WatchOut Terms of Use

WatchOut Terms of Use2019-02-09T01:29:41+00:00

The following Terms of Use (“Terms”) are between you and Simpler Studios LLC (“Simpler Studios”) and constitute a legal agreement that governs your use of Simpler Studios WatchOut software and services (collectively referred to as the “Service”). By using the Service you agree to these Terms. If you do not agree, you are prohibited and must refrain from using the Service.

Simpler Studios reserves the right to make changes to these Terms at any time. If you do not agree with the changes you must cease using the Service. Continued use of the Service after changes to the Terms shall be considered acceptance of the new Terms.

 

Key Points

This section is provided as a convenience, it does not replace the full terms of use, nothing here supersedes or overrides anything provided in the full terms.

Responsibility:  Driving is dangerous. It is the most dangerous thing most of us do every day. We hope we can help make driving a little safer by highlighting accident prone locations, but the Service does not prevent accidents. You are agreeing to use the Service entirely at your own risk, Simpler Studios is not responsible for accidents you have while using the Service.

Accuracy: We work hard to provide accurate information in the Service, but there are many factors impacting accuracy that are outside of our control, and even for factors within our control, the Service is complex and has bugs that can cause inaccurate information. We therefore cannot guarantee that the information is entirely accurate.

 Use of Data in Lawsuits: The information we provide is intended to make you a more informed driver, cycler, or walker. We obtain this information from public records that are kept to help make roads safer. This data is not intended, and cannot be used in legal action against the same public sources that gathered it in the first place.

 

The Full Terms

Restricted Use:

You may use the Service for personal use only. You may not use the Service for commercial use such as in a business, academic, government, or enterprise environment without prior written consent from Simpler Studios.

You may not resell, rent, or lease the Service. You may not offer your own service or software that uses the Service.

You may not access or use the Service to copy, scrape, bulk download, or mine data from the Service.

You may not use any robot, spider, or other automated means to access the Service.

You may not reproduce or create derivative works of the Service

You may not use data or information retrieved from the Service in any litigation arising from occurrences at the locations provided by the Service. Data from the Service may be subject to Section 409 of Title 23 of the United States Code.

You may not decompile, disassemble, reverse engineer, or attempt to derive the source code of the Service.

You may not exploit the service to interfere with others use of the service by burdening network capacity or attempting to transmit damaging code.

 

Privacy

Your information will be treated in accordance with our privacy policy at: http://simplerstudios.com/watchout/privacy

 

Advertisements

Simpler Studios reserves the right to display advertisements to users of the Service

 

Copyright

You agree that the Service contains proprietary content owned by Simpler Studios and its licensors and suppliers that is protected by intellectual property laws. You will not use this proprietary content in any way that infringes on the intellectual property rights of Simple Studios or any third party. No portion of the Service, including content, may be reproduced and you may be held liable for any unauthorized copying or disclosure.

 

Modifications to the Service

Simpler Studios may at any time change the Service without providing prior notice. This can include but is not limited to adding or removing content, adding or removing features, changing content, changing features, changing the user interface, changing design elements, re-purposing the Service, or terminating the Service completely. You will have no claim against Simpler Studios for making such changes or for failures incidental to such changes.

 

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIMPLER STUDIOS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

IN PARTICULAR SIMPLER STUDIOS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMPLER STUDIOS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE 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.

Any and all content provided by the Service is made available for informational and planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location or map data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the map data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to your surroundings and observe current road conditions and signage.

 

 Limitation of Liability

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SIMPLER STUDIOS 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 Simpler Studio’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

Indemnity

You agree to indemnify and hold Simpler Studios, its founders, employees, agents, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of your violation of these Terms of Use and/or use of the Service.

 

Governing Law and Severability

These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Use shall continue in full force and effect.

 

 

Last updated 2/8/19
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