AGREEMENT TO OUR LEGAL TERMS
We are
Eclectic Services LLC , doing business as
Haze and
Haze Explr ( "Company," "we,"
"us," "our" ) , a company registered in
Arizona ,
United States
at 420 N Scottsdale Rd 5046 ,
Tempe ,
AZ
85288 .
We operate the website
https://www.haze-explr.com
(the
"Site" ) ,
the mobile application
Haze Explr (the
"App" ) , as well as any
other related products and services that refer or link to these
legal terms (the "Legal Terms" ) (collectively,
the
"Services" ). The Services also include any online community spaces facilitated by us, such as forums, chat groups, or community servers (the “Community Spaces”).
You can contact us by
email at
info@ecven.com or by mail to
420 N Scottsdale Rd 5046 ,
Tempe ,
AZ
85288 , United States .
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ( "you" ), and Eclectic Services LLC ,
concerning your access to and use of the Services. You agree that
by accessing the Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Services from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Legal
Terms from time to time . We will alert you about any changes by updating the
"Last updated"
date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates.
You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Legal Terms by
your continued use of the Services after the date such revised
Legal Terms are posted.
In addition to these Legal Terms, your use of the Services is governed by our
Privacy Policy,
End User License Agreement (EULA),
and Acceptable Use Policy (AUP)
(collectively, the “Policies”), each of which is incorporated by reference into these Legal Terms.
– Privacy Policy:
https://app.haze-explr.com/privacy/
– End User License Agreement (EULA):
https://app.haze-explr.com/eula/
– Acceptable Use Policy (AUP):
https://app.haze-explr.com/aup/
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. USE OF OUR SERVICES
Inherent Risks. Visiting new places always involves inherent risks.
Locations shared through Haze Explr may be difficult to reach, unsafe, or located on private property.
Hazards may include poor lighting, unstable structures, unsafe terrain, changing weather, or other dangerous conditions.
These risks can result in property damage, injury, or even death. Always plan ahead, respect your limits,
and exercise common sense and caution. Check conditions beforehand, and never put yourself or others in harm’s way.
Accuracy of Information. Information on Haze Explr is provided by members of the community.
Such information may be inaccurate, unreliable, or misleading.
The presence of a location in Haze Explr does not mean that it is safe, permitted, or accessible.
Community Moderation. We provide tools for reporting, rating, warning about potential dangers, and commenting.
Some users may act as moderators to help review content. However, moderators are members of the community,
and their input is based on personal judgment. Neither community feedback nor moderator actions are verified by us,
and they should not be relied upon as proof that a location is safe, lawful to enter, or free from hazards.
Always use your own judgment and independently confirm conditions before visiting any location.
Legal Access. Do not enter private property without permission,
and always comply with applicable laws and regulations.
You are solely responsible for ensuring that you have the legal right to access any location you visit.
Assumption of Responsibility. By using Haze Explr, you agree that you are solely responsible
for your actions and any consequences that result. This includes risks of personal injury, property damage,
disputes with others, or violations of legal requirements. Haze does not encourage, condone, or promote vandalism,
trespassing, unsafe exploration, or any unlawful activity, and no content within the Services should be interpreted as such.
Your access to and use of Haze Explr are entirely at your own risk.
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the
"Content" ), as well as the trademarks, service marks, and logos contained
therein (the "Marks" ).
Our Content and Marks are protected by copyright and trademark
laws (and various other intellectual property rights and unfair
competition laws) and treaties
in the United States and
around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
" PROHIBITED ACTIVITIES "
section below, we grant you a non-exclusive, non-transferable,
revocable license
to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your personal,
non-commercial use .
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks
other than as set out in this section or elsewhere in our Legal
Terms, please address your request to:
info@ecven.com . If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice
appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute
a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section and the
" PROHIBITED ACTIVITIES "
section carefully prior to using our Services to understand the
(a) rights you give us and (b) obligations you have when you post
or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services ( "Submissions" ), you
agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ( "Contributions" ).
Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users
of the Services and possibly
through third-party websites .
