Welcome to the Shuggr mobile device application (“Shuggr App”). The Shuggr App is provided by a legal entity (“Shuggr Team”) which provides a range of applications and services, web site and applications and services for third-party applications and services (collectively, “Shuggr Services”). By using Shuggr Services, you agree to the following terms and conditions, policies and guidelines (collectively the “Agreement”) and you acknowledge that you have read, understood and bound to the Agreement including any future modifications to it without limitation. You can obtain a copy of this Agreement by mailing us at firstname.lastname@example.org.
You affirm and warrant that you are currently over the age of eighteen (18) years or twenty-one (21) years in places where eighteen (18) years is not the legal age of majority. You furthermore affirm and warrant that you are eligible to view and otherwise use the Shuggr Services. You furthermore affirm and warrant that you have reached adult status according to local laws at your place and that you are capable of lawfully entering into and performing all the obligations set forth in this Agreement.
The Shuggr Services, products, services, content, visual interfaces, graphics, design, information, software source code, including but not limited to, the Shuggr App and all other products and services provided as part of the Shuggr Services (collectively, the “Materials”) are owned and protected by copyrights, trademarks, service marks, patents, intellectual property rights and other proprietary rights and laws. All Materials of the Shuggr Services are owned by the Shuggr Team or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names displayed on the Shuggr Services are proprietary to the Shuggr Team or its affiliates and/or third party licensors. You agree not to modify, sell, license, distribute, copy, publicly perform or display, transmit, publish or create derivative works based on the Materials in whole or in part, except explicitly granted the right to do so in a written statement by the Shuggr Team.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED CONDUCT AND USES: (a) use the Shuggr Services or any information displayed within the Shuggr Services to stalk, harass, abuse, defame, threaten or defraud other users of the Shuggr Services, or collect, attempt to collect, or store location or personal information about them; (b) include offensive, disturbing or pornographic materials in your personal profile page; (c) use the Shuggr Services for any commercial or non-private use; (d) use the Shuggr Services for any illegal purpose, or in violation of any local or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control; (e) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Shuggr Services accounts of other users of the Shuggr Services; (f) make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Shuggr Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; (g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Shuggr Services, features that prevent or restrict use or copying of any content accessible through the Shuggr Services, or features that enforce limitations on use of the Shuggr Services; (h) intentionally interfere with or damage operation of the Shuggr Services or decrease the enjoyment of usage for other users of the Shuggr Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code; (i) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libellous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful; (j) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; (k) use the Shuggr Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; (l) use the Shuggr Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Shuggr Services could lead directly to death, personal injury, or severe physical or property damage; (m) attempt to gain unauthorised access to the Shuggr Services, or any part of it, other accounts, computer systems or networks connected to the Shuggr Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Shuggr Services or any activities conducted on the Shuggr Services; and (n) use any robot, spider, scraper or other automated means to access the Shuggr Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Shuggr Services or modify the Shuggr Services in any manner or form, nor to use modified versions of the Shuggr Services, including (without limitation) for the purpose of obtaining unauthorised access to the Shuggr Services.
(a) THE SHUGGR TEAM RESERVES THE RIGHT TO MONITOR THE SHUGGR SERVICES AND IT’S SYSTEMS OF YOUR SIGN-UP, INVITE-A-FRIEND ATTEMPTS, YOUR USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS OF THE SHUGGR SERVICES. (b) THE SHUGGR TEAM RESERVES THE RIGHT TO MONITOR ANY OF YOUR INFORMATION PUBLISHED ON THE SHUGGR SERVICES AND/OR TRANSMITTED TO OTHER USERS OF THE SHUGGR SERVICES. (c) THE SHUGGR TEAM RESERVES THE RIGHT TO DISABLE YOUR USE OF OR ACCESS TO THE SHUGGR SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OF THE SHUGGR SERVICES, FOR ANY REASON OR NO REASON AND WITH OR WITHOUT ANY NOTICE.
