Terms and Conditions
These terms and conditions (“Terms and Conditions Agreement”) set forth the general terms and conditions of your use of the “RetroDate” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”) and it acts as an End-User License Agreement (“EULA”) (collectively “the Agreement”). This Agreement is legally binding between you (“User”, “you” or “your”) and RetroDate, Inc. (“RetroDate, Inc.”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and RetroDate, Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services. Please read this Agreement carefully before completing the installation process and using the RetroDate software. It provides a license to use the RetroDate software and contains warranty information and liability disclaimers.
This Agreement governs your acquisition and use of our RetroDate software ("Software") directly from RetroDate or indirectly through a RetroDate authorized reseller or distributor (a "distributor").If you register for a free trial of the RetroDate software, this Agreement will also govern that trial. By clicking "accept" or installing and/or using the RetroDate software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement.This Agreement shall apply only to the Software supplied by RetroDate herewith regardless of whether other software is referred to or described herein. The terms also apply to any RetroDate updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.RetroDate, Inc. may find the need to make available Updates or Upgrades for the Mobile App, inaccordance with this Agreement. It shall be at the sole discretion of RetroDate, Inc. to make conditional releases of said Updates or Upgrades to you upon your acceptance of updated Agreement, if any. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms and conditions of the updated Agreement.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHER USE OF THIS MOBILE APP, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU WILL HAVE NO RIGHTS TO THE MOBILE APP AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE MOBILE APP. THIS MOBILE APP IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY LAWS. THIS MOBILE APP IS LICENSED AND NOT SOLD.
Accounts and membershipYou must be at least 21 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement, you warrant and represent that you are at least 21 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and internet protocol address to prevent further registration.
User contentWe do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content in the Mobile Application submitted or created while using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our sole discretion, immediately or no later than within 24 hours, refuse or remove any Content that in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. We also reserve the right to immediately terminate your use of the Mobile Application and Services if we find that the Content is, in our reasonable opinion, in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Prohibited usesIn addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet; or(k) for any commercial use, including but not limited to advertising for any product or service or solicitation of any kind.We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses. Prohibited Content Prohibited Content is any content that:· infringes on the rights of others and includes, but is not limited to, sexually explicit content or content which promotes racism, bigotry, hatred or physical harm;· is deceptive, misleading, abusive, threatening, vulgar, indecent, harassing, blasphemous, defamatory, libelous;· is obscene, pornographic, pedophilic or menacing;· is ethnically objectionable, disparaging, or is otherwise injurious to third parties;· relates to or promotes money laundering or gambling;· is harmful to minors in any way, content that impersonates another person or threatens the unity, integrity, security or sovereignty the United States;· is known to be false or inaccurate;· constitutes an infringement on any patent, trademark, trade secret, copyright or other proprietary rights of any party· objectionable or otherwise unlawful in any manner whatsoever, or content which consists of or contains software viruses;· is in violation of any part of this Agreement.You are entirely responsible for all content that you upload, post, distribute, transmit, share, email or in any way make available Prohibited Content on the site. You agree not to help anyone upload, post, distribute, transmit, share, email or in any way make available Prohibited Content on the site.We are not responsible in any way for any content posted by any third party. Third parties are entirely responsible for all content they post on the site.You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any content you post on the site and we reserve the right to change, condense, or delete any content you post on the site. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable. Further, we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Billing and paymentsYou shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL (Secure Sockets Layer) secured communication channel and is encrypted and protected with digital signatures, and the Mobile Application and Services are also in compliance with PCI (Peripheral Component Interconnect) vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. License GrantRetroDate hereby grants you a personal, non-transferable, non-exclusive licence to use the RetroDate software on your devices in accordance with the terms of this Agreement.You are permitted to load the RetroDate software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the RetroDate software.You may not assign or transfer any part of this Licensee without the written consent of RetroDate, Inc., except that, if a change of control occurs (including a sale or merger), the Party experiencing the change of control may ensure this License remains in full force and effect by providing written notice to the other Party within thirty (30) days after the change of control.
