LAST UPDATED: March 1, 2020

 

Springshot End User License Agreement

Please read this End User License Agreement before accessing or using the App and related services that Springshot makes available to you. You must click the “I Agree” button located on the bottom of this page in order to be able to use the Service. By clicking “I Agree” at the bottom of this page, you are indicating that you have read the terms and conditions of this Agreement, understand them, and agree to be legally bound to them. If you do not accept any of the terms and conditions of this Agreement or are not authorized to bind the legal entity on behalf of which you are acting, please click “Cancel” at the bottom of this page. If you do not accept the terms and conditions of this Agreement or do not have the power and authority to bind the legal entity on behalf of which you are acting, you are not permitted to use the App or access or use the related service.

This mobile application (together with all Services (as defined below), the “App”) is provided by Springshot, Inc. (“Springshot,” “we,” “us,” and “our”) pursuant to the terms and conditions of this End User License Agreement (the “Agreement”). The App allows users to access and use content and services related to us and our products, which may include audiovisual content, images, text, data, news feeds, statistics, profiles, forums, discussion boards, bulletin boards, blogs, messaging functionality and other similar content and services (such content and services, collectively, the “Services”). Please read this Agreement carefully before using the App. By accessing and/or using the App, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not access or use the App.

By accessing or using the App, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. If you are not of legal age to enter into this Agreement and have not obtained parental or guardian consent to enter into this Agreement, then you may not access or use the App. 

We reserve the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation by making available the revised version of this Agreement through the App. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your continued use of the App following our making available any revised version of this Agreement will mean that you accept that revised version of the Agreement, provided that any material change to this Agreement shall not apply retroactively to any claim or dispute between you and us in connection with this Agreement that arose prior to the “LAST UPDATED” date applicable to that version of this Agreement in which we included such material change. If you do not agree to any changes made to this Agreement, you may not access or use the App. We may, at any time, modify or discontinue all or part of the App; charge, modify or waive fees required to use the App; or offer opportunities to some or all App users.

  1. Information You Submit Through the App. Your submission of information through or in connection with the App is governed by Springshot’s privacy policy (the “Privacy Policy”), located at www.springshot.com/privacypolicy. To the extent that you submit any personally identifiable information to any third party in connection with the App, please note that (a) such third party’s collection, use and disclosure of such information will be governed by its own privacy policy and not by Springshot’s Privacy Policy, and (b) we are not responsible for the information collection, usage and disclosure practices of such third party or any other third parties.

You represent and warrant that any information you provide in connection with your use of the App is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH OR IN CONNECTION WITH THE APP, YOU DO SO AT YOUR OWN RISK.

  1. Registration; User Names and Passwords; Access Codes. You may be required to register in order to access certain Services or areas or features of the App. With respect to any such registration, you may not use (and we may refuse to grant you) any user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the App, and you agree not to transfer such passwords or user names, or lend or otherwise transfer your use of or access to the App, to any third party. You are fully responsible for all interactions with the App that occur in connection with your user names.

You may also be required to register with an access code to access or use certain Services or areas or features of the App. Such access code may be provided to you by us or by your employer, and may be subject to the payment of fees by you or your employer. Such access code may be disabled by us or by your employer at any time, without notice, and for any reason or no reason. You agree not to disclose or transfer your use of such access code to any third party. You are fully responsible for all interactions with the App that occur in connection with your access code.

You agree to immediately notify us of any unauthorized use of your passwords, user names, access codes or any other breach of security related to your account, your user names, your access codes or the App, and to ensure that you “log off” and exit from your account with the App (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

  1. Rules of Conduct. While using the App you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. In addition, your use of the App is conditioned on your compliance with the rules of conduct set forth in this Section 3. Failure to comply with this Agreement and/or these rules of conduct (including without limitation your repeated engagement in copyright infringement through or in connection with the App) may result in termination of your access to the App pursuant to Section 15 below.

In addition to the prohibitions contained in Section 4, you agree not to:

  • Post, transmit, or otherwise make available through or in connection with the App:
    • Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right without the express written consent of the owner of such right.
    • Any virus, worm, Trojan horse, Easter egg, time bomb, malware, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
  • Use the App for any fraudulent, deceptive or unlawful purpose.
  • Interfere with or disrupt the operation of the App or the servers or networks used to make the App available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the App (including without limitation by hacking or defacing any portion of the App).
  • Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, the App or any portion thereof, including its content.
  • Remove any copyright, trademark or other proprietary rights notice from the App or from materials originating from the App.
  • Create a database by downloading and storing App content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather App content or reproduce or circumvent the navigational structure or presentation of the App without our express prior written consent.

Additionally, you acknowledge and agree that you (and not we) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto.

