The Trendage Application Terms and Conditions of Use (“Agreement”) applies to the entirety of the Trendage mobile application (“App”) provided by Trendage, Inc.
Acceptance of terms and conditions
By using and continuing to use this App, you agree as follows:
- You understand and intend that this Agreement is legally binding and the equivalent of a signed, written contract;
- You will use this App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as the terms and conditions may be amended by Trendage, Inc. from time to time; and
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE DISCONTINUE ALL FURTHER USE OF THE APPLICATION.
Trendage, Inc.’s license to you
Trendage, Inc. grants you a single, non-exclusive, non-transferable and limited personal license to access and use this App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense this App and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Application from such device before doing so.
You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with this App).
Use of Trendage, Inc.’s services
The following requirements apply to your use of this App:
- You will not collect or store any Trendage, Inc. data and/or Trendage user data from this App through any means, including but not limited to the use of humans and/or bots to crawl, scrape, harvest and/or extract such information.
- You will not use this App for any commercial purpose not expressly approved by Trendage in writing. You will not use this App to transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
- You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
- You will not use this App when you are driving a motor vehicle, even if doing so is legally permitted in your location.
No unlawful access.
In addition, you agree that you will not use this App in any manner that could in any way disable, overburden, damage, or impair or otherwise interfere with any other party’s use and enjoyment of this App.
You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of this App.
Personal and non-commercial use limitation.
This App is for your personal and non-commercial use, unless otherwise specified. You may not use this App for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Trendage, Inc.
Security of data transmission and storage
Electronic communications using the App may not always be encrypted. You acknowledge that there is a risk that your data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Trendage or between you and other parties.
. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Trendage or its affiliates or agents monitor your Communications and enforces or fails to enforce the terms of this Agreement. In no event will Trendage or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Trendage or its affiliates or agents.
By accepting this agreement, you waive all rights and agree to hold Trendage harmless from any claims resulting from any action taken by Trendage during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Trendage or law enforcement authorities.
Rights to monitor and terminate access.
Trendage reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Disclosure under law.
Trendage reserves the right at all times to disclose any information as compelled by any applicable law, regulation, legal process or governmental request.
The Trendage App is owned by Trendage, Inc., and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Trendage, Inc. or its affiliates or agents. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Trendage, Inc. Nothing contained in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in this App without the written permission of Trendage, Inc., or such third party that may own the trademarks displayed in this App. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited.
Images displayed through this App are either the property of Trendage, Inc., or used with permission from partners, agents and/or affiliates of Trendage, Inc. You are prohibited from using or authorizing the use of these images unless specifically and contractually permitted by Trendage, Inc. Any unauthorized use of the images that may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes are strictly prohibited. All contents of this App are: Copyright © 2018 Trendage, Inc. All rights reserved.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed if such claims are reported to our Designated Copyright Agent identified below. Please provide us with a written notice either by email or mail containing the following information:
Copyright Work Information
- Your name
- Telephone number
- Email Address
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent via mail or email:
ATTN: Trendage Copyright Compliance
16192 Coastal Highway
Lewes, Delaware 19958
Disclaimer of warranties.
TRENDAGE, INC., PROVIDES THIS APP “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS APP IS WITH YOU.
Exclusion of all damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRENDAGE, INC. ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THIS APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRENDAGE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRENDAGE, INC., AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE APPLICATION OR ANY OTHER MATTER RELATING TO THE APPLICATION.
You agree to indemnify and hold Trendage, Inc. and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Application.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree to adopt and implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.