The Flappening
Effective Date: [LAUNCH DATE]
Last Updated: [LAUNCH DATE]
This End-User License Agreement ("EULA") is a legal agreement between you ("End User" or "you") and Fort Awesome LLC ("Licensor," "we," "us," or "our") for the use of The Flappening application, including any updates, supplements, and related services (the "Licensed Application").
By downloading, installing, or using the Licensed Application, you agree to be bound by this EULA. If you do not agree, do not download, install, or use the Licensed Application.
The Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Licensed Application on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions ("Usage Rules"). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time, except as permitted by the Usage Rules.
You may not:
If you sell your Apple Device, you must remove the Licensed Application before doing so.
You agree that the Licensor 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 related to the Licensed Application. The Licensor may use this information to improve its products and provide services or technologies to you, in accordance with our Privacy Policy at https://theflappening.app/privacy.
This EULA is effective until terminated by you or the Licensor. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
The Licensed Application may enable access to the Licensor's and/or third-party services and websites (collectively, "External Services"). You agree to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services.
Data displayed by the Licensed Application or External Services, including but not limited to weather, sports scores, aviation, financial, and entertainment information, is for general informational and entertainment purposes only and is not guaranteed by the Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party.
You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that the Licensor is not responsible for any such use by you.
The Licensor may change, suspend, remove, disable, or impose access restrictions or limits on any External Service at any time without notice or liability to you.
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR SHALL CREATE A WARRANTY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU PAID FOR THE LICENSED APPLICATION IN THE TWELVE MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
You and the Licensor acknowledge and agree that Apple, Inc., and its subsidiaries (collectively, "Apple") are third-party beneficiaries of this EULA, and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
The Licensor is solely responsible for providing maintenance and support services with respect to the Licensed Application, as specified in this EULA or as required under applicable law. You and the Licensor acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
For support, contact: [email protected]
You and the Licensor acknowledge that the Licensor, not Apple, is responsible for addressing any claims of the End User or any third party relating to the Licensed Application or the End User's possession and/or use of the Licensed Application, including but not limited to:
You and the Licensor acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, the Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that:
This EULA is governed by the laws of the State of California, United States, without regard to its conflict of law provisions.
For questions about this EULA, contact:
Fort Awesome LLC
Email: [email protected]
Website: https://theflappening.app