  1. Software License Grant; Restrictions on Use. The App is licensed, not sold, to end users. Subject to the terms and conditions of this Agreement, we hereby agree to permit you, on a non-exclusive, revocable, non-transferable, non-sublicensable, limited basis, to install the App on a single mobile device that you own or control (the “Mobile Device”); provided that your installation and use of the App are solely (a) for your personal use and/or the commercial purposes of your then-current employer, if applicable; and (b) in accordance with each of the restrictions and limitations set forth in this Agreement. If you fail to comply with any of the terms or conditions set forth in this Agreement, this Agreement (including the grant of permission to use the App hereunder) will automatically terminate, whereupon you will immediately (y) cease using the App; and (z) remove (i.e., uninstall and delete) the App from your Mobile Device. You are solely responsible for any violation of any applicable laws that results from your failure to abide by the terms of this Agreement.

Without limiting the generality of the foregoing paragraph, you shall not (i) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer the App or any portion thereof, including its content (including as a standalone product or in conjunction with other products); (ii) make copies of the App or any portion thereof, including its content (except as necessary to install and use the App in accordance with this Agreement); (iii) reverse engineer, decompile or disassemble any portion of the App; (iv) create derivative works of or from the App or any portion thereof, including its content; (v) incorporate the App or any portion thereof, including its content, into any product or service; (vi) use the App or any portion thereof, including its content, for commercial purposes, except as expressly permitted herein; and (vii) remove, alter or obscure any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels that appear in the App. All rights not expressly granted to you hereunder are reserved to us and our licensors.

  1. Our Proprietary Rights. We, our affiliates, and/or our licensors and suppliers own the App and the information and materials made available on or through the App. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on all or any part of the App or any information or materials made available through the App.

We and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the App, including without limitation SPRINGSHOT and all associated logos. All trademarks and service marks on the App not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained herein or on the App should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF THE APP (INCLUDING WITHOUT LIMITATION ANY SOFTWARE USED TO MAKE THE APP AVAILABLE) MAY SUBJECT YOU TO MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

  1. Intended Audience. The App is made available from the United States, and the App is not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the App are presented solely for the purpose of providing services and promoting products available in the United States. We make no, and hereby disclaim any, representations or warranties that the App, in whole or in part, or any products, services, or materials made available through the App, are appropriate or available for use in other locations. Those who choose to access the App from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable. We may limit the App’s availability, in whole or in part, to any person(s), geographic area(s) or jurisdiction(s) we choose, at any time and in our sole discretion. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  2. Third Party Content. The App may incorporate certain functionality that allows, via any online, mobile or wireless system or network with which the App interacts, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such App functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. You agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the App at any time. Your access to or receipt of Third Party Content via the App does not imply our endorsement of, or our affiliation with any provider of, such Third Party Content. Further, your use of Third Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third Party Content). This Agreement does not create any legal relationship between you and the providers of such Third Party Content with respect to such Third Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by us, or any of our affiliates, or our or their respective directors, officers, employees, agents, representatives, licensors or providers with respect to any Third Party Content.
  3. Profiles and Forums. We may provide you with the ability to post certain information and materials on your “profile page” (your “Profile”). Further, we and/or our service providers may make available through the App services (for example, message boards, forums, blogs, chat functionality, messaging functionality and comment functionality on the App, among other services) to which you are able to post information and materials (each, a “Forum“).

Information contained in the Profiles and Forums may be provided by employees of Springshot or its customers, as well as by users of the App and other third parties. Please note that messages or statements in the Profiles and Forums may be inaccurate, misleading or deceptive. Neither we nor our affiliates or customers endorse nor are responsible for any opinion, advice, information or statements made in the Profiles and Forums by third parties. Without limitation, neither we nor our affiliates or customers are responsible for any information or materials made available through the Profiles and Forums (including without limitation errors or omissions in Profiles and Forum postings or links or images embedded in a Profile or in Forum messages) or results obtained by using any such information or materials. Under no circumstances will we or our affiliates or customers, or our or their respective directors, officers, employees, agents, representatives, licensors or providers be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Profiles and Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Springshot or its affiliates or customers.

In addition, we and our affiliates and customers shall have no liability for any damages resulting from the use (including without limitation the republication) or misuse by any third party of information voluntarily made public through a Profile or a Forum or any other part of the App. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A PROFILE OR A FORUM OR OTHERWISE ON THE APP, YOU DO SO AT YOUR OWN RISK.

  1. Submissions. You hereby grant to Springshot a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform any information, content and/or materials you submit through or in connection with the App (each, a “Submission”), in any media now known or hereafter developed.

This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicenseable through multiple tiers (so that we can use our service providers and subcontractors).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section 9, and that such Submission, and your provision thereof to and through the App, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. For purposes of clarity, you retain all other intellectual property rights that you may have in your Submissions.

  1. Data and Monitoring. You acknowledge and agree that, subject to our Privacy Policy, (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions and other information provided in or resulting from use of the App (collectively, “User Data”) and all other use of the App; (ii) alter, remove, or refuse to post or allow to be posted any User Data; and/or (iii) disclose any User Data (and the circumstances surrounding their transmission) and any information regarding your use of the App to any third party (including our customers) in order to operate the App; to protect Springshot, its affiliates, customers and its and their respective shareholders, directors, officers, employees, agents, representatives, licensors, suppliers and service providers, and the App’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.  Springshot will also have the right, subject to our Privacy Policy, to extract, compile, synthesize, analyze, use and disclose any User Data (by itself or together with data and information of others) for the purpose of operating the App, improving, enhancing and modifying our services and products (including the App), developing new services or products, and/or any other lawful business purpose without further disclosure or accounting to you.
  2. Links to or From Other Sites. The App may provide links to or feeds from websites and other online resources. Except as otherwise expressly stated by us on the App, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the App. We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the App. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the App, because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

We shall have the right, at any time and at its sole discretion, to block links to the App through technological or other means without prior notice.

  1. Disclaimer. THE APP AND ALL GOODS, SERVICES, PRODUCTS, THIRD PARTY CONTENT (AS DEFINED IN SECTION 7), INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE APP ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE, OUR AFFILIATES AND CUSTOMERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS DISCLAIM ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, OUR AFFILIATES AND CUSTOMERS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY THAT THE APP OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE APP WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. ANY RELIANCE ON OR USE OF THE APP OR ANY GOODS, SERVICES, PRODUCTS, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE APP SHALL BE AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES AND CUSTOMERS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE APP WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE APP OR THE SERVERS OR NETWORKS THROUGH WHICH THE APP ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL HAVE NO OBLIGATION TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE APP.

Applicable law may not allow for limitations of certain implied warranties; solely to the extent that such law applies to you, some or all of the above limitations or disclaimers may not apply to you, and you may have additional rights.

  1. Limitation of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES OR CUSTOMERS, OR ANY OF OURS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APP, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE APP (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR USE OR RECEIPT OF ANY THIRD PARTY APPLICATIONS OR THIRD PARTY CONTENT), OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER WE NOR OUR AFFILIATES OR CUSTOMERS ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NEITHER WE NOR OUR AFFILIATES OR CUSTOMERS ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE APP, OR YOUR USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE APP.

Applicable law may not allow for exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights. For example, in some jurisdictions, an application provider may not exclude or limit liability for personal injury or death directly resulting from the use of such provider’s application or such provider’s negligence.

  1. Indemnification. You will defend, indemnify and hold harmless Springshot, its affiliates and customers, and its and their respective directors, officers, employees, agents, representatives, licensors or providers from and against any and all allegations, claims, actions, demands, causes of action and other proceedings (“Claims”) arising from or related to any of the following: (a) your use of, inability to use, or activities in connection with the App; (b) any violation of this Agreement or any other Springshot terms, conditions or policies by you; or (c) your violation of any rights of any App user, customer or other third party; and you agree to reimburse Springshot, its affiliates and customers, and its and their respective directors, officers, employees, agents, representatives, licensors or providers on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any such Claim(s).
  2. Termination and Enforcement. This Agreement is effective until terminated. You agree that we, at our sole discretion, may suspend, restrict or terminate your access to or use of the App, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement (including without limitation your failure to comply with the rules of conduct set forth in Section 3 above and the software licensing restrictions set forth in Section 4 above), subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to use the App will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the App may be effected without prior notice and that we may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any suspension, restriction or termination of your access to the App or to any such information or files, and shall not be required to make such information or files available to you after any such termination, suspension or restriction. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the App and/or a third party claim that your use of the App is unlawful or violates such third party’s rights). Sections 5–20 of this Agreement shall survive any expiration or termination of this Agreement.
  3. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials made available on or accessible through the App infringe your copyright, you (or your agent) may send us a notice requesting that we remove or block the materials or disable access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to Springshot Customer Service, 625 2nd Street #280, San Francisco, CA 94107, or via email to support@springshot.com.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
  4. Governing Law; Dispute Resolution. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the App) is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in San Francisco, CA U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.
  5. Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the App, please feel free to contact us via e-mail at support@springshot.com. E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. You may also contact us by phone at (888) 481-9942, ext. 2 or by writing to us at Springshot Customer Service, 625 2nd Street #280, San Francisco, CA 94107. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  6. Miscellaneous. If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to the App, by email, or by regular mail, at our discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in this Agreement, express or implied, is intended to or shall confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.