Herd. It's nice to be right.
Terms of Service
Terms of Service
These Herd Terms of Use ("Terms of Use") constitute a legally binding agreement between you and Herd ("Herd," "we" or "us"), and governs your access to and use of the Herd website (http://GoHerd.app), and all related services (the App, the website and such services referred to collectively as "Services"). Please read these Terms of Use carefully. By accessing or using the Services, you agree to be legally bound by these Terms of Use. Your use of the Services is also subject to the terms of the Herd Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use the Services.
IMPORTANT NOTICE: THESE TERMS OF USE AND DISPUTES BETWEEN YOU AND HERD ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13 BELOW. PLEASE READ SECTION 13, AS IT AFFECTS YOUR LEGAL RIGHTS.
1. Additional Terms.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference, including without limitation any rules in Herd.
2. Eligibility.
You represent and warrant that you are an individual person at least 18 years of age as of the time of your use of the Services. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. Further, the Services are offered only for your use, and not for the use or benefit of any third party. You are not eligible for any contest we may offer through the Services (each a "Contest") if you violate any provision of these Terms of Use or Herd Official Rules, as determined in Herd' sole discretion.
3. Accounts.
3.1. To sign up for the Services, we may require you to register for an Account on the Services (an "Account"). You must provide truthful, accurate and complete information and keep your Account information updated. If Herd has reasonable grounds to suspect you have provided any information that is inaccurate, not current or incomplete, Herd may deny you access to the Services, Contests, areas requiring registration, disqualify you from Contests, revoke Contest prizes, and/or terminate your Account, at its sole discretion.
3.2. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene, as determined by Herd in its sole discretion. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may not use another person's Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), unauthorized disclosure of your login credentials, or unauthorized use of your Account. You may not publish your password or login credentials or share them with another person. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
3.3. We may take actions intended to prevent the App from becoming a source of crime or disorder, being associated with crime or disorder or being used to support crime. We may, but have no obligation to, investigate suspicious transactions or require additional information from you to verify your identity and eligibility to use the Services. If we deem it necessary, in our sole discretion, we may report suspicious transactions to the applicable governmental authorities. In the event of suspicious transactions or where we are unable to identify your identity, we may refuse to process any withdrawals, suspend or terminate your access to the Services and may disqualify you from current or future Contests.
3.4. You may establish, maintain, use and control only one Account. Each Account may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" Accounts. In the event Herd determines that you have opened, maintained, used or controlled more than one Account, in addition to any other rights that Herd may have, we reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Contest prizes.
3.5. Each year all winners of Contest prizes over the previous year may be required to provide updated address and social security (or other tax identification number) details to Herd. These details will be used to allow Herd to comply with tax regulations and may be shared with appropriate tax authorities. You, not Herd Inc, are responsible for filing and paying applicable state and federal taxes on any Contest prizes you win. Herd does not provide tax advice, nor should any statements in these Terms of Service or on the Service be construed as tax advice.
4. Content.
4.1. Definition. For purposes of these Terms of Use, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, "Content" also includes all User Content (as defined below).
4.2. User Content. All Content submitted to the Services by users (each such person a "User", and such Content "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted to the Services by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain any ownership rights you may have in User Content submitted by you. You acknowledge that your access to and use of any Content, including User Content, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
4.3. Proprietary Rights; Notices and Restrictions. All Content is protected by United States and international laws applicable to copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights.The trademarks and service marks appearing on or through the Services are owned by Herd. All other trademarks or services marks not owned by Herd that appear on or through the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Herd. You will not remove or modify any trademark, copyright, or other proprietary rights notices, and will comply with all restrictions regarding the use of Content published through the Services.
4.4. Use License. Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-sublicensable and non-transferable license to to download and display locally Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content (other than your User Content) for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content (other than your User Content) for commercial use or in any way that violates any third party right.
4.5. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 4.5 shall apply to the same. You also hereby do and shall grant each User a non-exclusive, perpetual license to access any of your User Content submitted for public display through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you own or otherwise have all rights necessary to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
4.6. Availability of Content. We do not guarantee that any Content will be made available on the App or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content, including your User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason, and (ii) to block any Content from the Services.
5. Rules of Conduct.
5.1. The decisions of Herd Inc. are final and binding in all respects. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with use of the Services. Violation of our these Terms of Use or the Herd Contest Official Rules may result in the termination and cancellation of your Account and forfeiture of your Contest prizes. You acknowledge and agree that we may terminate any Herd Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
5.2. By way of example, and not as a limitation, you shall not (and shall not assist or permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
5.2.1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, including but not limited to, facilitating the rebroadcast of the Services (see our DMCA Copyright Policy in Section 16 below);
5.2.2. uses the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
5.2.3. uses screen reader technology, algorithms, or any other automated technological means to interpret, analyze, research, or gain information about a question or submit an answer to a question;
5.2.4. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;
5.2.5. illicitly manufactures additional points or other benefits by providing inaccurate information, buying or selling such benefits, creating multiple accounts, or other means;
5.2.6. results in the creation or operation of multiple user accounts;
5.2.7. creates multiple entries into Contests, by any means, including multi-accounting;
5.2.8. logs an Account into multiple devices simultaneously;
5.2.9. logs multiple Accounts into a single device over the course of the history of any of the Accounts;
5.2.10. enters you into a Contest for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;
5.2.11. results in the sale or transfer of your Account;
5.2. 12. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
5.2.13. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
5.2. 14. contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
5.2.15. is designed or intended to obtain password, Account, or private information from any User;
5.2.16. impersonates any person or entity, including any of our employees, representatives, or Users;
5.2.17. promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content; or
5.2.18. includes anyone's identification documents or sensitive financial information.