You also may not: Make use of the Offered Content on more than one computer at a time, without prior purchase of additional licenses; You may not share, distribute, lend, lease, sublease, sublicense or otherwise make available, in any manner whatsoever, to any third party the Offered Content; Modify, adapt, create derivative works from or translate any part of the Offered Content other than what may be used within your work in accordance with this License; Reverse engineer, decompile or disassemble the Offered Content, nor attempt to locate or obtain its source code; Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the Offered Content; Make use of any Offered Content in any manner not stipulated within this Agreement or the documentation accompanying the Offered Content;Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;Allow any third party to use the Software on behalf of or for the benefit of any third party; Accuracy of informationOccasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
BackupsWe perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other resourcesAlthough the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Intellectual property rights“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by RetroDate, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with RetroDate, Inc. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of RetroDate, Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of RetroDate, Inc. or third party trademarks.
The Mobile App is protected by copyright and other Intellectual Property laws and treaties, and as such all rights, title, and interest in and to the Offered Content (content upload by You) (“Offered Content”), including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the Offered Content. Such Offered Content is protected by copyright laws and international treaty provisions. Therefore, Offered Content must be treated as any othercopyrighted material, with the exception that it is allowable for You to make copies as provided by the License. However, printed material, which may accompany any Offered Content, may not be copied.
Except as expressly stated herein, this Agreement does not grant either Party any rights to the other's content or any of the other's Intellectual Property. Specifically, RetroDate, Inc. owns all Intellectual Property rights in the Mobile App.
You agree, with respect to publicity that: (a) RetroDate, Inc. may include Licensee or its brand in a list of Licensees, online, or in promotional materials; and (b) RetroDate, Inc. may verbally reference Licensee as a licensee of the Mobile App.
RetroDate shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of RetroDate.RetroDate reserves the right to grant licences to use the Software to third parties.
Disclaimer of warrantyYou agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
RetroDate, Inc. shall use reasonable efforts consistent with prevailing industry standards to maintain the Mobile App in a manner which minimizes errors and interruptions. HOWEVER, RetroDate, Inc. DOES NOT WARRANT THAT THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOBILE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. NEITHER RetroDate, Inc. NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF RetroDate, Inc. MAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE MOBILE APP.
In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of RetroDate,Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this Agreement, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Mobile App . The aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected.
If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this Agreement.
Any waiver, supplementation, modification or amendment to any provision of this Agreement, shall only be effective when done so in writing and signed off by RetroDate, Inc. and You.
This Agreement constitutes a valid and legally binding obligation of the Parties, enforceable against the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors' rights generally and general equitable principles.
The title of the Agreement and the headings of Sections, and Clauses are included for convenience and shall not affect the meaning of the Agreement or the Section.
Limitation of liabilityTo the fullest extent permitted by applicable law, you agree that in no event will RetroDate, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages,arising from or in connection with RetroDate, or this Agreement, or the inability to use RetroDate (for whatever reason), statements or conduct with any user or any third party on RetroDate, your use of RetroDate, transportation to and from any date or event arising from your use of RetroDate, any statement made by another user or arising from your communication with another user of RetroDate, any transaction or interaction with or arising from your use of RetroDate, your use of RetroDate for related events, attendance at RetroDate events, participation in or exclusion from RetroDate groups or events and the actions of your or others (including third parties) at RetroDate groups or events, or an other matter related to RetroDate.
To the maximum extent permitted by applicable law, the aggregate liability of RetroDate, Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid by you to RetroDate, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
IndemnificationYou agree to indemnify and hold RetroDate, Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
SeverabilityAll rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their Agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
TerminationThis Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to RetroDate.It will also terminate immediately if you fail to comply with any term of this Agreement. Upon such termination, the licenses granted by this Agreement will immediately terminate without any notice being given and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this Agreement. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Governing LawThis Agreement shall be governed solely by the laws of the State of Delaware and of the United States. Should any action arise out of or in relation to this Agreement, such action may be brought exclusively in the appropriate federal or state court in Wilmington, Delaware, and as such, You and RetroDate, Inc. irrevocably consent to the jurisdiction of said court and venue for Wilmington, Delaware.
AssignmentYou may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendmentsWe reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these termsYou acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
Contacting usIf you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
support@retrodate.net
This document was last updated November 15, 2021.
