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Yourney is licensed to You (End-User) by YOURNEY LLC , located
and registered at 8605 Santa Monica Blvd, PMB 147686 ,
West Hollywood ,
California
90069-4109
, United States
( "Licensor" ), for use only under the terms of
this License Agreement.
This License Agreement may not
provide for usage rules for the Licensed Application that are in
conflict with the latest
Apple
Media Services Terms and Conditions
and
Google
Play Terms of Service
( "Usage Rules" ).
YOURNEY LLC acknowledges that it had the
opportunity to review the Usage Rules and this License Agreement is not
conflicting with them.
Yourney
when
purchased or downloaded through the Services, is licensed to You for
use only under the terms of this
License Agreement. The
Licensor reserves all rights not expressly granted to You. Yourney is to be used on devices that
operate with Apple's operating
systems ( "iOS" and "Mac OS" )
or
Google's operating system ( "Android" ) .
Yourney
( "Licensed
Application" ) is a
piece of software created to Yourney was created to
support women through all stages of motherhood by providing tools, guidance,
and curated resources in a single, easy-to-use mobile application. —
and customized for
iOS
and
Android mobile devices ( "Devices" ). It is used to The Application’s main use is to help users track,
organize, and navigate their motherhood journey through personalized tools,
checklists, and content. .
2.1 You
are given a non-transferable,
non-exclusive, non-sublicensable
license
to install and use the Licensed
Application on any Devices that You
(End-User) own or control and as
permitted by the Usage Rules, with the
exception that such Licensed Application
may be accessed and used by other
accounts associated with You (End-User,
The Purchaser) via Family Sharing or
volume purchasing.
3.
1
Licensor attempts to keep the Licensed
Application updated so that it complies
with modified/new versions of the
firmware and new hardware. You are not
granted rights to claim such an
update.
3.
2 You
acknowledge that it is Your
responsibility to confirm and determine
that the app end-user device on which
You intend to use the Licensed
Application satisfies the technical
specifications mentioned above.
3.
3
Licensor reserves the right to modify
the technical specifications as it sees
appropriate at any time.
4.2
YOURNEY LLC
and the
End-User acknowledge that the
Services have no obligation
whatsoever to furnish any
maintenance and support services
with respect to the Licensed
Application.
You
acknowledge that Licensor will be able
to access and adjust Your downloaded
Licensed Application content and Your
personal information, and that
Licensor's use of such material and
information is subject to Your legal
agreements with Licensor and Licensor's
privacy policy ,
which can be found at the bottom of the
Licensed Application
.
The
Licensed Application may invite you to
chat, contribute to, or participate in
blogs, message boards, online forums,
and other functionality, and may provide
you with the opportunity to create,
submit, post, display, transmit,
perform, publish, distribute, or
broadcast content and materials to us or
in the Licensed Application, including
but not limited to text, writings,
video, audio, photographs, graphics,
comments, suggestions, or personal
information or other material
(collectively,
"Contributions"
). Contributions may be viewable
by other users of the Licensed
Application and through third-party
websites or applications. As such, any
Contributions you transmit may be
treated as non-confidential and
non-proprietary. When you create or make
available any Contributions, you thereby
represent and warrant that:
7. CONTRIBUTION
8 .1
Licensor's responsibility in the case
of violation of obligations and tort
shall be limited to intent and gross
negligence. Only in case of a breach of
essential contractual duties (cardinal
obligations), Licensor shall also be
liable in case of slight negligence. In
any case, liability shall be limited to
the foreseeable, contractually typical
damages. The limitation mentioned above
does not apply to injuries to life,
limb, or health.
8 .2
Licensor takes no accountability or
responsibility for any damages caused
due to a breach of duties according to
Section 2 of this
License
Agreement. To avoid data loss,
You are required to make use of backup
functions of the Licensed Application to
the extent allowed by applicable
third-party terms and conditions of use.
You are aware that in case of
alterations or manipulations of the
Licensed Application, You will not have
access to the Licensed Application.
9 .1 Licensor
warrants that the Licensed Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants
that the Licensed Application works as described in the user documentation.
9 .2 No warranty is
provided for the Licensed Application that is
not executable on the device, that has been unauthorizedly
modified, handled inappropriately or culpably,
combined or installed with inappropriate
hardware or software, used with inappropriate
accessories, regardless if by Yourself or by
third parties, or if there are any other reasons
outside of YOURNEY LLC
's sphere of influence that affect the
executability of the Licensed Application.
9 .3 You are
required to inspect the Licensed Application
immediately after installing it and notify YOURNEY LLC about
issues discovered without delay by email
provided in
Contact
Information
. The defect
report will be taken into consideration and
further investigated if it has been emailed
within a period of thirty
(30) days after discovery.
9 .4 If we confirm
that the Licensed Application is defective, YOURNEY LLC reserves
a choice to remedy the situation either by means
of solving the defect or substitute delivery.
9 .5
In the
event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and
Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages,
liabilities, expenses, and costs attributable to any negligence to
adhere to any warranty.
9 .6
If the
user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are
consumers.
YOURNEY LLC and
the End-User acknowledge that YOURNEY LLC , and
not the Services, is responsible for addressing any claims of the End-User or any
third party relating to the Licensed Application or the End-User’s possession and/or
use of that Licensed Application, including, but not limited to:
Alba Prado
8605 Santa Monica Blvd, PMB 147686
West Hollywood ,
CA
90069-4109
United States
YOURNEY LLC represents and warrants that YOURNEY LLC will comply with applicable third-party terms of
agreement when using Licensed Application.
YOURNEY LLC and the End-User acknowledge that, in the event
of any third-party claim that the Licensed Application or the End-User's possession and
use of that Licensed Application infringes on the third party's intellectual property
rights, YOURNEY LLC , and not the Services, will be solely
responsible for the investigation, defense , settlement, and discharge or any such
intellectual property infringement claims.
17
.1
If
any of the terms of this agreement should be or become invalid, the
validity of the remaining provisions shall not be affected. Invalid
terms will be replaced by valid ones formulated in a way that will
achieve the primary purpose.
17
.2
Collateral
agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.
17
.3
Community
Content
&
Non-Medical
Disclaimer
The
Application
may
allow
users
to
create,
upload,
and
share
content,
including
but
not
limited
to
text,
images,
and
other
materials.
Such
content
is
provided
by
users
and
does
not
reflect
the
views,
opinions,
or
recommendations
of
the
Company.
The
Company
does
not
review
all
user-generated
content
and
is
not
responsible
for
its
accuracy,
reliability,
or
appropriateness.
The
content
available
on
the
Application,
including
user-generated
content,
is
for
informational
and
general
support
purposes
only
and
does
not
constitute
medical,
health,
or
professional
advice.
Users
should
not
rely
on
the
Application
as
a
substitute
for
professional
medical
advice,
diagnosis,
or
treatment,
and
should
always
consult
a
qualified
healthcare
provider
with
any
questions
regarding
their
health
or
pregnancy.
The
Company
reserves
the
right,
but
not
the
obligation,
to
remove
or
restrict
access
to
any
user-generated
content
that
violates
these
terms
or
is
deemed
inappropriate
at
its
sole
discretion.
By downloading the Licensed Application from Apple's software
distribution platform ( "App Store" )
and
Google's software distribution platform ( "Play Store" ) , and any update thereto (as
permitted by this License Agreement), You indicate that You
agree to be bound by all of the terms and conditions of this License Agreement, and that You accept
this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the
Services are not a Party to this License Agreement and are not bound by any
provisions or obligations with regard to the Licensed Application, such as
warranty, liability, maintenance and support thereof.
YOURNEY LLC , not the Services, is solely responsible for the Licensed
Application and the content thereof.
TABLE OF CONTENTS
Furthermore, it is used to
Create and manage a personal account.
, Access stage-based tools such as trackers, calendars, and checklists.
, Receive recommendations for relevant products and resources.
, Engage with content, including community-generated posts, memes, and
affirmations.
, Sign up and log in using third-party providers such as Apple and Google.
and Receive notifications related to their activity and updates within the
Application.
.
The Licensed Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may not use this Licensed
Application. You may not use the Licensed Application in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2
.
2 This
license
will also govern any updates of
the Licensed Application provided by
Licensor that replace, repair, and/or
supplement the first Licensed
Application, unless a separate
license
is provided for such update, in
which case the terms of that new
license
will govern.
2
.
3
You may not share or make the Licensed
Application available to third parties
(unless to the degree allowed by the Usage
Rules, and with
YOURNEY LLC 's prior written
consent), sell, rent, lend, lease or
otherwise redistribute the Licensed
Application.
2
.
4 You
may not reverse engineer, translate,
disassemble, integrate, decompile,
remove, modify, combine, create
derivative works or updates of, adapt,
or attempt to derive the source code of
the Licensed Application, or any part
thereof (except with YOURNEY LLC 's
prior written consent).
2
.
5 You
may not copy (excluding when expressly
authorized
by this
license
and the Usage Rules) or alter the
Licensed Application or portions
thereof. You may create and store copies
only on devices that You own or control
for backup keeping under the terms of
this
license
, the Usage Rules, and any other
terms and conditions that apply to the
device or software used. You may not
remove any intellectual property
notices. You acknowledge that no
unauthorized
third parties may gain access to
these copies at any time. If you sell
your Devices to a third party, you must
remove the Licensed Application from the
Devices before doing so.
2
.
6
Violations of the obligations mentioned
above, as well as the attempt of such
infringement, may be subject to
prosecution and damages.
2
.
7
Licensor reserves the right to modify
the terms and conditions of
licensing.
2
.
8
Nothing in this
license
should be interpreted to restrict
third-party terms. When using the
Licensed Application, You must ensure
that You comply with applicable
third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and support
services for this Licensed Application. You can reach the Licensor at the email
address listed in the App Store
or
Play Store Overview for this Licensed
Application.
5. USE OF DATA
You acknowledge that the Licensor may periodically
collect and use technical data and related information about your device,
system, and application software, and peripherals, offer product support,
facilitate the software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to
you, as long as it is in a form that does not personally identify
you.
6. USER-GENERATED CONTRIBUTIONS
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You
are the creator and owner of or have the necessary
licenses , rights, consents,
releases, and permissions to use and to
authorize us, the Licensed
Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this
License Agreement.
3. You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
or each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Licensed Application
and this License Agreement.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or
unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous , slanderous, or otherwise
objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third
party.
11. Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
13. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable law
or regulation.
Any use of the Licensed Application in violation of the
foregoing violates this License Agreement and may result in, among
other things, termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the
Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any of your
social networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store, cache,
publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image and
voice) for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your Contributions
provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in
more appropriate locations in the Licensed Application; and (3) to prescreen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
(i) product liability claims;
(ii) any claim that the Licensed Application fails to
conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy,
or similar legislation , including in connection with Your Licensed
Application’s use of the HealthKit and HomeKit
.
11. LEGAL COMPLIANCE
You
represent and warrant that You are not located in a country that is
subject to a US Government embargo, or that has been designated by the
US Government as a "terrorist
supporting" country; and
that You are not listed on any US Government list of prohibited or
restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
13. TERMINATION
The license is valid until terminated by
YOURNEY LLC or by You. Your rights under this
license will terminate automatically
and without notice from YOURNEY LLC if You fail
to adhere to any term(s) of this license
. Upon License termination, You shall stop
all use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's
End-User License Agreement,"
both Apple and Google and their subsidiaries shall be third-party beneficiaries of
this End User License Agreement and — upon Your acceptance of
the terms and conditions of this License Agreement,
both Apple and Google will have the right (and
will be deemed to have accepted the right) to enforce this End User License
Agreement against You as a third-party beneficiary thereof.
This License Agreement is governed by the laws of
the State of California
excluding its conflicts of law rules.