a) The Shuggr Services allow the submission of content and materials (such as locations, pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other users of the Shuggr Services ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm that: (I) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorise Shuggr to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Shuggr Services and this Agreement; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Shuggr Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions. (III) You understand that when using the Shuggr Services you will be exposed to User Submissions from a variety of sources, and that Shuggr is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 the Shuggr Team with respect thereto. (IV) The Shuggr Team assumes no responsibility whatsoever in connection with or arising from User Submissions. The Shuggr Team assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time the Shuggr Team chooses, in its sole discretion, to monitor User Submissions, the Shuggr Team nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, the Shuggr Team does not endorse and has no control over the content of User Submissions submitted by other users of the Shuggr Services. The Shuggr Team makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, the Shuggr Team reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time. (V) User Submissions are jointly owned by the user who submitted them and the Shuggr Team. User Submissions can not be shared, displayed or duplicated by any other party other than the submitted user. No third party is permitted to use these User Submissions without the written consent of both the submitting user and the Shuggr Team. (VI) You hereby grant, and you represent and warrant that you have the right to grant, to the Shuggr Team an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sub licenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to the Shuggr Team, in connection with a sale of the Shuggr Services or any assets of the Shuggr Team, the right to sell or transfer the User Submissions to a third party. You also hereby grant to the Shuggr Team, the right to use your User Submissions for marketing purposes of the Shuggr Services on third party marketing platforms and social media. (VII) If you provide the Shuggr Team any feedback or suggestions regarding the Shuggr Services you hereby assign to the Shuggr Team all rights in the feedback and agree that the Shuggr Team shall have the right to use such feedback and related information in any manner it deems appropriate, as non-confidential and non-proprietary.
To use the Shuggr Services you require a device that is compatible with the Shuggr Services. The Shuggr Team does not warrant that the Shuggr Services will be compatible with your mobile device. (a) The Shuggr Team hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled computer code copy of the Shuggr Services as follows: You may use the Shuggr Services for one Shuggr Services subscription account on multiple devices owned or leased solely by you, for your personal use. (b) YOU MAY NOT: (I) modify, disassemble, decompile or reverse engineer the Shuggr Services; (II) rent, lease, loan, resell, sublicense, distribute or otherwise transfer any part of the Shuggr Services to any third party or use the Shuggr Services to provide time sharing or similar services for any third party; (III) make any copies of any part of the Shuggr Services; (IV) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Shuggr Services, features that prevent or restrict use or copying of any content accessible through the Shuggr Services, or features that enforce limitations on use of the Shuggr Services; or (V) delete the copyright and other proprietary rights notices on the Shuggr Services. (c) You acknowledge that the Shuggr Team may from time to time issue upgraded versions of the Shuggr Services, and may automatically electronically upgrade the version of the Shuggr Services that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. (d) With respect to any open source or third-party code that may be incorporated in the Shuggr Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. (e) The foregoing license grant under this Agreement is not a sale of the Shuggr Services or any copy thereof and the Shuggr Team or its third party partners or suppliers retain all right, title, and interest in the Shuggr Services and any copy thereof. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Shuggr Team reserves all rights not expressly granted under this Agreement. (f) The Shuggr Services may consist of and display trademarks, service marks or otherwise protected content, owned by the Shuggr Team. No use of such protected content shall be permitted except through the prior written authorisation and permission of the Shuggr Team. All rights reserved. (b) The Shuggr Services may be subject to the import and export laws various countries. You agree to comply with all such local and foreign laws related to use of the Shuggr Services.
(a) The Shuggr Services may include links to other web sites or services solely as a convenience to users of the Shuggr Services. The Shuggr Team does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, the Shuggr Team makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk. (b) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Shuggr Services are solely between you and such advertiser. You agree that the Shuggr Team shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Shuggr Services. (c) Parties other than the Shuggr Team may provide services or sell products via the Shuggr Services. The Shuggr Team is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or the content of their product and service offerings. The Shuggr Team does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
You agree that the Shuggr Team may terminate any account or subscription or any part thereof you have with the Shuggr Services or use of the Shuggr Services and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to the Shuggr Services or any account you may have or portion thereof may be effected without prior notice, and you agree that the Shuggr Team will not be liable to you or any third-party for any such termination. The Shuggr Team does not permit copyright infringing activities on the Shuggr Services, and reserves the right to terminate access to the Shuggr Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Shuggr Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Shuggr Team may have at law or in equity.
(a) THE SHUGGR SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SHUGGR SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE SHUGGR TEAM, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. (b) THE SHUGGR TEAM AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SHUGGR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SHUGGR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (c) THE SHUGGR TEAM, AND ITS SUPPLIERS AND PARTNERS, INCLUDING WITHOUT LIMITATION THE SHUGGR TEAM’S THIRD-PARTY WIRELESS CARRIER PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE SHUGGR SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT THE SHUGGR TEAM OR ITS SUPPLIERS OR PARTNERS, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SHUGGR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SHUGGR SERVICES AT YOUR OWN DISCRETION AND RISK.
You agree to indemnify and hold the Shuggr Team, its affiliated companies, officers, directors, employees, suppliers, agents, and partners harmless from and against any claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, arising out of or related to (a) your use or misuse of any location information or the Shuggr Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the Shuggr Services to meet other users of the Shuggr Services in-person or to locate and attend any offline place or event. The Shuggr Team reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. The Shuggr Team will provide prompt notice of any such claim, suit or proceedings to you.
(a) YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL THE SHUGGR TEAM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, DIRECTORS OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (I) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (II) YOUR USE OR INABILITY TO USE THE SHUGGR SERVICES; (III) THE SHUGGR SERVICES GENERALLY OR ANY PART THEREOF OR SYSTEMS THAT MAKE THE SHUGGR SERVICES AVAILABLE; OR (IV) ANY OTHER INTERACTIONS WITH THE SHUGGR TEAM OR ANY OTHER USER OF THE SHUGGR SERVICES, EVEN IF THE SHUGGR TEAM OR AN AUTHORISED REPRESENTATIVE OF THE SHUGGR TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) IN NO CIRCUMSTANCES SHALL THE SHUGGR TEAM’S OR ITS AFFILIATES, CONTRACTORS’, EMPLOYEES’, AGENTS’, DIRECTORS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SHUGGR SERVICES, WHETHER IN CONTRACT, TORT INCLUDING WITHOUT LIMITATION NEGLIGENCE, WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE SHUGGR SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR TEN (10) EUROS, WHICHEVER IS GREATER. (c) THE LIMITATIONS OF LIABILITY SET FORTH IN THIS PROVISION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN THE SHUGGR TEAM AND RECEIVED THROUGH OR ADVERTISED ON THE SHUGGR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SHUGGR SERVICES. (d) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT THE SHUGGR TEAM’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(a) The terms and conditions as set out herein and any dispute or matter arising from or incidental to the use of the Shuggr Services shall be governed by and construed in accordance with the laws of Austria, without regard to any conflicts of laws principles. Both you and the Shuggr Team shall submit to the exclusive jurisdiction of the courts of Austria. (b) Any dispute or claim between you and the Shuggr Team regarding the Shuggr Services must be settled by arbitration utilising the dispute resolution procedures of Austria.
(a) If any provision or any part of a provision of this Agreement shall be invalid or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. (b) A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. (c) The Shuggr Team may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Shuggr Services. (d) This Agreement and related policies and guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by the Shuggr Team without restriction. (e) Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Shuggr Services. (f) The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between the parties with respect to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by the Shuggr Team. (g) The following additional terms and conditions apply to you if you are using or have obtained or downloaded the Shuggr App or any part of the Shuggr Services through a third party software distribution platform (“App Store”) and not directly through a distribution channel that is owned and fully controlled by the Shuggr Team. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of such App Store, the more restrictive or conflicting terms and conditions apply, but solely with respect to the specific applications obtained or downloaded through such App Store. (h) You acknowledge that this Agreement is concluded between the Shuggr Team and you only, and not with the owner or any business partner of an App Store. (i) YOU AND THE SHUGGR TEAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHUGGR SERVICES MUST COMMENCE WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. (j) The services hereunder are offered by the Shuggr Team, Vienna, Austria; general inquiries at, email@example.com.
Effective Date, Dec 17, 2016.