Mobile Application Terms of Use
These Terms of Use (the “Terms” or “Terms of Use”) govern your use of our application, Wear, which is available at Google Play Store and Apple App Store.
The application is owned and operated by Wear Technologies LLC.
These Terms constitute a binding contract between you and Wear.
In connection with your use of this application, we may also provide you with access to various other content, documentation, materials, information, goods or services. In these Terms, we refer to all of these items collectively as the “Items”.
These Terms will govern your use of all pages of the application, as well as your use of the items.
If you continue to use the application, you acknowledge that you have been given the chance to review the Terms. You acknowledge that you understand the Terms and that you agree to be bound by the Terms.
If you do not understand the Terms, if you do not agree to be bound by the Terms, or if you need more time to review and consider the Terms, then you must stop using the application immediately.
Definitions
“Application” means the mobile application called Wear including all pages, all subpages, all blogs, all forums, and all other connected internet content whatsoever which is available at Google Play Store and Apple App Store.
“Company IP” includes, but is not limited to, the contents, layout, design, colors, appearance, graphics and imagery of the application.
“Content” means any content, writing, images, audiovisual content or other information published on the application.
“Contract” means these Terms of Use.
“Dispute” means any dispute, controversy or claim arising out of, or in relation to these Terms, including any dispute, controversy or claim relating to the existence, validity or termination of these Terms.
“Identifying information” means information provided by you when registering to use the Items, including but not limited to your name and email address, a username and a password.
“Items” means any and all of the application, Content and Materials respectively.
“Materials” means any materials, information or documentation that we may provide to you in connection with your use of the application including documentation, data, information developed by us or owned by us, and other materials which may assist you in your use of the application.
“Parties” means both you (the user of the application) and us (the owner of the application) collectively.
“Terms” means these Terms of Use.
“Third Party Links” means links or references to websites or applications other than the Application, to content other than the Content or to materials other than Materials, none of which are controlled by Us.
“Us”, “We”, “Our”, the “Company” or the “Owner” refers to Insert Company Name and includes and employees, affiliates, agents or other representatives of Insert Company Name.
“You” or“Your” refers to the user of the application.
“Your content” means any Content posted to or added to the Application, Content or Materials by You or by somebody authorized by You or doing so on Your behalf.
Agreement and Representations
By continuing to use the Application and the Items, you warrant and acknowledge that you have had the chance to review and consider the terms, that you understand the terms and that you agree to be bound by the terms. If you do not understand the terms or do not agree to be bound by them then you must stop using the items immediately. We only agree to provide use of the items to you if you agree to these terms.
By continuing to use the application and the items you represent and warrant to us that you have legal capacity to enter these terms.
By continuing to use the application and the items you represent and warrant to us that you have complied with all of these terms.
Exclusion of Liability
The Application, Content and Materials are provided for general information only and may change at any time without prior notice.
You accept and acknowledge that the items may contain mistakes, errors and inaccuracies.
Your use of the Application, Content and Materials is entirely at Your risk. It is Your responsibility to make sure that any Goods, Services, Materials, Content or other information available through the Application suits your particular purpose.
Neither We, nor any third parties, provide any guarantees or warranties regarding the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the items.
To the maximum extent permitted by law, We hereby expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms.
To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability for a particular purpose of the items.
To the maximum extent permitted by law, We hereby expressly exclude any liability in relation to loss of data, interruption to your business or any damages which are incidental to or arise from such loss of data or interruption to business.
To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by You in connection with Your use of the Items.
Indemnity
You hereby indemnify Us (which, for the sake of clarity, also includes any of our employees, affiliates, agents or other representatives) and You agree to defend Us and to hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items. You agree that We may select Our own legal representation and may participate in Our own legal proceedings if We choose.
Termination
We may immediately terminate these Terms at any time, with or without cause.
We specifically reserve the right to terminate these Terms if You breach these Terms in any way.
These Terms terminate automatically if we cease to operate the Application for any reason.
Changes to Application
You acknowledge and agree that we may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or the Application at any time.
You acknowledge, agree and accept that the Application may be unavailable from time to time (whether it is unavailable due to maintenance or for any other reason).
You acknowledge, agree and accept that We take no responsibility for, and to the maximum extent permitted by law we shall not be liable in any way for the Items being temporarily unavailable, whether due to reasons within our control or not.
Intellectual Property
The Items contain intellectual property that is owned by Us and/or that is licensed to Us. This includes, but is not limited to, the contents, layout, design, colors, appearance, graphics and imagery of the Application, Content, Materials and Goods as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Items (hereinafter “Company IP”).
You hereby acknowledge and agree that, as between Us and You, We own all intellectual property rights in the items and that nothing in these Terms amounts to a transfer of any intellectual property rights from Us to You.
You hereby acknowledge and agree not to use the Company IP for any unlawful or infringing purpose.
Applicable Law
Your use of the Application and the items is subject to the Federal law of United States of America.
Contact Us
You can contact us about these Terms using the following details:
XXX
Insert Phone Number
Insert Email
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