1. Your Acceptance
Welcome to the Terms of Service for the Aloompa mobile application and website. This is an agreement (“Agreement”) between Aloompa, LLC (“Aloompa”), a Tennessee company, the owner and operator of www.Aloompa.com (the “Site ”), the Aloompa software and Aloompa mobile applications (collectively, known as the “Service”), and you (“you” or “your” or “user(s)”), a user of the Site and Service. Aloompa, LLC is located at 90 Oceanside Drive, Nashville, TN, 37204.
Throughout this document, the words “Aloompa,” “us,” “we,” and “our,” refer to our company, Aloompa, LLC. and our website, Aloompa.com, or our Service, Aloompa, as is appropriate in the context of the use of the words.
Our Service may allow you to upload photos, videos, location and other information and may allow you to chat or communicate in other ways with people through our Service. Your ability to submit or transmit any information through our Site or Service will be referred to as “content” throughout this Agreement.
2. Aloompa Description of Service
Aloompa is a mobile app maker that builds mobile apps for festivals and events. Our service allows users to connect with events, each other and artists through our mobile apps. Additionally, users may also chat and share photos, videos, location and other information with their friends and others through our apps. Although Aloompa is generally a free application, please be aware that your wireless carrier may charge for data services and text messaging, these charges are your sole responsibility.
3. Limited License and Use of Aloompa
In order for you to use our Service you will need to download the specific app created by us. Through this download Aloompa grants you a personal, limited, non-exclusive license to install and use the application for your non-commercial use on a single, authorized mobile device.
When downloading our app we may collect information such as your name, email, address, Unique Device ID, or IP address. Credit card information may also be collected if applicable. Additionally, we may allow you to login to our app using third party service providers such as Facebook or ask you for your email address or other pertinent information. We may use any information received from you to enhance your user experience to you or contact you in regards to any updates to our service. Additionally, when you download our app we may provide you access to chat services through GroupMe or additional services through other third party affiliates.
If you post or upload material to us or another person through our
Service, or otherwise make (or allow any third party to make) content
available through our Service, you are entirely responsible for the
content of, and any harm resulting from, that content. By using the
Service, you assume responsibility for your use of the Service and agree
not to use it in ways not explicitly authorized by Aloompa. You represent
and warrant that you own and control all of the rights to the content that
you share using the Service, or you otherwise have the right to post or
share the content on the Service; and represent and warrant that the use
and posting of the content you supply does not violate the Terms, will not
violate any rights of or cause injury to any person or entity, and will
not otherwise create any harm or liability of any type for us or for third
When using our Service, you are responsible for your use of Aloompa, and for any use of Aloompa made using your device. You also agree that your use of Aloompa is for personal non-commercial use. You agree not to access, copy, or otherwise use Aloompa, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Aloompa. You agree not to use Aloompa to:
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, or other rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
- violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
- send unwanted messages or any unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, bully or harm another individual;
- impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- violate any requirements, procedures, policies or regulations of networks connected to Aloompa;
- interfere with or disrupt Aloompa; or
- hack, spam or phish us or other users.
If you are discovered to be undertaking any of the aforementioned actions
your privileges to use our Service may at our discretion be terminated or
suspended. Generally, we will provide an explanation for any suspension or
termination of your use of any of our Services, but Aloompa reserves the
right to suspend or terminate any account at any time without notice or
4. Intellectual Property Rights
The design of the Aloompa Service along with Aloompa created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Aloompa, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Aloompa reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
When you send or post any content through Aloompa, you grant Aloompa and its affiliates, representatives and assigns a non-exclusive, fully-paid, perpetual, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through Aloompa or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote Aloompa.
You also hereby grant each user of the Aloompa Service a non-exclusive license to use your content submitted to Aloompa through the Service, email, and mobile phone and to display parts of your content as permitted through the functionality of the Service and under these Terms of Service. This foregoing license granted by you terminates once you remove or delete the content from the Aloompa Service.
We are not required to host, display, or distribute any content, and we may refuse to accept or transmit content, and may remove or delete content from Aloompa at any time.
By sending any content, you hereby represent and warrant that you own all rights to your content or, alternatively, that you have the right to give us the license described above. You also promise that you have paid and will pay in full all fees or other payments related to the use of your content. Finally, you promise that your content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You understand that when using the Aloompa Service you will be exposed to content from a variety of sources, and that Aloompa is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such contents, and that any such content is not the responsibility of Aloompa. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Aloompa with respect thereto, and agree to indemnify and hold Aloompa, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Representations and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless Aloompa LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Aloompa Site and Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Aloompa Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
8. Communications Decency Act
We respect the First Amendment and allow our Users to create content which is user-generated and to speak their mind. However, please be respectful and considerate of others. Since third parties independently upload their content to our Service, we are not liable for any defamatory content posted on our website if published by a third party. Although we may choose to edit or delete any clearly defamatory content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America.
If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the “SPEECH Act” as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States.
9. DMCA Notices
We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
- You must sign this notification and send it to our Copyright Agent firstname.lastname@example.org
10. COPPA Compliance
Aloompa and its Services may only be used by persons 13 years and older. Aloompa in no way targets children under the age of
13. If you are under 13 please stop using our site immediately and do not submit any information to us.
11. Choice of Law
This Agreement shall be governed by the laws in force in the Tennessee. The offer and acceptance of this contract is deemed to have occurred in the Tennessee.
12. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Nashville, Tennessee.
If you bring a dispute in a manner other than in accordance with this
section, you agree that we may move to have it dismissed, and that you
will be responsible for our reasonable attorneys’ fees, court costs, and
disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
13. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Aloompa shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
16. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to Aloompa. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
19. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Aloompa must be addressed to our agent for notice and sent via certified mail to: Tyler Seymour, Aloompa, LLC, 90 Oceanside Drive, Nashville, TN, 37204.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.