By downloading, installing or using this App or any portion thereof (the "App"), you unconditionally and irrevocably agree to the following terms and conditions (the "Terms and Conditions"). 3VTV, LLC (“3vTV”), is the licensor and you, your business entity (if applicable) and all persons or entities using this App on your Android™ cell phone and/or mobile device (collectively and individually, “You”) are responsible for abiding by, and are subject to, the Terms and Conditions herein.
1. USE OF APP
a. 3vTV grants you the non-exclusive, non-transferable, limited right and license to install and use this App solely and exclusively for your personal use as described herein.
b. You may not use the App in any manner that could damage, disable, overburden, or impair the App (or servers or networks connected to the App), nor may you use the App in any manner that could interfere with any other party's use and enjoyment of the App (or servers or networks connected to the App).
c. You agree that you are solely responsible for (and that 3vTV has no responsibility to you or to any third party for) your use of the App, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which 3vTV may suffer) arising from or relating to any such breach.
2. PROPRIETARY RIGHTS
You acknowledge and agree that (a) the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) 3vTV and/or 3vTV’s affiliated third parties own all right, title and interest in and to the App and content that may be presented, created (including geo location and other meta data, photographs and other imagery), delivered or accessed through the App (“Content”), including without limitation all Intellectual Property Rights therein and thereto. (see Privacy Policy)
"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Apps, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App or Content for any purpose, unless otherwise permitted in writing or pursuant to functionality provided by 3vTV in the App, (ii) take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the App, (iii) use the App to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter 3vTV's or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Content or contained or accessed in conjunction with or through the App.
3vTV shall have the unfettered and absolute right to collect and store Content, including photographs and images, and to alter, redistribute, license, sublicense, duplicate and otherwise exploit in any fashion and in any media, including financially, such Content, without restriction whatsoever, and without the need of payment of any fee or royalty to You or any other person or entity.
3. 3VTV TERMS OF SERVICE AND PRIVACY POLICY
a. 3vTV’s Privacy Policy (located at http://www.3vTV.com/fielder_privacy_policy.html) explains how 3vTV treats your information and protects your privacy when you use the App. You agree to the use of your data in accordance with 3vTV’s privacy policies.
b. The App may contain features that are used in conjunction with 3vTV’s other services and may require that all 3vTV App Content, or any portion thereof, be uploaded to 3vTV servers for 3vTV’s unfettered use and exploitation (as described in Section 2 above). Accordingly, your use of such features of the App is also governed by 3vTV’s Terms of Service located at http://www.3vTV.com/fielder_terms_of_service.html, 3vTV’s Privacy Policy located at http://www.3vTV.com/fielder_privacypolicy.html, as well as any applicable 3vTV Service-specific Terms of Service and Privacy Policy, which may be updated from time to time and without notice. 3vTV reserves the right to limit, restrict or prohibit Your use of the App, including by self-help means, upon any violation, or threatened violation, by You of the Terms and Conditions.
4. U.S. GOVERNMENT RESTRICTED RIGHTS
This App, related materials and documentation have been developed entirely with private funds. If the user of the App is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the App, including technical data or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the App is further restricted by these Terms and Conditions.
5. EXPORT RESTRICTIONS
The App may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
6. TERMINATION
These Terms and Conditions will continue to apply until terminated by either You or 3vTV as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the App from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from 3vTV or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the App.
7. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless 3vTV, its affiliates and their respective directors, officers, employees, consultants and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the App, including your downloading, installation, or use of the App, or your violation of these Terms and Conditions.
8. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. 3VTV FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APP.
d. THE APP IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3VTV, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APP, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR CELL PHONE AND/OR MOBILE DEVICE, WHETHER OR NOT 3VTV OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. MISCELLANEOUS
a. These Terms and Conditions constitute the entire Agreement between you and 3vTV relating to the App and govern your use of the App, and completely replace any prior or contemporaneous agreements between you and 3vTV regarding the App.
b. The failure of 3vTV to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to 3vTV.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by You without the prior written approval of 3vTV. You are not permitted to delegate Your responsibilities or obligations under these Terms and Conditions without the prior written approval of 3vTV.
e. These Terms and Conditions and your relationship with 3vTV under these Terms and Conditions will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. You and 3vTV agree to submit to the exclusive jurisdiction of the courts located within the county of Duval, Florida, United States to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that 3vTV will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, and without the need or requirement to post any bond. In any legal proceeding arising from these Terms and Conditions, the prevailing party shall be entitled to recover its attorneys’ fees and costs for the non-prevailing party.
f. In addition to the 3vTV Privacy Policy and Terms of Service referenced above, these Terms and Conditions are the entire agreement between You and 3vTV as concerns the matters set forth herein above.