5.3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') computer systems or infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App without our express written permission; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our published guidelines and policies.
5.4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, the App), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
5.5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of us, our users and the public.
5.6. If for any reason the Services are not running as originally planned (e.g., if the Services become corrupted or do not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Herd corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Herd reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the Contest winner(s) from all eligible entries. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site or otherwise through the Services.
6. Third-Party Services. The Services may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the App (including, without limitation, sites and services to synchronize video to music) (collectively, "Third-Party Services"). These Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Services. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
7. Location-Based Services. We may offer features that are based on the location of Users and which may report on the locations of those Users as they use the Services (the "Location-Based Services"). You may partake in using these Location-Based Services solely at your own discretion, and may opt out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Services. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Service.
8. In-App Purchases. Through the App, you may purchase ("In-App Purchase") certain goods designed to enhance the performance of the Services ("Goods"). When you purchase Goods, you are doing so through either Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html;http://play.google.com/intl/en_us/about/play-terms.html). We are not a party to any In-App Purchase.
9. Termination.** We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services, including any of your User Content. If you wish to terminate your Account, you may do so by removing the App from your device and following the instructions on the App or through the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Warranty Disclaimer.
10.1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
10.1.1. which Users gain access to the Services;
10.1.2. what Content you access via the Services; or
10.1.3. how you may interpret or use the Content.
10.2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the availability, accuracy, truthfulness, copyright compliance, or legality of material or Content contained in or accessed through the Services.
10.3. The views and opinions of our Users are their own and not necessarily representative of the views and opinions of Herd or its officers, directors, or employees, and Herd assumes no responsibility for the Content, accuracy, or views of or opinions expressed by such Users.
10.4. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE VALUE OF ANY CONTEST PRIZES YOU HAVE WON DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) US$50.00.
13. ARBITRATION CLAUSE & CLASS ACTION WAIVER–IMPORTANT–PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
13.1. Binding Arbitration.
13.1.1. Either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the JAMS in accordance with the provisions of its Streamlined Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions.
13.1.2. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
13.1.3. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Herd will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Herd will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney's fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
13.2. Location.
Arbitration will take place at any reasonable location within the United States convenient for you. You and Herd agree to submit to the personal jurisdiction of any federal or state (as applicable) court within the United States in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
13.3. Class Action Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.4. Exception–Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights. As used in this Section 13.4.1, "intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
13.5. 30-Day Right to Opt Out.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address: Herd, Lincoln Studios, The Biscuit Factory, Lincoln, Drummond Rd, London SE16 4DG. The notice must be sent within 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 13. If you opt out of these arbitration provisions, Herd also will not be bound by them.
13.6 Changes to this Section.
13.6.1. Herd will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day following notice, and will apply prospectively only to any claims arising after the 60th day.
14. Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America.
15. Modification. Except with respect to modifications to Section 13, we reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the App or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will endeavor to provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Use in effect at the time of such use.
16. DMCA Copyright Policy. 1. Herd has adopted the following general policy toward copyright infringement in accordance with the applicable provisions of the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. 2. Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; 2. Identification of works or materials being infringed; 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Herd is capable of finding and verifying its existence; 4. Contact information about the notifier including address, telephone number and, if available, email address; 5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. 7. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Herd at administrators@Herd.app or at: Herd, Lincoln Studios, The Biscuit Factory, Lincoln, Drummond Rd, London SE16 4DG. .
17. Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application"), the following shall apply:
17.1. Both you and Herd acknowledge that these Terms of Use are concluded between you and Herd only, and not with Apple, and that Apple is not responsible for the App or the Content;
17.2. The App is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
17.3. You will only use the App in connection with an Apple device that you own or control;
17.4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
17.5. In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
17.6. You acknowledge and agree that Herd, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
17.7. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Herd, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
17.8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
17.9. Both you and Herd acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of Agreement which may affect or be affected by such use; and
17.10. Both you and Herd acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third-party beneficiary hereof.
18. Miscellaneous.
18.1. Entire Agreement and Severability. These Terms of Use, the Privacy Policy and the Herd Contest Official Rules are the entire Agreement between you and us with respect to the Services, including use of the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
18.2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
18.3. Assignment. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
18.4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
18.5. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to administrators@goherd.app
18.6. No Waiver. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
18.7. Headings. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.
18.8. Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.
Contact.
You may contact us at the following address: Herd, Lincoln Studios, The Biscuit Factory, Lincoln, Drummond Rd, London SE16 4DG.
Effective Date of Terms of Use: 21 May, 2021.