theLogue’s Terms of Service: Effective July 1, 2015
Welcome to theLogue!
THELOGUE® (“theLogue”)is a mobile application and online website provided by Clear C2, Inc. The following terms and conditions (“Terms”) govern your use of theLogue.com, dashboard.thelogue.com, reviews.thelogue.com, and any thelogue.com website(the “Websites”) and our mobile applications (collectively the “Services”) including any products or content therein. This is a legal agreement between you and Clear C2, Inc. and applies to you whether you are a registered user of the Services (“User”) or a non-registered user(collectively “Users”). Clear C2, Inc., Clear C2, THELOGUE®, theLogue, or the informal ‘We’ or ‘Us’, as applicable in this agreement, will all refer to THELOGUE® (“theLogue”).
1. User Contributions. Any images, text, data, and receipts a User adds while using the Services is the property of the User and will be referred to as (“User Contributions”). Reviews, once submitted, become the property of theLogue. You retain your rights and ownership to any User Contributions excluding Reviews. You are free to delete User Contributions at any time. Reviews will be removed, if requested, from our servers within a commercially reasonable period.
2. License Grant. Subject to your agreement and compliance with these Terms, theLogue grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to access and use the Services. We reserve the right to modify or terminate your access to the Services for any reason, without notice, and without liability to you. You grant theLogue a transferable, non-exclusive, royalty-free, license to use, share, modify, and distribute your User Contributions on theLogue for the purposes of providing additional Service(s) to you and to other Users. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to theLogue.
4. Your Obligations in Using the Services. The Services may be used and accessed for lawful and non-commercial purposes only. You agree to abide by all applicable local, state, national and foreign laws when using the Services. By using the Services you agree not to add material that is unlawful, defamatory, offensive, abusive, pornographic, harassing, racially or ethnically offensive, infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. We reserve the right to block, remove, or require you to change your User Contributions at any time and for any reason. By using the Services you agree not to interfere with security related features of the Services. You agree not to email or upload unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation. You agree not to email or upload User Contributions or materials that contain viruses, executable computer code, altered browser code, or any programs designed to destroy data or programs, gain access to secure data, or interfere with the functions of theLogue computer systems and network. You agree not to attempt to disassemble or reverse engineer any of the software used to provide the Services. You agree not to impersonate other users, or attempt to use data about other Users without their permission.
5. Termination and Cancellation. We may immediately terminate or suspend your access to the Services and remove any material, including User Contributions, from the Services, in the event that you breach this agreement of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access to the Services at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by this agreement of Service will immediately cease. theLogue is not liable to you or any third party for termination of the Services or termination of your use of the Services. Upon Termination, any information related to your account will no longer be accessible. theLogue will have no obligation to maintain any information stored in theLogue database or systems. A User can cancel their access by using the “Delete Account” option on the Account page. Upon termination, the related Account will no longer be accessible. Any termination or cancellation will not affect your obligations to theLogue under this agreement of Service which obligations will survive the cancellation.
6. Content. Certain types of content are made available through the Service. “theLogue Content” as used in these Terms means, collectively, the text, data, graphics, images and photos made available through the Services, excluding User Contributions. theLogue may from time to time review User Contributions and theLogue Content. theLogue reserves the right to remove User Contributions or theLogue Content from the Service without notice. You represent that you have the right to add the User Contributions, and you represent what you add does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or infringes the rights of copyright holders.
7. Advertising and Other Content. theLogue may provide links to advertising and other content. You acknowledge that theLogue does not endorse the content of these links and is not liable for the accuracy of such websites and content. You acknowledge sole responsibility for and assume all risk arising from your use of any links provided.
8. Intellectual Property Rights. Intellectual Property Rights means all patent rights; copyright rights and all other intellectual property and proprietary rights as may now exist or come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights. All such rights, title, and interest in and to the Services and its trademarks, logos, and domain names (excluding User Contributions) are and will remain the property of theLogue. The Services and the software, database, and theLogue content used to provide the Services are protected by copyright, trademark, and other laws of the United States and in other foreign countries. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
9. Warranties Disclaimer. The Services, and any content are provided “AS IS” without warranties of any kind. theLogue disclaims any warranties for accuracy, purpose, security, errors, and availability of any kind related to providing the Services. theLogue does not warrant that the Services will be compatible with your mobile device, tablet, laptop, or desktop computer.
10. Limitation of Liability. In no event shall theLogue, Clear C2, Inc., its officers, agents, contractors, directors, and employees be liable to you or any third party for any special or punitive damages whatsoever, including monetary damages arising from your use of the Services. theLogue makes no representations that the Services are available to and appropriate to all Users and gives no warranty that the Services are fit for purpose.
11. Indemnification. You agree to indemnify and hold theLogue, Clear C2, Inc. its subsidiaries, and affiliates, its officers, agents, contractors, directors, and employees harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of your use of the Service.
12. Modification of the Services or Terms. theLogue reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Services, or modify this agreement without notice. All modified terms and conditions will be effective after they are made available on the Websites (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Services, and if applicable, delete your Account. By continuing to access or use the Services after theLogue makes any such modification, you agree to be bound by the revised Terms.
13. General. This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. Any dispute arising under this agreement, you agree to first contact theLogue and attempt to resolve the dispute informally. Any legal action or proceeding arising under this agreement will be brought exclusively in courts located in Dallas County and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. In the event that any provision in this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure to insist upon or enforce any right or provision of this agreement shall not be deemed as a waiver of any provision or right. You may not assign this agreement, any rights, and licenses granted within. These Terms and any rights may be assigned by theLogue without restriction. The relationship of the parties under this agreement is that of independent contractors, and this agreement will not be construed to imply that either party is the agent, employee, or joint venture of the other. You agree that this agreement is not intended to confer and do not confer any rights or remedies upon any person other than you and theLogue. This agreement together with the rules and policies of theLogue constitutes the entire agreement between theLogue and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by theLogue via email if you have provided an email address or by you via email to support@theLogue.com or to such other addresses as theLogue may specify.