LITTLEGLOW MOBILE APP
TERMS & CONDITIONS
Lycored Corp. (“Lycored” or “we”) offers the LITTLEGLOW MOBILE APP (together with all related documentation, the “App”) to you (“End User” or “you”) conditioned on your acceptance without modification of the following Terms and Conditions (“Terms”).
BY DOWNLOADING, INSTALLING AND USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AS THEY APPLY TO YOU AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APP AND IF INSTALLED, DELETE IT FROM YOUR MOBILE DEVICE.
1. License Grant. Subject to the following provisions, we grant you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation.
2. License Restrictions. Licensee shall not:
(a) copy the App, unless otherwise permitted by these Terms;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App 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 App, including any copy thereof; or
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason.
3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Lycored, and its licensors and service providers, if any, reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, logos, service marks, design marks, trade names, and other intellectual property rights therein or relating thereto, except as expressly granted to you under these Terms.
4. Collection and Use of Your Device Information. You acknowledge that when you download, install, or use the App, Lycored or its service providers will collect your Mobile Device’s unique identifier. This and any other information we collect through or in connection with the App is subject to our Privacy Policy at: http://www.littleglowapp.com/privacy. By downloading, installing, and using the App, you consent to all actions taken by us with respect to your device information in compliance with the Privacy Policy.
5. Updates. We may from time to time in our sole discretion develop and release to app stores App updates, which may include upgrades, bug fixes, patches, 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 Lycored has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You are responsible for periodically checking for Updates at an app store and installing such Updates and you acknowledge and agree that the App or portions thereof may not properly operate should you fail to download Updates. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
6. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
7. Term and Termination.
(a) These Terms commence when you download and install the App and will continue in effect until terminated by you or by us as set forth here.
(b) You may discontinue your use of the App at any time by deleting the App and all copies thereof from your Mobile Device (“Termination”).
(c) At Lycored’s sole discretion, we may, with or without advance notice to you, suspend, cease or discontinue the App in full or in part (collectively “App Suspension”), for any reason including but not limited to your violation of any of these Terms. We assume no liability for any loss suffered by you or by any third party due to App Suspension for any reason.
(d) Upon App Suspension or Termination of your use of the App:
(i) all rights granted to you under these Terms will terminate; and
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device.
(e) App Suspension or Termination of your use of the App will not limit any of Lycored’s rights or remedies at law or in equity.
10. Disclaimer of Warranties. The App is provided on an “as is” basis and Lycored does not warrant or represent that the App, its functions and its content are free of errors or defects. LYCORED DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND YOUR USAGE OF THE APP, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LYCORED PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL ACHIEVE ANY INTENDED RESULTS OR BE COMPATIBLE OR WORK WITH ANY SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES. The content and functions of the App are subject to modification, suspension, or discontinuance at any time.
11. Limitation of Liability. LYCORED AND ITS AFFILIATES DISCLAIM ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED U.S. DOLLARS AND FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING SUCH DAMAGES AS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
12. Severability. If any provision of these Terms 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 these Terms will continue in full force and effect.
13. Governing Law. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of the End User and Lycored in connection with the App, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules. The state and federal courts of the State of New Jersey shall have exclusive jurisdiction of any claim or controversy arising out of or relating to the App and these Terms.
14. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Lycored with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
16. 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. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall govern.
Dated: March 2019