This Agreement governs your acquisition and use of our RetroDate software ("Software") directly from RetroDate or indirectly through a RetroDate authorized reseller or distributor (a "distributor").If you register for a free trial of the RetroDate software, this Agreement will also govern that trial. By clicking "accept" or installing and/or using the RetroDate software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement.This Agreement shall apply only to the Software supplied by RetroDate herewith regardless of whether other software is referred to or described herein. The terms also apply to any RetroDate updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.RetroDate, Inc. may find the need to make available Updates or Upgrades for the Mobile App, inaccordance with this Agreement. It shall be at the sole discretion of RetroDate, Inc. to make conditional releases of said Updates or Upgrades to you upon your acceptance of updated Agreement, if any. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms and conditions of the updated Agreement.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHER USE OF THIS MOBILE APP, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU WILL HAVE NO RIGHTS TO THE MOBILE APP AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE MOBILE APP. THIS MOBILE APP IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY LAWS. THIS MOBILE APP IS LICENSED AND NOT SOLD.
Accounts and membershipYou must be at least 21 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement, you warrant and represent that you are at least 21 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and internet protocol address to prevent further registration.
User contentWe do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content in the Mobile Application submitted or created while using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our sole discretion, immediately or no later than within 24 hours, refuse or remove any Content that in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. We also reserve the right to immediately terminate your use of the Mobile Application and Services if we find that the Content is, in our reasonable opinion, in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Prohibited usesIn addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet; or(k) for any commercial use, including but not limited to advertising for any product or service or solicitation of any kind.We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses. Prohibited Content Prohibited Content is any content that:· infringes on the rights of others and includes, but is not limited to, sexually explicit content or content which promotes racism, bigotry, hatred or physical harm;· is deceptive, misleading, abusive, threatening, vulgar, indecent, harassing, blasphemous, defamatory, libelous;· is obscene, pornographic, pedophilic or menacing;· is ethnically objectionable, disparaging, or is otherwise injurious to third parties;· relates to or promotes money laundering or gambling;· is harmful to minors in any way, content that impersonates another person or threatens the unity, integrity, security or sovereignty the United States;· is known to be false or inaccurate;· constitutes an infringement on any patent, trademark, trade secret, copyright or other proprietary rights of any party· objectionable or otherwise unlawful in any manner whatsoever, or content which consists of or contains software viruses;· is in violation of any part of this Agreement.You are entirely responsible for all content that you upload, post, distribute, transmit, share, email or in any way make available Prohibited Content on the site. You agree not to help anyone upload, post, distribute, transmit, share, email or in any way make available Prohibited Content on the site.We are not responsible in any way for any content posted by any third party. Third parties are entirely responsible for all content they post on the site.You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any content you post on the site and we reserve the right to change, condense, or delete any content you post on the site. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any content that violates these Terms and Conditions or is otherwise objectionable. Further, we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Billing and paymentsYou shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL (Secure Sockets Layer) secured communication channel and is encrypted and protected with digital signatures, and the Mobile Application and Services are also in compliance with PCI (Peripheral Component Interconnect) vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. License GrantRetroDate hereby grants you a personal, non-transferable, non-exclusive licence to use the RetroDate software on your devices in accordance with the terms of this Agreement.You are permitted to load the RetroDate software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the RetroDate software.You may not assign or transfer any part of this Licensee without the written consent of RetroDate, Inc., except that, if a change of control occurs (including a sale or merger), the Party experiencing the change of control may ensure this License remains in full force and effect by providing written notice to the other Party within thirty (30) days after the change of control.
You also may not: Make use of the Offered Content on more than one computer at a time, without prior purchase of additional licenses; You may not share, distribute, lend, lease, sublease, sublicense or otherwise make available, in any manner whatsoever, to any third party the Offered Content; Modify, adapt, create derivative works from or translate any part of the Offered Content other than what may be used within your work in accordance with this License; Reverse engineer, decompile or disassemble the Offered Content, nor attempt to locate or obtain its source code; Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the Offered Content; Make use of any Offered Content in any manner not stipulated within this Agreement or the documentation accompanying the Offered Content;Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things;Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose;Allow any third party to use the Software on behalf of or for the benefit of any third party; Accuracy of informationOccasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
BackupsWe perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to other resourcesAlthough the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Intellectual property rights“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by RetroDate, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with RetroDate, Inc. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of RetroDate, Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of RetroDate, Inc. or third party trademarks.
