Pass-A-PresentTM App Terms of Use

 

Effective Date:  October 10, 2016.

 

The Pass A Present mobile application (the “App”) and its associated Linked Webpages are owned and operated by Rain Boot Media, LLC, a Kansas limited liability company (“RBM” or “we”).  Please read the following sections carefully, as they contain the terms and provisions governing your use of the App and its associated Linked Webpages (the “Terms of Use”).  Additionally, you should review our Privacy Policy.  Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent via e-mail to info@rainbootmedia.com or by mail to App Inquiries, Rain Boot Media, LLC, 10002 Howe Dr, Leawood, KS66206.

 

PLEASE READ THE FOLLOWING TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THE APP OR VIEWING THE APP’S ASSOCIATED LINKED WEBPAGES.  BY DOWNLOADING, ACCESSING, OR USING THE APP, OR VIEWING A LINKED WEBPAGE ASSOCIATED WITH THE APP, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY.  IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE APP OR VIEW ANY LINKED WEBPAGES.

 

TERMS OF AGREEMENT:  

 

The Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) between you (“you”) and RBM.  RBM has the right to modify this Agreement or these Terms of Use at any time.  Changes in these Terms of Use may be posted on the App and Linked Webpages, without other written, verbal, or electronic communication.  Every time you access or use the App or view a Linked Webpage, you are agreeing to the then-current Agreement.

 

USER ELIGIBILITY:

 

In order to download the App, register with the App, use the App or Services (defined below) or view associated Linked Webpages, you must be at least thirteen (13) years of age.  No users under the age of thirteen (13) are permitted to download, register with, or use the App or Services except under the direct supervision of a parent or guardian who has downloaded and registered with the App and has read and agrees to this Agreement.

 

THE APP AND SERVICES:

 

The App allows Registered Users to send personalized virtual gifts to Recipients via text messaging (the “Services”).  In order to create and send your personalized virtual gift, Registered Users will be permitted to upload a picture or image to the App or record a voice message through the App as a gift, create and add certain customized features to your gift, select a Recipient, and send the gift to the Recipient as a text message.  The App creates a text message on your mobile device containing a webpage link to your personalized virtual gift stored on RBM’s secure services.  Once you send the text message, the Recipient will be able to click on the webpage link and view your personalized virtual gift.

 

You will first be required to provide a promotional code or pay a fee through an in-app purchase.  All payments made while using the Services through the App are completed via the in-app purchase associated with the respective app store from which you downloaded the App, such as Google Play Store or Apple iTunes App Store.  When sending your personalized virtual gift via text message on your mobile device, standard text messaging and data rates may also apply.

 

USER REGISTRATION:

 

In order to download the App and use the Services, you will be required to register with the App (“Registered Users”).  Registering with the App requires you to provide your name, email address and a password.  Only persons at lease thirteen (13) years of age are permitted to register with the App.  In the event you are not at least thirteen (13) years of age, your parent or guardian must register with the App by providing their name, email address and password and such parent or guardian may authorize you to use the App under their direct supervision.

 

By registering with the App, you represent and warrant that any information you provide is true and accurate to the best of your knowledge.  You agree not to submit false information relating to your name and email address when registering with the App.  By registering with the App, you consent to receive periodic communication associated with your use of the App.  For more information on how RBM may use the information provided during registration, please see the Privacy Policy 

 

RECIPIENTS:

 

You may access personalized virtual gifts sent to you (“Recipient”) by a Registered User of the App.  Recipients may access their gift by clicking on the link provided in the text message sent by the Registered User.  The link directs the Recipient’s web browser to a Linked Webpage stored on RBM’s secure servers (“Linked Webpages”).  The Linked Webpage then allows the Recipient to acknowledge and open the gift through the Linked Webpage.  Recipients are not required to register with the App before viewing their personalized virtual gifts.

 

INTELLECTUAL PROPERTY RIGHTS RELATING TO THE APP:

 

The App and all materials available on it are the property of RBM or its licensors and are protected by copyright, trademark and other intellectual property laws.  You may not use the contents of the App in any manner or for any purpose that would constitute infringement of RBM’s or its licensors’ intellectual property rights.

 

USER CONTENT:

 

The App and Services allows Registered Users to send images, photos, voice messages, comments or other information (collectively, “content”) to Recipients in the form of personalized virtual gifts.  Registered Users will own and continue to own all content submitted, provided or uploaded by you through the App.  By submitting, providing or uploading content through the App, you represent and warrant that you are the owner of such content or otherwise have the necessary rights to use such content. By using the App and Services to send your content to others in the form of a personalized virtual gift, you grant to RBM a limited license to store such content and use such content solely for the purpose of providing the Services and making the content available to the selected Recipient.  You further grant to the Recipient a limited license to view the content solely for personal, non-commercial purposes and to make copies of your content for personal, non-commercial purposes. 

