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MOBILE APP TERMS OF USE

 

Effective Date: March 28, 2017

 

COUNTRY THUNDER - TERMS OF USE

 

ACCESS TO AND USE OF OUR APP IS PROVIDED BY COUNTRY THUNDER HOLDINGS LLC SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

 

1.      Acceptance

The Country Thunder App is a mobile application (the "App") operated by us, Country Thunder Holdings LLC 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 ("Country Thunder", "we", "us", "our"). As used in this Terms of User, the terms "Country Thunder Companies", refer to Country Thunder Holdings, LLC, and all entities it controls, is controlled by or is under common control with, including subsidiaries, joint ventures or other entities in whom Country Thunder Holdings, LLC has a substantial ownership interest.

By downloading and using the App, you agree, without limitation or qualification, to be bound by these terms and conditions of use (the “Terms of Use”) and the Country Thunder App Privacy Policy (the “Privacy Policy”) incorporated herein by reference.

Where permitted by local law, Country Thunder reserves the right to modify or revise the Terms of Use, in its sole discretion, at any time. By downloading and using the App, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. Country Thunder recommends that App users review the most up-to-date version of the Terms of Use periodically.

We do not guarantee that the App, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection or using your device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

The materials provided on the App are protected by applicable law, including, but not limited to, United States copyright laws and international treaties.

2.      Personal Information

The personal information you submit to Country Thunder and that Country Thunder collects from you is governed by the Country Thunder App Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern. You are responsible for providing information that is accurate, current and complete.

If you provide information that is not accurate, current or complete, or if Country Thunder has reason to believe that information you provided is not accurate, current or complete, Country Thunder has the right to prohibit you from any and all future use of the App.

3.      Use Restrictions

The App and the content on the App, such as text, graphics, source code, images, videos, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Country Thunder licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Contents - in other words, ownership of all intellectual property rights in such Contents - remains with Country Thunder or our licensors and/or partners. All rights not expressly granted herein are reserved to Country Thunder and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Except as otherwise stated herein, you may not, without Country Thunder’s written permission, “mirror” any Contents contained in the App or any other server and you agree not to reproduce, duplicate, copy, sell, resell, distribute, post, transmit or exploit for any commercial purpose, any portion of the App or the Contents other than as expressly authorized by Country Thunder in writing. You may not use the App for any purpose that is unlawful or prohibited by these Terms of Use, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law.

Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use the App (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms of Use. You agree not to use the App for anything else. These Terms of Use also apply to any update or patches which we may release or make available for the App and any such update or patch shall be deemed part of the App for the purposes of these Terms of Use.

You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the App or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2017, Country Thunder Holdings LLC. All rights reserved”.

Any special rules for the use of other items provided on the App may be included elsewhere within the App and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.

You may not use the App in any manner that could damage, disable, overburden or impair the App, or interfere with any other party’s use and enjoyment of the App. You may not attempt to gain unauthorized access to the App through hacking, password mining or any other means.

You may not reverse engineer any aspect of the App or do anything which might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App. You may not attempt to circumvent any content-filtering techniques we employ or attempt to access any area of the App that you are not authorized to access. You may not develop any third-party applications that interact with the App without our prior written consent, including any scripts designed to scrape or extract data from the App.

Country Thunder reserves the right, in its sole discretion, to terminate your access to the App, or any portion thereof, at any time, if there is a justifiable reason, without prior notice or any notice.

If, for any reason, you create any derivatives, modifications or improvements to the Contents and/or App ("Derivatives"), all right, title and interest (including existing and future intellectual property rights) in such Derivatives ("Derivative Rights") vest in Country Thunder immediately upon creation. You hereby assign to Country Thunder with full title guarantee all right, title and interest in all such Derivative Rights. You represent and warrant that use by Country Thunder or its licensees of the Derivative Rights will not infringe the intellectual property rights or other rights of any third party. You must do all things and sign all documents necessary or desirable to give effect to this paragraph.

4.         Hyperlinks from the App

The App may contain hyperlinks to other websites and webpages (including websites and webpages on which you may make purchases) (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, applications and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).  Country Thunder does not investigate, monitor, control or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.

Country Thunder is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the App. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the App does not indicate Country Thunder’s approval or endorsement thereof. If you choose to leave the App to access any Third-Party Pages or Third-Party Applications, you do so at your own risk. You take full responsibility for using, purchasing or refraining from purchasing and goods or services contained on such Third-Party Pages or Third-Party Applications. If you do purchase goods or services from such Third Party Pages or Third-Party Applications please read their contractual terms carefully before making such purchase.  Remember, your contract for those goods or services will be with that third party and not with Country Thunder.

When you use Third Party Pages or Third-Party Applications, any personal information you provide will be dealt with under such third party's privacy policy.

5.      No Reliance on Information

The material and Contents on the App are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App.

Although Country Thunder makes reasonable efforts to update the information on the App, Country Thunder makes no representations, warranties or guarantees, whether express or implied, that the information and/or Contents on the App is accurate, complete or up-to-date.       

   

6.      Liability of Country Thunder and Its Licensors and Partners

The use of the App and/or the Contents is at your own risk. The Contents of the App could include technical inaccuracies or typographical errors.

Country Thunder may update the App and/or may change the Contents at any time. However, please note that any of the Content on the App may be out of date at any given time, and Country Thunder is under no obligation to update it. Country Thunder does not guarantee that the App, or any of the Contents on it, will be free from errors or omissions.

Subject to applicable law, Country Thunder  will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the App or use of or reliance on any Contents displayed on the App.

Country Thunder will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any Contents on it, or on any website linked to it.

Except as otherwise expressly permitted herein, you agree not to use the App for any commercial or business purposes, and subject to applicable law Country Thunder have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance of the App.

To the extent permitted by applicable law, Country Thunder exclude all conditions, warranties, representation or other terms which may apply to the App or any Contents on them, whether express or implied.

Nothing in these Terms of Use excludes or limits Country Thunder's liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

7.      Indemnity

You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by Country Thunder as a result of: (a) your use of the App and/or Contents other than as permitted under these Terms of Use; and/or (b) your breach of these Terms of Use.

You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms of Use.

8.      General

Country Thunder makes no claims that the Contents and/or App are appropriate or may be downloaded and/or used outside of the United States of America. Access to and use of the App and/or Contents may not be legal by certain persons or in certain countries.

If you access, use and/or download the App and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Country Thunder and its Licensors and Partners, No Reliance on Information, Use Restrictions, Submission of Ideas, Indemnity, In-App Purchases, Viruses, Trademarks, Applicable Laws, Waiver and Severability and Complete Agreement.

9.      Applicable Laws

Subject to the provisions of applicable law, these Terms of Use are governed in accordance with the laws of California United States of America, without regard to its conflict of law provisions. You and Country Thunder hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the county of Los Angeles, California, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use, the Privacy Policy or in connection with any matters related to the App.     

    

10.    Waiver and Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11.    Notice and Take Down Procedures

If you believe the Contents (or any part thereof) accessible on or from the App infringes your intellectual property rights, you may request removal of those materials (or access thereto) from the App by contacting Country Thunder (address identified below) and providing the following information:

  • identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

  • identification of the Content that you believe to be infringing your intellectual property rights and its location. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;

  • your name, address, telephone number, and (if available) email address.

  • a statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;

  • a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner;

  • a signature or the electronic equivalent from the intellectual property rights owner or authorized representative of the intellectual property rights owner.

Our address for intellectual property rights issues relating to the App is as follows:

Country Thunder

Attn: Legal Department

Address: 9601 Wilshire Blvd., 3rd Floor, Beverly Hills, CA 90210

Email: copyrightagent@wmeentertainment.com

 

In an effort to protect the rights of intellectual property rights owners, Country Thunder maintains a policy for the termination, in appropriate circumstances, of users of the App who are repeat infringers.

12.    Copyright and Trade Marks

Unauthorized use of any Country Thunder, and/or Country Thunder Company trademark, service mark or logo is prohibited, and may be a violation of federal and state trademark law.

13.    Viruses

We do not guarantee the App will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access and use the App. You should use your own virus protection software.

You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable law. Country Thunder will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

14.    In-App Purchases

Some of the features in our App may display items which can be purchased from third parties such as clothing retail websites and music download services. If you click on any links to purchase such items you will be re-directed to the relevant website to complete your purchase. The contract for the purchase of these items will be between you and the third party and the terms and conditions of the third party shall apply. We accept no responsibility for any purchases made by you from third party retailers accessed through our App.

When you use third party webpages or third-party applications, any personal information you provide will be dealt with under such third party's privacy policy.

Some of the links included within our App might be affiliated links. These links may result in Country Thunder receiving a fee or commission as a consequence of you clicking through to third-party pages or third-party applications or purchasing goods or services from them.

15.    Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Country Thunder on the App, these Terms of Use, including the Country Thunder Privacy Policy, constitute the entire agreement between you and Country Thunder with respect to the use of the App and Contents.

16.    Contact Us   

To contact us, please email info@countrythunder.com.