The Mobile App is protected by copyright and other Intellectual Property laws and treaties, and as such all rights, title, and interest in and to the Offered Content (content upload by You) (“Offered Content”), including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the Offered Content. Such Offered Content is protected by copyright laws and international treaty provisions. Therefore, Offered Content must be treated as any othercopyrighted material, with the exception that it is allowable for You to make copies as provided by the License. However, printed material, which may accompany any Offered Content, may not be copied.
Except as expressly stated herein, this Agreement does not grant either Party any rights to the other's content or any of the other's Intellectual Property. Specifically, RetroDate, Inc. owns all Intellectual Property rights in the Mobile App.
You agree, with respect to publicity that: (a) RetroDate, Inc. may include Licensee or its brand in a list of Licensees, online, or in promotional materials; and (b) RetroDate, Inc. may verbally reference Licensee as a licensee of the Mobile App.
RetroDate shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of RetroDate.RetroDate reserves the right to grant licences to use the Software to third parties.
Disclaimer of warrantyYou agree that such Service is provided on an “as is” and “as available” basis and that your use of the Mobile Application and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
RetroDate, Inc. shall use reasonable efforts consistent with prevailing industry standards to maintain the Mobile App in a manner which minimizes errors and interruptions. HOWEVER, RetroDate, Inc. DOES NOT WARRANT THAT THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MOBILE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEITHER PARTY OR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF EITHER PARTY, MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. NEITHER RetroDate, Inc. NOR ANY OFFICER, DIRECTOR, SUBSIDIARY, AFFILIATE, OR EMPLOYEE OF RetroDate, Inc. MAKES ANY REPRESENTATION OR WARRANTY ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE MOBILE APP.
In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of RetroDate,Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this Agreement, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Mobile App . The aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected.
If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this Agreement.
Any waiver, supplementation, modification or amendment to any provision of this Agreement, shall only be effective when done so in writing and signed off by RetroDate, Inc. and You.
This Agreement constitutes a valid and legally binding obligation of the Parties, enforceable against the Parties in accordance with its terms, subject in all respects to the effects of bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other laws relating to or affecting creditors' rights generally and general equitable principles.
The title of the Agreement and the headings of Sections, and Clauses are included for convenience and shall not affect the meaning of the Agreement or the Section.
Limitation of liabilityTo the fullest extent permitted by applicable law, you agree that in no event will RetroDate, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages,arising from or in connection with RetroDate, or this Agreement, or the inability to use RetroDate (for whatever reason), statements or conduct with any user or any third party on RetroDate, your use of RetroDate, transportation to and from any date or event arising from your use of RetroDate, any statement made by another user or arising from your communication with another user of RetroDate, any transaction or interaction with or arising from your use of RetroDate, your use of RetroDate for related events, attendance at RetroDate events, participation in or exclusion from RetroDate groups or events and the actions of your or others (including third parties) at RetroDate groups or events, or an other matter related to RetroDate.
To the maximum extent permitted by applicable law, the aggregate liability of RetroDate, Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid by you to RetroDate, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
IndemnificationYou agree to indemnify and hold RetroDate, Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
SeverabilityAll rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their Agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
TerminationThis Agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to RetroDate.It will also terminate immediately if you fail to comply with any term of this Agreement. Upon such termination, the licenses granted by this Agreement will immediately terminate without any notice being given and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this Agreement. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Governing LawThis Agreement shall be governed solely by the laws of the State of Delaware and of the United States. Should any action arise out of or in relation to this Agreement, such action may be brought exclusively in the appropriate federal or state court in Wilmington, Delaware, and as such, You and RetroDate, Inc. irrevocably consent to the jurisdiction of said court and venue for Wilmington, Delaware.
AssignmentYou may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendmentsWe reserve the right to modify this Agreement or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of these termsYou acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
Contacting usIf you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
support@retrodate.net
This document was last updated November 15, 2021.