on the Site and shall be effective immediately upon publication of the modified Agreement. It is your responsibility to review the Agreement prior to using the Services. Your continued use of the Services means that you accept and agree to the changes. Therefore, you should regularly check the Site for any updates and/or changes.
Access to the Services and Account Security
The Services are not available to:any users previously suspended or removed from the Services (unless such suspension or removal has been expressly rescinded by Optimal Awesome, provided that a suspended or removed user’s access to or use of the Services shall not constitute rescission of such suspension or removal by Optimal Awesome);ORANY PERSONS UNDER THE AGE OF 16 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN.Optimal Awesome reserves the right, in its sole discretion, to deny access to any Optimal Awesome Services, to anyone, for any reason whatsoever, as permitted by applicable law.We also reserve the right to discontinue, withdraw, or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services to you or any other users, including registered users.You are responsible for both making all arrangements necessary for you to have access to the Services.
Account Registration
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide on the Services is correct, current, and complete and that you update such information as necessary to maintain it in an up-to-date and accurate fashion. Optimal Awesome reserves the right, in its sole discretion, to deny use to anyone, for any reason whatsoever, as permitted by applicable law.You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to accept responsibility for all activities that occur through use of your account, username and password.
Account Limitation & Termination
Optimal Awesome agrees that it will terminate your access to the Services upon notice from you to do so. Your right to use the Services is subject to all limits established by Optimal Awesome in its sole discretion.
Reliance on Content
The Content is compiled, distributed and displayed by Optimal Awesome, as well as Optimal Awesome members (“Members”), and other third-party content providers (“Third-Party Providers”). Optimal Awesome does not control the Content provided by Members and/or Third-Party Providers that is made available by and through the Services. Such Members and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. You may find certain Content as posted by Members and/or Third-Party Providers to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Services.If you would like to register a complaint, notify Optimal Awesome of a dispute, notify Optimal Awesome of any improper use of your Content or other information, or notify Optimal Awesome of inaccurate or misleading Content appearing on the Site or otherwise made available by and through the Services, please feel free to contact us at support@optimalawesome.com.
Member Interactions/Comments/Activity Posts
As part of your use of the Services, you may upload, post, distribute, disseminate, or send to us content or materials, including but not limited to, photographs, captions, statements, feedback, and other content (collectively, “Member Content”) which we, at our discretion, may make available through the Services. You hereby grant Optimal Awesome an irrevocable, nonexclusive, transferable royalty-free worldwide right and license to use, distribute, translate, create derivative works from, and store (and you hereby waive all moral rights you may have with respect to) the Member Content (regardless of the medium, technology, or form in which it is used) on or in connection with the Services, including without limitation in connection with the operation, advertising and promotion of the Services. For example, and without in any way limiting the generality of the foregoing sentence, Optimal Awesome may use the Member Content to promote the Services as part of a book, screen option, demonstration or brochure.
By submitting Member Content to us, you, subject to the Privacy Policy:acknowledge and agree that you are solely responsible for the form, content and accuracy of such Member Content;represent and warrant that (i) Optimal Awesome’s use of such Member Content does not and will not breach any agreement, violate any law, or infringe any third party’s rights (including without limitation any third party’s intellectual property rights), and (ii) such Member Content is true and accurate in all respects;agree that Optimal Awesome is free to use, in any manner, all or part of such Member Content on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; andgrant Optimal Awesome all necessary rights, including a waiver of all copyright, trademark, service marks, privacy, right of publicity and moral rights, to use all Member Content, in whole or in part, or as a derivative work, without any duty by Optimal Awesome to anyone whatsoever.You are solely responsible for your interactions with other Members including, but not limited to, Members and Third-Party Providers. In the event that you have a dispute with one or more users, Members and/or Third-Party Providers, you hereby release Optimal Awesome, including, but not limited to, its officers, directors, members, shareholders, agents, affiliates, subsidiaries and employees, from any and all claims, demands and damages of every kind and nature (including without limitation actual, indirect, special, consequential, incidental and punitive), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Optimal Awesome reserves the right, but has no obligation, to monitor disputes between you and other users, Members and/or Third-Party Providers.
Member Content Terms of Use and Restrictions
You agree that you are solely responsible for the Member Content and/or other information that you publish, transmit and/or post by and through the Services. In connection with your use of the Services, you agree not to:display website links, buttons, banner ads, co-registration paths, copy or processes for generating actions in any Member Content;display any telephone numbers, street addresses, URLs, e-mail addresses or any other confidential information of any third party;display any audio files, text, photographs, videos or other images containing confidential information as defined by applicable law;impersonate any person or entity;“stalk” or otherwise harass any person;advertise third-party products and/or services and/or engage in any unauthorized advertising or commercial solicitation of or on behalf of third parties;transmit any chain letters, spam or junk e-mail;express or imply that any statements that you make are endorsed by Optimal Awesome, without our specific prior written consent;post, distribute or reproduce in any way any copyrighted material, trademarks, service marks, trade secrets, patents, domain names, or other intellectual property or proprietary information without obtaining the prior consent of the applicable owner of such proprietary rights;remove any copyright, trademark or other proprietary rights notices contained in the Services;post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/orpost, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet.Engaging in any of the aforementioned prohibited practices shall be deemed a material breach of the Agreement and may result in the immediate termination of your Services without notice, in the sole discretion of Optimal Awesome.Optimal Awesome reserves the right to pursue any and all legal remedies against Members (including you) that engage in the aforementioned prohibited conduct.
Use of the Services
As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Services in accordance with the Agreement. Optimal Awesome may terminate the Agreement and/or the license granted in the foregoing sentence at any time for any reason. Unless otherwise expressly authorized by Optimal Awesome, you may only use the Services for your own personal use. You may not reproduce in any form or incorporate into any information retrieval system, whether electronic or mechanical, any part of the Services. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not create any “derivative works” or otherwise alter any aspect of the Services. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Content, Member Content, and/or other information from the Services. You may not exploit any aspect of the Services for any commercial purposes not expressly permitted by Optimal Awesome in writing. You further agree to indemnify and hold harmless Optimal Awesome for your failure to comply with this section. Optimal Awesome reserves all rights not explicitly granted in the Agreement.Proprietary RightsAll Content and other material posted or made available by and through the Services including, but not limited to, the design, selection, arrangement and coordination of such Services, is owned by, or licensed to, Optimal Awesome and is protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Optimal Awesome’s prior express written consent. Except as expressly provided in the Agreement, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity, service marks, trademarks or any other intellectual property rights with respect to any of the Services, any portion thereof, and/or any document, software, services or other materials viewed at or through the same. The posting of information or material by or through the Services by Optimal Awesome, any Member, or any Third-Party Provider does not constitute a waiver of any right in or to such information and materials. The “Optimal Awesome” name and logo are trademarks of Optimal Awesome. All custom graphics, icons and service names are trademarks and/or copyrights of Optimal Awesome, whether or not registered, recorded or published. All other trademarks are the property of their respective owners. The use of any Optimal Awesome trademarks, service marks, copyrights, patents, trade secrets, domain names, and/or other intellectual property or proprietary rights without Optimal Awesome’s express written consent is strictly prohibited.
Indemnification
You agree to indemnify and hold Optimal Awesome, its parents, affiliates and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, due to or arising out of your use of Services, your breach of the Agreement, or your Member Content, including without limitation any third-party claims of intellectual property infringement (collectively, “Your Indemnification Obligations”).The provisions of this section are for the benefit of Optimal Awesome, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties
THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, OPTIMAL AWESOME MAKES NO WARRANTY THAT THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES:WILL MEET YOUR NEEDS WILL BE UNINTERRUPTED, TIMELY, OR COMPLETELY SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SAME, OR AGAINST INFRINGEMENT; AND/OR WILL RESULT IN ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME EXCEPT AS DESCRIBED IN THE SERVICES OR PRODUCT.THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES MAY CONTAIN KNOWN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.OPTIMAL AWESOME WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPTIMAL AWESOME, ANY MEMBERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPTIMAL AWESOME SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPTIMAL AWESOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OPTIMAL AWESOME ALSO SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR:THE USE OR THE INABILITY TO USE THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES;THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SERVICES;THE FAILURE TO REALIZE ANY SPECIFIC HAPPINESS, MENTAL HEALTH, PSYCHIATRIC OR OTHER BENEFIT OR RELATED OUTCOME; ANDANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES.THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, SECURITIES LAW VIOLATIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, MEDICAL AND OTHER MALPRACTICE, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE OPTIMAL AWESOME FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF OPTIMAL AWESOME TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES MAY BE BROUGHT BY YOU OR OPTIMAL AWESOME MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPTIMAL AWESOME. ACCESS TO THE SERVICES AND/OR ANY OTHER OPTIMAL AWESOME PRODUCTS AND/OR SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS OPTIMAL AWESOME’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third-Party Websites
The Services contain links to other websites on the Internet that are owned and operated by third parties, including Third-Party Providers. In some instances, these websites may be co-branded, and/or the third parties are entitled to use Optimal Awesome’s name and logo on their third-party websites. Optimal Awesome does not control the information, products or services available on these third-party websites. The inclusion of co-branding and/or links does not imply endorsement by Optimal Awesome of the applicable website or the website’s operators. Because Optimal Awesome has no control over such websites and resources, you agree that Optimal Awesome is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers and Third-Party Providers featured on the Site or in connection with the Services, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable Third-Party Provider, advertiser or other third-party, as applicable. You further agree that Optimal Awesome shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.Copyright Policy/DMCA ComplianceOptimal Awesome reserves the right to terminate the Services of any Member who repeatedly infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted on or via the Services in a way that constitutes copyright infringement, you should provide Optimal Awesome with the following information:an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;an identification and location on the Services (or otherwise) of the copyrighted work that you claim has been infringed upon;a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law;your name and contact information, such as telephone number or e-mail address; anda statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Optimal Awesome’s Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: DMCA/Copyright Agent
Email: support@optimalawesome.com
Optimal Awesome, LLC.470 Linares Ave, LB, CA 90803
Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Los Angeles, CA, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).Except for claims arising under (i) Your Indemnification Obligations, and (ii) the Privacy Policy, any claim under the Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party in any dispute arising under the Agreement will be entitled to recover all costs, including without limitation all attorneys’ fees, incurred by such prevailing party in connection with such dispute.MiscellaneousShould any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through execution or operation of the Agreement. Headings used in this Agreement are for convenience only and have no legal or contractual significance. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, heirs, and assigns of both parties, as the case may be. Optimal Awesome may assign this Agreement in whole or in part at any time without your consent. You may not assign this Agreement or delegate any of your obligations hereunder.
Notice for Residents of California in the United States
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW OR BY EMAILING US AT SUPPORT@OPTIMALAWESOME.COM. CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA IN THE UNITED STATES.
Contact Us
We endeavor to listen to or read, as applicable, every message sent in and to reply promptly to each one. The information that is provided by you is used to respond directly to your questions or comments. If you have any questions about the Agreement, the Optimal Awesome Services or the practices of Optimal Awesome, please feel free to contact us at support@optimalawesome.com.
End User License Agreement
Introduction
This End User License Agreement (the "Agreement") is a binding agreement between you ("User" or "you") and Optimal Awesome, LLC ("Company"). This Agreement governs your use of the Build in Public mobile application for Apple iOS or Google Android operating systems or Facebook (including all related documentation, the "Application"). The terms and conditions contained in the Agreement Company reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Application.
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU:(A) ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT;(B) YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,(C) YOU AGREE IF YOU ACCESS THE APPLICATION FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATION.
License
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, revocable, non-transferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation.You shall not:(a) copy the Application, except as expressly permitted by this Agreement;(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;(c) reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivates works or updates of, adapt, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.Nothing in this Agreement should be interpreted to restrict third-party terms, including Apple Media Services Terms and Conditions (link: https://www.apple.com/legal/internet-services/itunes/us/terms.html) and/or Google Play Terms of Service (link: https://play.google.com/intl/en_US/about/play-terms/). You must ensure that you comply with applicable third-party terms and conditions.You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
User Content
The Application may provide you with the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, or personal information or other material (collectively, "Content"). You are responsible for your use of the Application and for any Content you provide, including compliance with applicable laws, rules, and regulations.By submitting, posting or displaying Content on or through the Application, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, disclose, adapt, modify, publish, transmit, display and distribute such Content for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area in the Application. You are solely responsible for your Content related to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Content; (2) to recategorize any Content to place them in more appropriate locations in the Application; and (3) to prescreen or delete any Content at any time and for any reason, without notice. We have no obligation to monitor your Content. Any use of the Application in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Application.
Collection and Use of Your Information
You acknowledge that when you download, install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy https://www.optimalawesome.com/privacy-policy-for-build-in-public-app. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Updates
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:(a) the Application will automatically download and install all available Updates; or(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;(b) you may receive notice of or be prompted to download and install available Updates.You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Term and Termination
The term of Agreement commences when you download/install the Application and will continue in effect until terminated as provided herein (the "Term"). You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Idemnification
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Application.
Export Regulation
The Application may be subject to United States export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the United States.SeverabilityIf any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of Bulgaria without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Application and/or under this Agreement will be instituted in the Country of Bulgaria, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Application from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Entire Agreement
This Agreement constitutes the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledge that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of this Agreement, save those expressly set out in this Agreement, and that they shall have no rights or remedies with respect to such subject matter otherwise than under this Agreement save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of this Agreement shall be effective unless it is in writing and signed by or on behalf of Company.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Contact Information
For general inquiries, complaints, questions or claims concerning the Application, please contact: Optimal Awesome, LLC 470 Linares Ave, LB, CA 90803, support@optimalawesome.com
Last Updated: 09/28/2023