End User agreement
The App’s End User License Agreement (EULA) govern your access to use of the Materials provided on the App. All Users are bound and expressly agree to be bound by these non-negotiable terms and conditions. For good and valuable consideration, the receipt and adequacy which is hereby acknowledged and accepted, the Parties (defined below) agree as follows: Parties to this Agreement.
The Parties to this Agreement are the consumer (“you”) and The CDub Brand®, LLC (“Company”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and this mobile application (our “App”); the term “user, “you” and “your(s)” is used to refer to you, the consumer. Subject to your agreeance and acceptance of the terms and conditions set forth in this Agreement, Company agrees to grant you a limited personal non-transferable right to access the contents of our App. This Agreement is subject to change by the Company at any time and changes shall become effective upon posting said changes. You may not alter, delete, add, change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. It is your responsibility to periodically review these terms and conditions and be bound by them. Accessing the App shall constitute an implicit acceptance by you of all the terms and conditions set forth herein as well as an explicit acknowledgment by you of the fact that you are an adult and at least eighteen (18) years of age and fully capable of entering into this EULA. If you do not agree with or accept any of the terms and conditions of this EULA, you are not authorized to use this App. By using this App and accessing its Materials, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE EULA AND AGREE TO BE BOUND BY IT.
Term & Termination: There is no fixed term to this EULA. You may terminate this agreement at any time for any reason by discontinuing use of the App and Materials as described herein and removing the App from your mobile device so that you no longer have access to it. Company also reserves the right to terminate your use of the App at any time without notice or to terminate or suspend your access to the App or cancel any orders, if applicable, if Company has reason to believe you breached any term or provision of this EULA or failed to comply with any instructions posted on the App. The provisions of the following Sections shall survive termination or expiration of this Agreement: Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Forum.
Ownership & License. This Mobile Application (hereinafter “App”) is owned and operated by Company and all rights, title and interest in and to all of the materials provided on this App, including but not limited to products, compositions, masters, trademarks and other intellectual property, documents, information, graphics, logos, images and sounds (the "Materials") are owned by Company. Except as expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way. In addition, unless it is otherwise noted, nothing on this App shall be construed to confer any license under any of Company's intellectual property rights, whether by estoppel, implication or otherwise. All rights not expressly granted herein are reserved by Company.
Credit. When using the Materials from this App, including, but not limited to, in the context of church services or other religious gatherings and/or events, you expressly covenant and agree to provide a conspicuous credit to Company in exactly the following form “"Music provided by Whoop Triggerz Plus , a mobile app designed for churches with no musicians. For more info, visit www.WhoopTriggerz.com” in any and all written materials (print, digital, or otherwise) and by verbal acknowledgment and announcement in all audiovisuals recordings, with a link to the App.
Copyright & Trademark. ALL RIGHTS RESERVED.
Disclaimer of Warranties. THE APP AND ALL THE MATERIALS PROVIDED THROUGH YOUR USE OF THE APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE APP OR THE MATERIALS CONTAINED HEREIN. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT: (A) THE MATERIALS PROVIDED WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS OBTAINED BY USE OF THE MATERIALS WILL BE FAVORABLE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF THE MATERIALS WILL MEET YOUR EXPECTATIONS; OR (D) THE APP OR MATERIALS WILL BE AVAILABLE ON A TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE BASIS. YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH OR WHICH RESULT IN YOUR USE OF THE MATERIALS PROVIDED ON THE APP. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR DOWNLOADING ANY MATERIALS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGE TO YOUR DEVICE OR LOSS OF DATA. USER EXPRESSLY AGREES THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS OTHER THAN WHAT IS STATED HEREIN.
Limitation of Liability. COMPANY SHALL NOT EVER BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, THAT ARE A RESULT OF, OR ARISE OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR MATERIALS PROVIDED. THIS LIMITATION APPLIES REGARDLESS OF THE BASIS ON WHICH THE CLAIM IS BROUGHT, INCLUDING, BUT NOT LIMITED TO, LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY. THIS LIMITATION APPLIES EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF DAMAGES. IN SUCH JURISDICTIONS THAT DO NOT ALLOW FOR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THAT JURISDICTION.
Indemnification. You agree to defend, indemnify and hold harmless Company, its affiliates and subsidiaries, and its respective directors, officers, employees, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, for any indirect, direct, punitive, incidental or consequential damages, injuries, liabilities, losses, costs and expenses (including attorney's fees, litigation expenses and all related costs of any court and/or arbitration proceedings) however it arises, whether in an action of contract, tort, relating to or arising from your use of the Apps any breach by you of this EULA, your negligent or intentional acts, including without limitation any claim for personal injury or property damage, errors or omissions in regard to the subject matter of these EULA, or your failure to comply with applicable laws in your use of the App. If Company is found to be liable, it will be limited to the amount paid for the products and/or services and under no circumstances will there be consequential or punitive damages.