END USER LICENSE AGREEMENT
Date of Last Revision: June 11, 2014
All questions or comments about the Application or the Sites should be directed to email@example.com.
2. Consent to Use of Data and Mobile Communications
You consent to our communicating with you about the Application, the Sites, or in connection with the features, functions and activities contained therein, by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
The Application, the Sites and all content and other materials contained therein, including, without limitation, the Vroom logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Vroom Materials") are the proprietary property of Vroom or its licensors or users and are protected by U.S. and international copyright laws.
4. End User License
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Vroom has adopted a policy of terminating, in appropriate circumstances and at Vroom's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Vroom may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Nicole DeCario
Full Address of Designated Agent to Which Notification Should be Sent:
Bezos Family Foundation
1700 7th Avenue, Suite 116/#149
Seattle, WA 98101
Telephone Number of Designated Agent: 206-275-2048
Facsimile Number of Designated Agent: (206) 275-0935
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
VROOM, the Vroom logos and any other Vroom product or service name or slogan contained in the Application or the Sites are trademarks of Vroom, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Vroom or the applicable trademark holder. In addition, the look and feel of the Application and the Sites is the service mark, trademark and/or trade dress of Vroom and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Vroom names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
8. Third Party Sites and Services; Third Party Materials.
The Application and the Sites may provide links to third party websites, applications, mobile services or other third party products or services ("Third Party Products and Services") and may also display, link to or otherwise make available third party content, data, information, events, advertising, applications or materials ("Third Party Materials"). Vroom does not endorse or control and makes no representations or warranties of any kind regarding any Third Party Products and Services or Third Party Materials, including regarding the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, or any other aspect thereof. Your business dealings or correspondence with any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. If you access or use any third party web site, you should be aware that Vroom's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party web site to which you navigate from the Application.
9. User Content and Conduct
Users are solely responsible for all photographs, messages, comments and other content ("User Content") they create, post or transmit using the Application or the Sites, or that are posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. If you create, post or transmit User Content of any kind in connection with the Application and the Sites, you agree that such User Content will not infringe or violate the rights of any third party, will not violate any applicable law, rule or regulation, and will not be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable or contain any viruses, corrupted data or other harmful, disruptive or destructive files. You further agree that Vroom is not in any way responsible for the conduct or content of other users that you may encounter, and you agree not to use the Application or the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Application of the Sites or that could damage, disable, overburden or impair the functioning of the Application or the Sites in any manner. Enforcement of these user content and conduct rules is solely at Vroom's discretion, and these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Application will not contain any content or conduct that is prohibited by such rules. Although Vroom has no obligation to do so, it has absolute discretion to remove, screen or edit any User Content posted or stored on the Application or the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you create, post or store on the Site at your sole cost and expense.
10. Registration Data; Account Security
In consideration of your use of the Application and the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Vroom, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Vroom.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY VROOM, THE APPLICATION, THE SITES, THE VROOM MATERIALS AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VROOM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE APPLICATIONS, THE SITES AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. VROOM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VROOM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Vroom reserves the right to change any and all content contained in the Application or the Sites and to modify, suspend or discontinue the Application, the Sites or any features or functionality thereof at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Vroom.
13. Limitation of Liability
14. Applicable Law and Venue
17. Questions & Contact Information
Questions or comments about the Site may be directed to Vroom at the email address email@example.com.
18. Additional Terms Applicable To Iphone, Ipod Touch Or Ipad Applications
b. Scope of License: The license granted to you is limited to a non-transferable license to use the Application on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
c. Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
e. Product Claims: The parties acknowledge that as between Apple and Vroom, Vroom, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
g. Legal Compliance: 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.
h. Developer Name and Address: Any end-user questions, complaints or claims with respect to the Application should be directed to:
Bezos Family Foundation
1700 7th Avenue, Suite 116/#149
Seattle, WA 98101