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This license
includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions
and/or posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking
accounts, you:
-
confirm that you have read and agree with our
" PROHIBITED ACTIVITIES " and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; -
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution ; -
warrant that any such Submission
and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions ; and -
warrant and represent that your Submissions
and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the " DIGITAL MILLENNIUM COPYRIGHT
ACT (DMCA) NOTICE AND POLICY "
section below.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Legal Terms;
(4) you are not under the age of 18 (or the age of majority in your province, territory, or country); (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to
use the Services ; (6) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or
unauthorized
purpose; and (8) your use of the Services will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You
agree to keep your password confidential and will be
responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise
objectionable.
5. PRODUCTS
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card
expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any
time. All payments shall be in US dollars .
You agree to pay all charges at the prices then in effect for
your purchases and any applicable shipping fees, and you
authorize
us to charge your chosen payment provider for any such amounts
upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested
or received payment.
We reserve the right to refuse any order placed through the
Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same
customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole
judgment , appear to be placed by dealers, resellers, or
distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Free Trial
We may offer a 30 -day free trial to new
users who register with the Services.
The account will be charged according to the user's chosen
subscription
at the end of the free trial.
Cancellation
Fee Changes
8. RETURN/REFUNDS
POLICY
All sales are final and no refund will be issued.
9. SOFTWARE
We may include software for use in connection with our Services.
If such software is accompanied by an end user
license
agreement ( "EULA" ), the terms of the EULA will govern your use of the software. If
such software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable
license
to use such software solely in connection with our services and in
accordance with these Legal Terms. Any software and any related
documentation is provided "AS
IS" without warranty
of any kind, either express or implied, including, without
limitation, the implied warranties of merchantability, fitness for
a particular purpose, or non-infringement. You accept any and all
risk arising out of use or performance of any software. You may
not reproduce or redistribute any software except in accordance
with the EULA or these Legal Terms.
10. YOUR INTERACTIONS WITH OTHER PEOPLE
You agree that in conjunction with your use of the Services,
you will maintain safe and appropriate contact with other people both on our Services and in the real world.
You will not harass, threaten or otherwise violate the legal rights of others.
You will not trespass, or in any manner attempt to gain or gain access to any property or
location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury,
death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services,
you release us (and our officers, directors, agents, parent, subsidiaries, joint ventures, and employees)
from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11. VISITING PLACES YOU FIND ON THE SERVICE
When you use the Services to find places to visit, you should be aware that it is to be used for general planning purposes only. Haze Explr cannot guarantee that all information about locations is accurate, and information is not updated on a continuous basis to reflect changing conditions.
You agree that in conjunction with your use of the Services, you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge that Haze Explr does not have and affirmatively disclaims any obligation or ability to provide you with complete and accurate information regarding the whereabouts of Private Property you may encounter when using the Services. Regardless of whether Haze Explr designates any content with a warning regarding its proximity to Private Property, you are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Services.
You agree to be mindful and respectful of places you visit in connection with your use of the Services. You agree that your behavior during any such visit will be appropriate to the environment around you and that you will not create excessive noise or other disturbances, or any unsafe conditions, in connection with your visit.
Visiting certain places that you learn about via the Services can be dangerous and may take you to difficult to access or potentially treacherous locations. There are many variables that must be considered prior to visiting, including: weather, fitness level, terrain features, and experience in similar situations in the past. Always exercise common sense and caution. Information on the Services about a location does not imply that accessing such location is safe or legal. Haze Explr makes no warranties, expressed or implied, regarding any such location or the accuracy, completeness or suitability of the information through the Services about such location. Visiting such locations can at times involve risk of injury, death, property damage, and other dangers associated with such activities. You understand that Haze Explr cannot and does not assume responsibility for any such personal injury, death, or property damage, all of which are at your own risk.
