Signal Zero, Inc.

Terms of Service

Last Updated: July 27, 2016.

These Terms of Service (the “Terms of Service”) apply to your access and use of all websites (the “Sites”), services, software, mobile applications, games, content, and all other products and services (all of the foregoing collectively, the “Services”) owned, controlled or offered, directly or indirectly, by Signal Zero, Inc. or its affiliates (“Signal Zero”, “we”, “our” or “us”). Users, account holders, customers, visitors, and others who download, access, use and/or subscribe to the Services (“you”) agree to the following terms and conditions (the “Terms of Service”). In addition to the Terms of Service, your access to and use of the Services are governed by our Privacy Policy, available at http://www.signalzero.com/privacy (the “Privacy Policy”), and any additional rules and/or terms identified or displayed on the Sites or in connection with a particular Service or program. The Privacy Policy and any such additional rules and terms constitute a part of the Terms of Service and are incorporated by reference herein.

BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, INSTALLING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE SITES, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE, INSTALL OR ACCESS THE SERVICES.

All of the Services are available only for individuals aged 18 years or older. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review the Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to the Terms of Service. You agree to have your parent or guardian review and accept the Terms of Service on your behalf. If you are a parent or guardian agreeing to the Terms of Service for the benefit of anyone under 18, then you agree to and accept full responsibility for that person’s use of the Services, including all financial charges and legal liability that he or she may incur.  If you are under 13 years of age, you are not authorized to use the Services.

Modification of Terms of Service and/or Services

Signal Zero reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify the Terms of Service at any time and without prior notice. If Signal Zero amends the Terms of Service, it will update this posting on the Sites and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

Your Account

In order to use certain features of the Services, you may have to register and create an account with Signal Zero (your “Account”), and as part of that process you will be requested to provide certain information, including without limitation your name and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete.  You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Signal Zero). Signal Zero reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination. 

By registering for your Account and provide your information to us, you hereby consent to us sending, and you receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to your use of the Site, the Services and related services. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you notify us in writing that you do not wish to receive such content anymore.

Ownership and Intellectual Property Rights of Signal Zero

The Services are owned by Signal Zero and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Signal Zero and its licensors exclusively own or control all right, title, and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, moral rights, and other intellectual property rights whether registered or not and all applications thereof. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Signal Zero or its third party licensors without the appropriate owner’s prior written consent.

License

Signal Zero grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by Signal Zero as part of the Services for your personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Signal Zero, in the manner permitted by the Terms of Service.  You hereby acknowledge that no title or ownership in the software is being transferred or assigned and this license is not to be construed as a sale of any rights in the software.

Signal Zero grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the Services as provided by Signal Zero, for your personal non-commercial use, in the manner permitted by this Terms of Service. The rights granted herein are subject to your compliance with this Terms of Service. 

All rights not expressly granted in the Terms of Service are expressly reserved for Signal Zero.

The term of your licenses to the Services shall commence on the date that you accept the Terms of Service and install or otherwise use the Services, including, without limitation, any mobile apps, and ends on the earlier date of either your disposal of the Services or our termination of the license or the Terms of Service. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of the Terms of Service.

Social Media and Networking Sites

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers, such as Facebook and Twitter (each such account, a “Third Party Account”) by (i) providing your Third Party Account login information through the Services, or (ii) allowing Signal Zero to access your Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Signal Zero and/or grant Signal Zero access to your Third Party Account, without breach by you of any applicable terms and conditions and without obligating Signal Zero to any liabilities. By linking the Third Party Accounts, you understand that (a) Signal Zero may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account, and (b) Signal Zero may submit additional information to your Third Party Account. Subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services.  You will have the ability to disable the connection between your Signal Zero Account and your Third Party Accounts at any time.  YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS AND YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Signal Zero makes no effort to review any content provided by Third Party Accounts and is not responsible for any such content.

Restrictions on Use of Services

Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:

  • Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
  • Access, tamper with, or use non-public areas of the Sites, Signal Zero’s computer systems, or the technical delivery systems of Signal Zero’s providers; attempt to probe, scan, or test the vulnerability of any Signal Zero system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Signal Zero or any of Signal Zero’s providers or any other third party (including another user) to protect the Services;
  • Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Signal Zero or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
  • Use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the game play experience; employ the use of automated game play software or devices to create a game play advantage; or access the Service from a device emulator;
  • Generate queries, or impressions of or clicks on Ads through any automated, deceptive, fraudulent or other invalid means (including, click spam, robots, macro programs, and Internet agents), or encourage or require third parties to click on Ads through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent;
  • Manipulate the GPS coordinates of your device to represent anything other than your current physical location;
  • Use any meta tags or other hidden text or metadata utilizing a Signal Zero trademark, logo, URL or product name;
  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
  • Forge any TCP/IP packet header, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading or flooding the Sites;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation;
  • “Stalk” or otherwise harass anyone;
  • Collect personal data about other users for commercial or unlawful purposes; or
  • Post non-local or otherwise irrelevant content, repeatedly post the same or similar content.

Signal Zero will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Signal Zero may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Signal Zero has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

License Agreement for Using Specific Applications

You acknowledge and agree that the availability of the Services on mobile devices is dependent on the third party websites from which you download such Services, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that the Terms of Service are between you and Signal Zero and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Services is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of the Terms of Service, the more restrictive or conflicting terms and conditions in the Terms of Service apply.

Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of our mobile apps. Signal Zero may modify such guidelines in its sole discretion at any time. Signal Zero reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.

Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

In-App Currencies/Goods

During your use of the Services, Signal Zero may license to you certain virtual goods, such as virtual currency items and services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Services.  These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.  Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Signal Zero may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Signal Zero shall have no liability to you or any third party in the event that Signal Zero exercises any such rights.

The Services may allow you to purchase virtual goods with “real” money, for example, through Signal Zero or third party services, including but not limited to, in-app purchases via your App Store, payment processors hired by Signal Zero, a third party online marketplace, your wireless carrier, your credit card company, etc. Signal Zero will store purchase information cumulatively.  If you purchase virtual goods through third party services, such as Facebook Credits from Facebook, such transaction is governed by the agreement between you and such third party service provider and Signal Zero is not a party to the transaction.  Any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE.  SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT SIGNAL ZERO IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Third Party Sites / Links / Ads

Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Signal Zero of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

Signal Zero does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Signal Zero will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.

If there is a dispute between you and any such third party, you understand and agree that Signal Zero shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE SIGNAL ZERO, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND / OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Disclaimer of Warranties

YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIGNAL ZERO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SIGNAL ZERO DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SIGNAL ZERO MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. SIGNAL ZERO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. SIGNAL ZERO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES.

FURTHER, SIGNAL ZERO AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER SIGNAL ZERO NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS, THE SERVICES OR ANY E-MAIL OR OTHER COMMUNICATION SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as Signal Zero relate to implied warranties.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ALL OF THE ABOVE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN US AND YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS.  UNDER NO CIRCUMSTANCES SHALL SIGNAL ZERO, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless Signal Zero, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Service or (2) your use of the Services.

Termination and Survival

Either party may terminate the Terms of Service for any or no cause, at any time. You may cancel the Services and delete your Account at any time by either using the features of the Services to do so (if applicable and available) or by written notice to support@signalzero.com. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of the Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely. 

Severability

If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.

Applicable Law

The Terms of Service and the resolution of any dispute related to the Terms of Service or the Services shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Signal Zero and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Contact Information

If you have any questions or concerns with respect to the Terms of Service or the Services you may contact a representative of Signal Zero at support (at) signalzero (dot) com.