App Security Policy
This Application relies on the security measures that are already included in your device. Super Duper® Publications is not responsible for maintaining the security of any confidential information that you enter into, or send from, this App. Please remember to lock your device to protect this information and do not e-mail information over a non-secure connection.
End-User License Agreement
This is a legal agreement between you and Super Duper Publications stating the terms that govern your use of this mobile application (the “Application”). This agreement, together with all updates, additional terms, software licenses, and all of Super Duper Publications rules and policies, collectively constitute the “Agreement” between you and Super Duper Publications. By installing the Application you are indicating that you agree to these terms. If you do not agree to these terms do not install or use the Application. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and Super Duper Publications may refuse access to the Application for noncompliance with any part of the Agreement.
Consent to Use of Data
You agree that Super Duper Publications may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Super Duper Publications may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The license is effective until terminated by you or Super Duper Publications. Your rights under this license will terminate automatically without notice from the Super Duper Publications if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
The Application may enable access to Super Duper Publications and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Super Duper Publications is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Super Duper Publications does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither Super Duper Publications nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or notification data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Super Duper Publications is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from displayed on or linked to from the Android device, iPhone, iPad or iPod Touch are not available in all languages or in all countries. Super Duper Publications makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Super Duper Publications, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Super Duper Publications be liable for the removal of or disabling of access to any such Services. Super Duper Publications may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SUPER DUPER PUBLICATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SUPER DUPER PUBLICATIONS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUPER DUPER PUBLICATIONS OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SUPER DUPER PUBLICATIONS 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 OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF RIPPLE 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.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Restricted Rights
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
The laws of the State of South Carolina, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Greenville County, SC, U.S.A. Both you and Super Duper Publications consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by South Carolina state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
Compliance with Laws
You do not acquire under this Agreement any intellectual property or other proprietary rights, including without limitation, any patents, inventions, improvements, designs, trademarks, including any applications for same, copyright, rights in any confidential information or trade-secrets, in or relating in any way to the Application. Any grants not expressly granted herein are reserved.
Except where otherwise specified, the contents of the Application are copyright (c) 2011 Super Duper Publications. All rights reserved. The contents of the Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Application without the prior written consent of Super Duper Publications.
Third Party Beneficiary
You acknowledge and agree that Android, Android’s subsidiaries, Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of these terms and conditions, Android, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
You agree to indemnify, defend and hold Super Duper Publications, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless 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 Application, (c) any breach of this Agreement by you, and/or (d) your violation of any law or of any rights of any third party.
You hereby agree that if the terms of this Agreement are not specifically enforced, Super Duper Publications will be irreparably damaged, and therefore you agree that Super Duper Publications shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.
Super Duper Publications may assign this Agreement without notice to you. You shall not assign this Agreement without the prior written consent of Super Duper Publications (such consent may be withheld at Super Duper Publications discretion).
If you have any questions or concerns about this Agreement, you may contact us at: firstname.lastname@example.org
Except as otherwise provided, herein, this Agreement constitutes the entire agreement between the parties respecting the Application and there are no provisions, representations or collateral agreements between the parties other than as set out in this Agreement. Super Duper Publications reserves the right to make changes to this Agreement by providing you with notice of the change by including it in an update in the Apple App Store, Google Play, Amazon App Store, Barnes and Noble or by any other reasonable method. If you continue to use the Application after notice of the change has been given, you shall be deemed to have accepted this change.