12. COMMUNITY SPACES
We facilitate and administer certain online community spaces, including forums, chat groups, or community servers (the “Community Spaces”), to allow users to connect and exchange information. Community Spaces may be hosted on third-party platforms that we do not own or control, and your participation is also subject to the applicable platform’s terms, policies, and community guidelines. While we may set rules, appoint moderators, or use administrative tools to maintain order, we do not endorse or assume responsibility for any user-generated content, conduct, or interactions that occur in the Community Spaces. You are solely responsible for your activity within the Community Spaces, and you agree to comply with any applicable rules or guidelines that we publish in connection with them. We reserve the right, but have no obligation, to monitor, moderate, or remove content at our discretion. Participation in the Community Spaces is at your own risk.
13. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services
may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by
us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
-
Engage in
unauthorized framing of or linking to the Services. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
-
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (
"gifs" ), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms" ). - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
-
Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any
unauthorized script or other software. - Use a buying agent or purchasing agent to make purchases on the Services.
-
Make any
unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses . -
Use the Services as part of any effort to compete
with us or otherwise use the Services and/or the
Content for any revenue-generating
endeavor or commercial enterprise. -
Use the Services to advertise or offer to sell goods and services. -
Sell or otherwise transfer your profile. -
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
14. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary
licenses , rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. -
Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing,
libelous , slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not promote or encourage any illegal behavior, including but not limited to vandalism, theft, trespassing, violent crimes, drug trafficking, cybercrime, or any other unlawful activities.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among
other things, termination or suspension of your rights
to use the Services.
15. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Services , you automatically grant, and you represent and
warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell,
publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your
image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such
Contributions, and grant and
authorize
sublicenses
of the foregoing. The use and distribution may occur in
any media formats and through any media channels.
This license
will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any
Contributions; (2) to
re-categorize
any Contributions to place them in more appropriate
locations on the Services; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your
Contributions.
16. MOBILE APPLICATION
LICENSE
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this
mobile application license
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating
endeavor , commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an
"App Distributor" ) to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the
App as specified in the terms and conditions of this mobile
application license
contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support
services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has
been designated by the US government as a
"terrorist supporting"
country and (ii) you are not listed on any US government list of
prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App,
e.g. ,
if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the App; and
(6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this
mobile application license
contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party
beneficiary thereof.
17. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the
Site or App ) links to other websites ( "Third-Party Websites" ) as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software,
and other content or items belonging to or originating from third
parties ( "Third-Party
Content" ). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the
Third-Party Websites or
the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites
or any
Third-Party Content
does not imply approval or endorsement thereof by us. If you decide
to leave the Services and access the
Third-Party Websites or to
use or install any
Third-Party Content, you
do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make through
Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any
Third-Party Content or any
contact with
Third-Party
Websites.
18. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the
law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
19. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://app.haze-explr.com/privacy/ . By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United States ,
Germany ,
United Kingdom ,
Australia ,
Japan and
France . If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the
United States ,
Germany ,
United Kingdom ,
Australia ,
Japan and
France , then through your
continued use of the Services, you are transferring your data to
the
United States ,
Germany ,
United Kingdom ,
Australia ,
Japan and
France , and you expressly
consent to have your data transferred to and processed in
the
United States ,
Germany ,
United Kingdom ,
United States ,
Australia ,
Japan and
France .
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online
Privacy Protection Act, if we receive actual knowledge that
anyone under the age of 18 has provided personal information
to us without the requisite and verifiable parental consent,
we will delete that information from the Services as quickly
as is reasonably practical.
20. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
notify our Designated Copyright Agent using the contact information
provided below (a
"Notification" ). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please
be advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by
the Services infringes your copyright, you should consider first
contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. §
512(c)(3) and include the following information: (1) A physical or
electronic signature of a person
authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on
the Services are covered by the Notification, a representative list
of such works on the Services; (3) identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material; (4) information reasonably sufficient to permit
us to contact the complaining party, such as an address, telephone
number, and, if available, an email address at which the complaining
party may be contacted; (5) a statement that the complaining party
has a good faith belief that use of the material in the manner
complained of is not
authorized
by the copyright owner, its agent, or the law; and (6) a statement
that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is
authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from
the Services as a result of a mistake or misidentification, you may
submit a written counter notification to our Designated Copyright
Agent using the contact information provided below (a
"Counter Notification" ). To be an effective Counter Notification under the DMCA, your
Counter Notification must include substantially the following: (1)
identification of the material that has been removed or disabled and
the location at which the material appeared before it was removed or
disabled; (2) a statement that you consent to the jurisdiction of
the Federal District Court in which your address is located, or if
your address is outside the United States, for any judicial district
in which we are located; (3) a statement that you will accept
service of process from the party that filed the Notification or the
party's agent; (4) your name, address, and telephone number; (5) a
statement under penalty of perjury that you have a good faith belief
that the material in question was removed or disabled as a result of
a mistake or misidentification of the material to be removed or
disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or
disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a
court action to restrain you from engaging in infringing activity
related to the material in question. Please note that if you
materially misrepresent that the disabled or removed content was
removed by mistake or misidentification, you may be liable for
damages, including costs and attorney's fees. Filing a false Counter
Notification constitutes perjury.
Attn: Copyright Agent
21. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
22. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
23. GOVERNING LAW
These Legal Terms and your use of the Services are governed by
and construed in accordance with the laws of
the State of
Arizona
applicable to agreements made and to be entirely performed
within the State of
Arizona , without
regard to its conflict of law principles.
24. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes" ) brought
by either you or us (individually, a
"Party" and collectively, the
"Parties" ), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in
Maricopa County , Arizona , and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts . Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal
Terms.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
25. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
26. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
27. LIMITATIONS OF LIABILITY
REGARDLESS OF THE FORM OR CAUSE OF ACTION OF THE ALLEGED BASIS OF THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW,
HAZE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND COMMUNITY MEMBERS WHO SERVE AS COMMUNITY VOLUNTEER REVIEWERS,
TRANSLATORS, MODERATORS, AND ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, REVENUES OR DATA ARISING FROM (a) THIS AGREEMENT, (b) YOUR USE OF OUR SERVICES, (c) ANY THIRD-PARTY CONDUCT OR CONTENT ON OUR SERVICES,
OR (d) CONTENT AVAILABLE THROUGH OUR SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY,
FAIL OF THEIR ESSENTIAL PURPOSE. SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, THEN TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HAZE AND COMMUNITY MEMBERS WHO SERVE AS COMMUNITY VOLUNTEER REVIEWERS, TRANSLATORS, MODERATORS, AND ADMINISTRATORS TO YOU FOR ANY AND ALL CLAIMS OF ANY KIND UNDER THESE LEGAL TERMS OR ARISING OUT OF OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES
(INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON IMPLIED WARRANTIES) IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING, OR (II) ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE HAZE AND COMMUNITY MEMBERS WHO SERVE AS COMMUNITY VOLUNTEER REVIEWERS, TRANSLATORS, MODERATORS, AND ADMINISTRATORS FROM ALL OBLIGATIONS,
LIABILITY, CLAIMS, OR DEMANDS IN EXCESS OF THE LIMITATION. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, employees, and community members who serve as community volunteer reviewers, translators, moderators, and administrators from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions; (2) use of the
Services, including participation in any Community Spaces; (3) breach of
these Legal Terms; (4)
any breach of your representations and warranties set forth in
these Legal Terms; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services; or (7) your violation of applicable law which you are responsible for. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense
and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our
defense
of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
29. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we
shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic
means.
31. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
32. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses
you may have based on the electronic form of these Legal Terms and
the lack of signing by the parties hereto to execute these Legal
Terms.
33. REMOVAL OF LOCATIONS
If you are a responsible party for a location listed on Haze Explr and would like it removed, please contact us at
info@ecven.com. Upon receiving your request, we will review the information provided and, if appropriate, remove or restrict access to the location in the Services.
While we aim to process requests promptly, we do not guarantee immediate removal. We may request additional details before taking action.
34. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at: