TOVAPP END USER LICENSE AGREEMENT
This End User License Agreement (“License”) is a legal agreement between you and tovap (“tovapp”) and governs your use of the tovappTM application and any and all related documentation, updates, upgrades, replacements and supplements (collectively, the “Application”). The Application and all products transacted through the services provided through the Application are licensed, not sold, to you for use only under the terms of this License. By using the Application, you agree to the terms of this License and tovapp’s Privacy Policy and agree to be bound by them. tovapp reserves the right to modify the terms of this License and its Privacy Policy in its sole discretion, so please review those terms regularly. If tovapp makes any material changes to this License or its Privacy Policy, tovapp will notify you by means of a notice on tovapp’s website at https://tovapp.com. Your continued use of the Application will signify your acceptance of the changes to the terms of this License and the Privacy Policy.
Section 2 below governs the information and data collected from you through the Application and its registration process. If you do not agree to Section 2, do not register for or use this Application.
1. Our Services
Tovapp is dedicated to encouraging the growth, development and distribution of free content, and to hosting the full content of community-maintained product information for the public. Our role is to host largest collaboratively edited product reference material in the world, which can be found in our application. However, we act only as a hosting service, maintaining the infrastructure and organizational framework that allows our users to add tovapp products by contributing and editing content themselves. Because of our unique role, there are a couple of things you should be aware of when considering our relationship to you, the products, and the other users:
a. We do not take an editorial role: Because the tovapp products are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the tovapp products, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.
b. You are responsible for your own actions: You are legally responsible for your edits and contributions on tovapp, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the United States of America. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. Tovapp generally cannot offer any protection, guarantee, immunity or indemnification.
c. Zero tolerance for misuse: This application is intended for all ages. Intentionally adding inappropriate or otherwise erroneous content will result in your permanent banning from the app. A user will be banned immediately for submitting inappropriate content. Inappropriate content includes but is not limited to pornographic images, urls or text, obscene language in descriptions or comments, or fake products. Product submissions and their approvals must be verifiable and valid. Reviewers must report any inappropriate content or submissions to the tovapp team. The inappropriate content will be flagged for removal and any users posting OR approving inappropriate content will be banned from using the application.
2. Privacy Policy
We ask that you review the terms of our Privacy Policy, so that you are aware of how we collect and use your information.
3. Content We Host
a. You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
b. Our content is for general informational purposes only: Although we host a great deal of information that pertains to many products, this content is presented for general informational purposes only. It should not be taken as professional advice. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in one of the tovapp products.
4. Scope of License.
a. Grant. Through the use or download of the Application, you are acquiring, and tovapp grants you, a personal, limited, non-exclusive, non-sublicensable, non-assignable license to use the Application on a computer or mobile device in accordance with the terms and conditions of this License.
b. Restrictions. You may not use the Application for any purpose, or in any manner not specifically authorized by this License. You may not sell, market, lease, lend, loan, rent, transfer, redistribute, publish or sublicense the Application. You may not copy, decompile, reverse engineering, attempt to derive the source code, modify or create any derivative works of the Application. You may not remove, erase or alter any of tovapp’s trademarks, logos, copyright notices or other legal notices included in the Application.
c. Reservation of Rights. You acknowledge and agree that tovapp (or its licensors, as applicable) owns the Application and all rights, titles, and interests in and to all patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets relating to the design, manufacture, operation, or service of the Application and all derivatives, modifications, translations, or extensions thereof. You recognize that nothing contained in this License is intended to assign or grant to You any right, title or interest in or to the Application. Your use of the Application is authorized only for the purposes herein set forth. Your use of the Application shall cease immediately upon termination of this License for any reason. It is expressly understood that no title to or ownership of the Application, or any part thereof, is hereby transferred to you. All rights not expressly granted herein are reserved by tovapp.
d. Your Contributions. In exchange for use of the Application, to the extent you make any contributions in any form or format through your use of the Application, you hereby grant tovapp an exclusive, perpetual, irrevocable, fully transferable and assignable, fully sublicensable, worldwide right and license to use your contributions in any way and for any purpose in connection with the Application and related services including the rights to reproduce, copy, adapt, modify, change, revise, further develop, perform, display, publish, broadcast, transmit and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any and all moral rights you may have in such contributions with respect to tovapp use and further waive all rights in the contributions under the Visual Artists Rights Act.
e. Access. Use of the Application requires Internet access. You must provide at your own expense the computer, equipment, Internet connection, devices and/or service or wireless plan to access and use this Application. tovapp does not guarantee that the Application can be accessed on all computers, browsers, devices, Internet connections or wireless service plans. tovapp does not guarantee that the Application is available in all geographic locations. You acknowledge that when you use this Application via a smartphone or other wireless or cellular device, your wireless carrier may charge you fees for data, Internet usage, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. You are solely responsible for any costs you incur to access the Application from your computer and other device(s).
f. Use of the Application. By registering for and accessing the Application, you represent that you are at least thirteen (13) years old. Further, by registering for and accessing the Application, you represent that if you are under the age of majority in your jurisdiction of residence (i.e., if you are a minor) you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to this License. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE THE APPLICATION. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE (I.E., IF YOU ARE A MINOR), DO NOT USE THE APPLICATION WITHOUT CONSENT OF A PARENT OR LEGAL GUARDIAN. Tovapp reserves the right to terminate your access to the Application or your account for any reason, including if we have reasonable grounds to suspect that you have provided information that that is inaccurate. Additionally, any user name or login you use or create as part of the Application shall not violate any third party’s rights or be harassing, libelous, defamatory, abusive, tortious, threatening, harmful obscene, indecent, libelous, threatening, harassing, hateful, containing bigotry, racism or is otherwise objectionable. Tovapp, in its sole discretion, shall have the right to remove any username or login which it finds to be objectionable. Further, you agree not to engage in any activity that in any way disrupts, limits, destroys or manipulates any game, ranking, point generation, software, hardware, servers, networks, or other equipment.
5. Consent to Use of Data.
a. Personal Data. Through the Application and its registration process, we may collect information such as your email address, birthday and demographic information you may provide, either directly or through social media, such as Facebook.
b. Non-personal Data. To facilitate product support, development, improvement, and marketing campaigns, as well as the services provided to you, you acknowledge and agree that tovapp may collect information and data you input into the Application and may use cookies, web beacons, geo-location devices and other analytic technology to collect, use, store and transmit information and data relating to your use of the Application. Additionally, through the Application and its registration process, we may collect information via Facebook, Twitter and other social networking platforms, including but not limited to, user activities, user likes, user shares, user location, user events, friends’ activities, friends’ likes, friends’ locations, friends’ events, friend lists, check-ins and tweets.
a. Use of Data. You acknowledge and agree that tovapp may use personal and non-personal data and information to operate the Application and deliver the services. Tovapp will not sell, distribute or otherwise provide your email address to third parties. Tovapp may transfer or distribute personal and non-personal information in the aggregate by combining it with the information of other users to third parties. Such aggregated information may be distributed to analytics companies, advertisers, business partners, vendors, retailers and wholesalers. All such third parties further prohibited from further distributing your information to other parties.
6. Termination. This license is effective until terminated by tovapp or you. Your rights under this license will terminate automatically without notice if you fail to comply with any of the terms or conditions of this License. Upon termination, you shall cease all use of the Application and uninstall the Application from all computers and device(s) upon which it is installed. The following Sections shall survive termination of this License: Sections 1(b), 1(c), 1(d), 2(b), 3, 5, 6, 7, 12, 13, 14, 15, 16, 17 and 18.
7. Third Party Materials, Sites, Terms and Conditions.
a. Third-Party Materials and Sites. The Application may display, include or make available content, advertisements, data, information, applications and other materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites or applications. You acknowledge and agree that tovapp is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or third-party web sites or applications. tovapp does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or third-party web sites or applications, or for any other materials, products, or services of third parties.
b. Third Party Terms and Conditions. Your access and use of the Application and Third-Party Materials may be subject to certain third party terms and conditions and privacy policies, including but not limited to those of application stores, mobile software platforms and wireless carriers and providers. You acknowledge and agree that tovapp is not liable for any such third-party terms and conditions.
8. Disclaimer of Warranties. YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION AND ANY REFERENCED THIRD-PARTY MATERIALS, WEB SITES AND APPLICATIONS ARE PROVIDED TO YOU “AS IS” AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TOVAPP DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TOVAPP DOES NOT WARRANT THAT THE APPLICATION WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. ANY THIRD-PARTY MATERIALS OR WEB SITES TOVAPP PROVIDES ARE PROVIDED AS A CONVENIENCE TO YOU AND TOVAPP’S PROVISION OF THESE THIRD-PARTY MATERIALS OR WEB SITES DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TOVAPP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE APPLICATION OR THE MATERIAL PROVIDED THROUGH THE APPLICATION IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
9. Indemnification. You agree to indemnify and hold harmless tovapp and its directors, officers, affiliates, employees, agents, representatives, third party service providers, successors and assigns (each an “Indemnitee”) from and against any and all claims, damages, losses and expenses suffered or incurred by any such Indemnitee arising from, relating to or otherwise in respect of any loss, damage or to any person or property resulting from or relating to your use of the Application or breach of this License.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL TOVAPP BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, SUBSTITUTE GOODS OR SERVICES OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. FURTHERMORE, ANY OTHER DAMAGES RECOVERABLE BY YOU FROM TOVAPP SHALL IN NO CASE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
11. Registering and Logging In. In order to register for and log into the Application, you must have an existing account with tovapp. When logging into the Application, you will be prompted to provide your user email/phone number and password you use to log with. Tovapp is not responsible for any failure to log in due to any outage or interruption in service. During the registration process you agree to provide true, accurate, and complete information about yourself. You are solely and entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You are responsible for ensuring the accuracy of your account and are encouraged to check your account regularly.
12. E-Commerce and Payment Terms. You may purchase goods or services through the Application. You acknowledge that only an adult (18 years or older) can enter into and complete any such transaction. You acknowledge that all purchases are final. Tovapp may utilize third party service providers, such as Apple or Google to handle payment for purchases within the Application. All purchases made through these third party service providers are subject to their respective terms and conditions of use. Please review them carefully. Tovapp is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. Tovapp does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. Tovapp is not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third-party service provider. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities.
13. Export. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States or foreign law.
14. Injunctive Relief. You agree that a breach of this License will cause irreparable injury to tovapp for which monetary damages would not be an adequate remedy and tovapp shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, security or proof of damages.
15. Entire Agreement. This License constitutes the entire agreement between you and tovapp with respect to the Application and supersedes all prior negotiations, discussions or representations, whether written or oral.
16. Assignment. tovapp may assign this License without notice to you. You shall not assign this License without the prior written consent of tovapp. Such consent may be withheld at tovapp’s sold discretion.
17. Governing Law; Venue. This Agreement shall be construed in accordance with Missouri law without giving effect to the choice or conflicts of law provisions thereof. The parties agree that any legal proceedings which arise under this Agreement shall be brought in the 16th Circuit Court of Jackson County, Missouri, or, if applicable, the United States District Court for the Western District of Missouri.
18. Severability. If any provision of this License is held to be unenforceable in mediation or by a court of competent jurisdiction, the remaining provisions of this License will remain in effect, to be construed as if the unenforceable provision was originally deleted and to be further construed in such a manner as to give effect to the intent of the parties to the greatest extent possible.
19. Notices. If you have any questions or concerns regarding this License, you may contact tovapp at:
via email at: