PARENT CUE (“PC” or “we” or “us”) END-USER LICENSE AGREEMENT
Thank you for downloading the PARENT CUE® App. As an end-user (“You”), this End User License Agreement (“License”) governs Your use and access to the PARENT CUE® mobile application, any related client software, and any content management system (“CMS”) (collectively, the “Services”) provided by PC.
IMPORTANT NOTE: Parts of the Licensed Application (as defined below) may enable You to reproduce or share pieces of digital content. The license granted to you by PC in the Licensed Application only allows for your personal use. You may reproduce non-copyrighted materials, materials in which You own the copyright, or materials You are authorized or legally permitted to reproduce (“Your Stuff”). However, this License does not authorize or legally permit You to reproduce, share, post, alter, or distribute any content, including without limitation images, video, audio, text, maps, animation, charts, widgets, and other copyrighted or otherwise proprietary content (collectively, “Content”) included in the Licensed Application unless You are expressly permitted to do so by a specific element of Content or this License.
- General License. Subject to your compliance with this License, PC hereby grants to You a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide license to download, install, access and use the mobile application software (in object code form only), CMS, and any included Content (as defined above) in any form of media (collectively the “Licensed Application“) in accordance with the terms of this License. PC reserves all rights not expressly granted to You. The “Licensed Application” includes without limitation any SDKs, libraries, tools, upgrades, updates, patches, modules, together with any accompanying manuals or operating documentation. The rights granted herein are limited to PC’s and its licensors’ intellectual property rights in the Licensed Application and do not include any other intellectual property rights. The terms of this License will govern any software updates provided by PC that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Permitted License Uses and Restrictions. This License allows You to install and use the Licensed Application on mobile phones, tablets, computers or other devices You own or control. You may not rent, lease, lend, redistribute, sell, transfer, or sublicense the Licensed Application or encourage, assist, or authorize any third party to do so. Except as and only to the extent expressly permitted in this License or by applicable law, You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Licensed Application or any part thereof.
In relation to the Licensed Application, Content, and Services, You may not: probe, scan, or test the vulnerability of any system or network; breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas of the Service, shared areas of the Service You have not been invited to, or PC’s (or our service providers’) computer systems; interfere with or disrupt any user, host, or network, by sending a virus or similar damaging information, overloading, flooding, spamming, or mail-bombing any part of the Services; plant malware or otherwise use the Services to distribute malware; access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”); send unsolicited communications, promotions, advertisements, or spam; send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”; publish anything that is fraudulent, misleading, or infringing of another party’s rights; promote or advertise products or services other than your own without appropriate authorization; impersonate or misrepresent your affiliation with any person or entity; publish or share materials that are indecent or that advocate hatred, in PC’s determination; or violate the law in any way, violate the privacy of others, or defame others.
- Third-Party Websites. The Licensed Application may include Content from third parties (including, without limitation, in advertisements) or links to certain third-party websites. You acknowledge and agree that PC is not responsible for examining or evaluating the content or accuracy of any such third-party Content or websites. PC does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party Content or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to You.
- Licensed Application Content. You agree that the Licensed Application includes Content and proprietary information that is owned by PC or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such Content in any way whatsoever except as expressly permitted by this License or applicable law. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content in any manner.
- Third-Party Content Protection. We will take appropriate action if we receive a legally compliant DMCA notice of alleged copyright infringement. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If Your Stuff or material to which You own or otherwise control copyright is infringed, our designated agent for notice of alleged copyright infringement on the Services is:
c/o The reThink Group, Inc.
5870 Charlotte Lane, Ste 300
Cumming GA 30004
- Support Services. We may provide support services related to the Licensed Application (“Support Services”) in our sole discretion. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Licensed Application and subject to the terms and conditions of this License. With respect to technical information You provide to PC as part of the Support Services, PC may use such information for its business purposes, including for product updates and development.
- Termination. You’re free to stop using our Services at any time and this License is effective until terminated by You or PC. We reserve the right to suspend or end the Services at any time in our discretion and without notice. Your rights under this License will terminate automatically without notice from PC if You fail to comply with any term(s) of this License. Upon the termination of this License, You agree to cease all use of the Licensed Application and delete all copies, full or partial, of the Licensed Application. We reserve the right to terminate and delete your account if You haven’t accessed our Services for 12 consecutive months.
PC and its licensors reserve the right to change, suspend, remove, or disable access to any Content at any time without notice. In no event will PC be liable for the removal of or disabling of access to any such Content or services. PC may also impose limits on the use of or access to certain Content, in any case and without notice or liability.
- Limited Warranty. PC warrants that it will make reasonable efforts to correct material defects (as defined in PC’s sole discretion, “Material Defects”) in the Licensed Application that PC becomes aware of. You may have to re-install an updated version of the Licensed Application once PC has corrected the Material Defect. PC DOES NOT WARRANT THAT IT WILL CORRECT ALL DEFECTS, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, MAKES NO OTHER WARRANTY REGARDING THE LICENSED APPLICATION. Your exclusive remedy should You experience a Material Defect related to the downloadable Licensed Application is to re-install the Licensed Application at no additional charge to You.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION, SERVICES, AND CONTENT (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, SERVICES, AND CONTENT ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PC AND PC’S LICENSORS (COLLECTIVELY REFERRED TO AS “PC” FOR THE PURPOSES OF SECTIONS 11 AND 12) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, SERVICES, AND CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PC OR A PC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, SERVICES, OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, SERVICES OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PC’s total liability to You for all damages (other than as may be required by applicable law) exceed the greater of the amount You paid for the Services (not including any additional Content) or fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Georgia, as applied to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to the conflicts of laws principles therein. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the court may revise the relevant provision so as to be enforceable and the remainder of this License shall continue in full force and effect.
- Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Licensed Application licensed hereunder and supersedes all prior EULAs or prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PC. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. The Disclaimer of Warranties, Limitation of Liability, Controlling Law and Severability, and Complete Agreement; Governing Language provisions survive termination.
- Modification. We may revise the terms of this License from time to time, and will post the most current version on PC’s website or in an update to the Licensed Application. If a revision meaningfully reduces your rights, we will notify You (by, for example, sending a message to the email address associated with your account or posting a pop up notice in the Licensed Application or on the PC website). By continuing to use or access the Services after the revisions come into effect, You agree to be bound by the revised terms.
- Apple-Specific Provisions. If You downloaded the Licensed Application from the Apple App Store or are using the Licensed Application on an Apple device, the terms in this section apply specifically to You:Apple. You acknowledge that this License is solely between You and PC and that Apple is not a party to this License. PC, not Apple, is solely responsible for the Licensed Application and the Content thereof. To the extent that the terms of this License conflict with the App Store Terms of Service, the App Store Terms of Service shall control.
- The License granted to You herein is limited to a non-transferable license to use the Licensed Application on Apple devices that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- PC will be solely responsible for providing maintenance and support in accordance with Section 8 of this License, or as required by applicable law. You acknowledge that Apple has no obligation to furnish any maintenance or support services related to the Licensed Application.
- In the event that the Licensed Application fails to conform to any applicable warranty, You may notify Apple and Apple will refund to You the purchase price of the Licensed Application. You acknowledge that to the extent allowed by law, Apple has no other responsibility related to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to the Licensed Application’s failure to conform to an applicable warranty are PC’s sole responsibility, in accordance with the terms of this License.
- PC, not Apple, is responsible for addressing any claims You may have related to the Licensed Application or your possession or use of the Licensed Application, including but not limited to: (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 or similar legislation.
- In the event of any third party claim that the Licensed Application or your possession or use of the Licensed Application infringes upon the intellectual property rights of a third party, PC, not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Any complaint or request for Support Services should be directed to the developer of the Licensed Application, Parent Cue, which receives requests at firstname.lastname@example.org.
- You acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of this License and that upon your acceptance of the terms of this License, Apple will have the right to enforce this License against You as a third-party beneficiary.
- CMS and Related Software. You may be granted access to a CMS for managing Content in the Licensed Application, and related client software (“Software”) which You may be asked to download to access the CMS. By accessing the CMS or downloading the Software, which may include automatic updates, You agree the terms of this License will govern Your use of the CMS and Software. Subject to your compliance with this License, PC grants applicable users a personal, limited, nonexclusive, nontransferable, revocable license to use the CMS and Software, solely to access the Services.You agree You are solely responsible for any of Your Stuff or third-party Content you post to the CMS. You agree not to post, reproduce, display, share or otherwise use any Content through the CMS to which You do not have documented authorization from the copyright owner. You also agree to use PC Content strictly in accordance with the Usage Guidelines. You acknowledge PC has no obligation to review Content you post but is authorized to remove any Content from the Licensed Application or CMS in the event PC becomes aware certain Content is infringing.
- Licensed Application and CMS Usage Guidelines
- General Guidelines. These guidelines supplement the general PC Usage Guidelines and apply to the Services, including the Licensed Application, and for certain accounts, the CMS. Your use of the Services must comply with the Usage Guidelines and the License.
- POSTING ANY PC CONTENT, TRADEMARKS, OR ADAPTATIONS, IN WHOLE OR IN PART, ON UNSECURED OR PUBLIC WEBSITES (E.G. YOUTUBE, TUMBLR, ETC.) AND USING ANY RETHINK CONTENT OR TRADEMARKS IN FOR-SALE OR COMMERCIAL PRODUCTS OR SERVICES IS STRICTLY PROHIBITED AND WILL AUTOMATICALLY VOID YOUR LICENSE.
- Access to and use of the Services is restricted to the individual or organization obtaining the license solely for personal use or organization use (as the case may be).
- Any Content which is not expressly designated as “editable” may not be revised or edited.
- You agree to cease all use of the Services upon expiration or termination of this License. Additionally, all Content accessed through any Service and stored by You or your organization on any hard drive or other storage device or in hard copy must be deleted or destroyed upon expiration or termination of the License.
[Last updated August 23, 2021]