Nerd Alert App End User License Agreement
Nerd Alert, operated by Andrew Olson (“us”, “we”, or “our”) operates the website and the Nerd Alert mobile application (the “Service”).
This End User License Agreement (“Agreement”) is between you and Nerd Alert and governs use of this app made available through the Apple App Store. By installing the Nerd Alert App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Nerd Alert App.<
In order to ensure Nerd Alert provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
1. Parties This Agreement is between you and Nerd Alert only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Nerd Alert, not Apple, is solely responsible for the Nerd Alert App and its content.
2. Privacy Nerd Alert may collect and use information about your usage of the Nerd Alert App, including certain types of information from and about your device. Nerd Alert may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Nerd Alert App. We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. For full Privacy agreement visit nerdalert-app.com/privacy-policy
3. Limited License Nerd Alert grants you a limited, non-exclusive, non-transferable, revocable license to use the Nerd Alert App for your personal, non-commercial purposes. You may only use the Nerd Alert App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Nerd Alert App, you represent and warrant that (a) you are 18 years of age or older and you agree to be bound by this Agreement; and (c) your use of the Nerd Alert App does not violate any applicable law or regulation. Your access to the Nerd Alert App may be terminated without warning if Nerd Alert believes, in its sole discretion, that you are under the age of 18 years.
5. Objectionable Content Policy Content may not be submitted to Nerd Alert, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. (vi) The use of any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents is expressly prohibited. Please for the love of God don’t make us terminate your profile/account.
6. Warranty Nerd Alert disclaims all warranties about the Nerd Alert App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Nerd Alert, not Apple, shall be solely responsible for such warranty.
7. Maintenance, Support and Termination Nerd Alert does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Nerd Alert, not Apple, shall be obligated to furnish any such maintenance or support. You may terminate your account at any time, for any reason, by going to the “Edit Profile” page and clicking the “Delete Profile” button the Service, Nerd Alert may terminate your account at any time without notice if it believes that you have violated this Agreement.
8. Product Claims Nerd Alert, not Apple, is responsible for addressing any claims by you relating to the Nerd Alert App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Nerd Alert App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims Nerd Alert shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Nerd Alert App. To the extent Nerd Alert is required to provide indemnification by applicable law, Nerd Alert, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Nerd Alert App or your use of it infringes any third party intellectual property right.
10. Safety and your interactions with Other Users: Nerd Alert encourages a respectful user interaction; it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You are solely responsible for your interactions with other users. You understand that Nerd Alert does not conduct criminal background checks on it’s users or otherwise inquire into the background of it’s users. Nerd Alert makes no representation or warranties as to the conduct of users. Nerd Alert Reserve the right to conduct – any criminal background checks or other screening at anytime using available public records.
11. Rights you Grant Nerd Alert: By creating an account, you grant to Nerd Alert a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Google or other providers, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Nerd Alert’s license to your Content shall be non-exclusive, except that Nerd Alert’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Nerd Alert would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Nerd Alert can prevent the use of your Content outside of the Service, you authorize Nerd Alert to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Nerd Alert users).
You agree that all information that you submit upon creation of your account, including information submitted from your Google account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Nerd Alert above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
In consideration for Nerd Alert allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Nerd Alert regarding our Service, you agree that Nerd Alert may use and share such feedback for any purpose without compensating you.
You agree that Nerd Alert may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.