Apple/IOS Your Acceptance These Terms of Service (the “Terms”) govern your use of the Wi-Fi Calling application and service (collectively, the “Service”) that was created by Yapdawg/Social Communications 360, LLC (“Yapdawg/Social Communications 360”). By accessing or using the Service, you agree to be bound by the Terms. If you do not agree with or are not willing to comply with any portion of these Terms, do not activate or use the Service.
You must be at least 13 years old to use the Service, and if you are 13-17 years old, you may only use the Service if your parent or guardian consents to these Terms on your behalf. These Terms are the final, complete and exclusive agreement between you and Yapdawg/Social Communications 360 with respect to the subject matters hereof (including the Service) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters. You and Yapdawg/Social Communications 360 acknowledge that these Terms are concluded between Yapdawg/Social Communications 360 and you only, and not with Apple, Inc. (“Apple”), and that Yapdawg/Social Communications 360, not Apple, is solely responsible for the Wi-Fi Calling application and the content thereof. You agree to comply with all applicable agreements, terms and conditions of use or service, and other policies of the applicable App Store (as defined below). To the extent these Terms provide for usage rules for the Wi-Fi Calling application that are less restrictive than or otherwise is in conflict with, the Usage Rules (as defined below) of the third party company from which you receive the Wi-Fi Calling application, e.g. the Apple Play (an “App Store”), the more restrictive term applies.
3. Service Access A. Subject to your compliance with these Terms, Yapdawg/Social Communications 360 grants you permission to download the Wi-Fi Calling application on a mobile device that you own or control and use the Service, provided that: (i) your use of the Service is for your personal non-commercial use; (ii) you will not resell or charge others for use of or access to the Service; (iii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service; (iv) you will not use the Service to spam other users; (v) you will not attempt to reverse engineer, alter or modify any part of the Service; (vi) you will not remove or destroy any copyright notices or other proprietary marking; and (vii) you comply with the terms and conditions of these Terms. The license granted to you for the Wi-Fi Calling application is limited to a non-transferable license to use the Wi-Fi Calling application on an Android-enabled mobile device that you own or control and as permitted by the usage rules set forth in the Apple Play Terms of Sale for Devices (“Usage Rules”).
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the Yapdawg/Social Communications 360 servers in a given period of time than a human can reasonably produce in the same period by using the Wi-Fi Calling application.
C. You agree that you are solely responsible for the content of all communications made by or to you through your use of the Service and you may be exposed to Third-Party Content (as defined below) that is offensive, indecent or objectionable or which violates the proprietary, intellectual property, or privacy rights of a third party. You agree that your use of the Service to communicate with any third parties is at your own risk.
D. Yapdawg/Social Communications 360 makes no representation that the Service is appropriate for use in locations other than the United States. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations. Any diversion of the Service contrary to United States law is prohibited.
E. Yapdawg/Social Communications 360 reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Yapdawg/Social Communications 360 will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
F. The Service is provided AS IS for your information and personal use only. You agree that Yapdawg/Social Communications 360 is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Wi-Fi Calling application (each an “Update”). However, in the event Yapdawg/Social Communications 360 decides to offer an Update, your use of any such Update will be subject to the Terms of Service posted at http://www.elloapp.com/terms/ (the “Site”). You are responsible for reviewing the version of the Terms available at the Site before installing an Update, and you acknowledge and agree that your use of any Update will constitute acceptance of the Terms.
G. Yapdawg/Social Communications 360 reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
4. Ownership As between you and Yapdawg/Social Communications 360, the Service and all content (except for Third-Party Content) contained within the Wi-Fi Calling application, such as graphics and text, is and shall remain the sole property of Yapdawg/Social Communications 360 and is subject to protection under U.S. and foreign copyright laws. All information and content (such as, user generated content, audio files, music files or other sounds) provided by third-parties that you may have access to by using the Service (“Third-Party Content”) may be protected by intellectual property rights that are owned by the individual or entity from which such Third-Party Content originated.
5. Application Support You acknowledge that Yapdawg/Social Communications 360 is solely responsible for providing any maintenance and support services with respect to the Wi-Fi Calling application, as specified in these Terms (if any), or as required under applicable law. You and Yapdawg/Social Communications 360 acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wi-Fi Calling application. Yapdawg/Social Communications 360 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Wi-Fi Calling application to conform to any applicable warranty, you may notify the applicable App Store, and such App Store will refund the purchase price for the Wi-Fi Calling application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Wi-Fi Calling application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Yapdawg/Social Communications 360’s sole responsibility. Yapdawg/Social Communications 360 and you acknowledge that Yapdawg/Social Communications 360, not the App Store, is responsible for addressing any claims of you or any third party relating to the Wi-Fi Calling application or your possession and/or use of the Wi-Fi Calling application, including, but not limited to: (i) product liability claims; (ii) any claim that the Wi-Fi Calling application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Disclaimers THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND YAPDAWG/SOCIAL COMMUNICATIONS 360 (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. YAPDAWG/SOCIAL COMMUNICATIONS 360 (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability IN NO EVENT SHALL YAPDAWG/SOCIAL COMMUNICATIONS 360 (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, EVEN IF YAPDAWG/SOCIAL COMMUNICATIONS 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YAPDAWG/SOCIAL COMMUNICATIONS 360’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID YAPDAWG/SOCIAL COMMUNICATIONS 360 IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL YAPDAWG/SOCIAL COMMUNICATIONS 360’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS.
THESE TERMS DO NOT LIMIT YAPDAWG/SOCIAL COMMUNICATIONS 360’S LIABILITY TO YOU BEYOND WHAT IS PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8. Indemnity You agree to indemnify, defend, release, and hold harmless Yapdawg/Social Communications 360, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
You and Yapdawg/Social Communications 360 acknowledge that, in the event of any third party claim that the Wi-Fi Calling application or your possession and use of the Wi-Fi Calling application infringes that third party’s intellectual property rights, Yapdawg/Social Communications 360, not Apple or Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
9. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Yapdawg/Social Communications 360 without restriction.
10. General These Terms and any claim, cause of action, or dispute (“claim”) you have with Yapdawg/Social Communications 360, including but not limited to any claim arising out of or relating to these Terms or your use or accessing of the Service, shall be governed by the laws of Texas regardless of your country or state or origin where you use or access the Service, and without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to resolve all such claims exclusively in a state or federal court located within Texas, and you agree to submit to the personal jurisdiction of the state and federal courts located within Texas for the purpose of litigating all such claims. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Any end-user questions, complaints, or claims with respect to the Wi-Fi Calling application or other notices provided to Yapdawg/Social Communications 360 pursuant to these Terms should be sent to:
Yapdawg/Social Communications 360, LLC 3818 East Lynx Place Chandler, Az 85249 USA
If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms are the final, complete and exclusive agreement between you and Yapdawg/Social Communications 360 with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms against you as a third party beneficiary thereof. For contractual purposes, you (1) consent to receive communications from Yapdawg/Social Communications 360 in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yapdawg/Social Communications 360 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. This Terms of Service was last modified September 24, 2019