 

LIMITED USE AND PROHIBITED ACTIVITIES:

 

The App and Services are intended only for non-commercial use by individual users and any other use is strictly prohibited.  The following activities are expressly prohibited from the App: 

 

  1. Using the App and Services for commercial purposes, including but not limited to advertising, marketing, promotional activities or spam;

 

  1. Using the App and Services to send content that may be considered obscene, offensive or defamatory, or when you are aware such person does not wish to receive such content;

 

  1. Using the App and Services to send content that contains another’s copyrights or trademarks or otherwise violates another’s intellectual property rights;

 

  1. Using the App and Services to send content to Recipients you do not know or believe that such Recipients do not wish to receive content from you;

 

  1. Posting, publishing or otherwise publicly displaying content included within a personalized virtual gift in a manner that violates the Registered User’s intellectual property and privacy rights;

 

  1. Engaging in activity that compromises the App, including, but not limited to hacking, IP attacks, viruses, spamming, phishing, or crashing;

 

  1. Engaging in any activity designed to impede the use of the App by other users, including overloading and flooding; and

 

  1. Accessing the App by means of automated process, spiders, bots or similar device.

 

LINKS TO THIRD-PARTY SITES:

 

Any links to other websites not owned or operated by RBM are provided solely as a convenience for you and other Registered Users and Recipients of the App or any associated Linked Webpages.  RBM’s listing of any third party does not create a partnership or affiliation with the third party.  RBM’s listing of any third parties does not constitute sponsorship or endorsement of these third parties.  You are responsible for making competent consumer decisions before relying on the information provided by any linked or listed third party and before purchasing goods or employing the services of any linked or listed third party.  You hereby assume all risk associated with obtaining information, goods or services from any third party.

 

NO UNLAWFUL OR PROHIBITED USE:

 

As a condition of your use of the App or associated Linked Webpages, you warrant to RBM that you will not use the App, any RBM material provided on the App, or any user content provided through the App, for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.

 

INFORMATION PROVIDED TO RBM THROUGH THE APP:

 

RBM does not claim ownership of the information you provide by registering with the App or by using the App or Services; however, by submitting your information through the App, you consent to RBM using the information or content to contact you, to provide the Services, and to improve the App. For more information in how RBM may use the information you provide through registration or use of the App or Services, please see the Privacy Policy .

 

By submitting information through the App, you represent and warrant that the information is accurate and that you have all rights necessary to provide such information, including the license above.  

 

WARRANTY DISCLAIMER:

 

THE APP, SERVICES AND ANY CONTENT PROVIDED THROUGH THE APP ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  RBM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE APP OR SERVICES, THE CONTENT PROVIDED TO YOU AS A RECIPIENT, ANY FEATURES PROVIDED ON THE APP OR ANY INFORMATION PROVIDED ON THE APP IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  RBM DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APP AND SERVICES.  RBM SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO YOUR USE OF THE APP OR VIEWING OF CONTENT AS A RECIPIENT.  RBM HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  

 

LIMITATION OF LIABILITY:

 

IN NO EVENT SHALL RBM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP AND SERVICES OR CONTENT PROVIDED THROUGH THE APP, WITH THE DELAY OR INABILITY TO USE THE APP AND SERVICES, OR FOR ANY INFORMATION PROVIDED ON OR THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RBM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

 

RMB’S TOTAL LIABILITY TO YOU FOR YOUR USE OF THE APP OR ANY LINKED WEBPAGE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

 

USER INDEMNIFICATION:

You agree to indemnify RBM and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the App and Services.  Such acts may include, but are not limited to: submissions, unauthorized use of material through the App, or breach of this Agreement.

 

GENERAL:

 

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Kansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of State and/or Federal courts in Johnson County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the App or Services.  

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and RBM as a result of this Agreement or your use of the App or Services.

 

RBM’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of RBM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or Services or information provided to or gathered by RBM with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

 

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RBM with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RBM with respect to the App.

 

CHANGE OF CONTROL:

 

In the event of a change of control of RBM or the sale of substantially all of RBM’s assets, all rights of RBM hereunder shall be transferable without notice to you.

 

CONTACT US:

To remove or change your registration information in our database, to terminate your registration with the App, or to not receive future mailings or other communications, as well as for all other inquiries, please contact us at any time using one of the options below:

1. Email RBM at info@rainbootmedia.com.

2. Contact us at:
Rain Boot Media, LLC 

10002 Howe Dr

Leawood, KS66206

NOTE TO WEB DEVELOPER:  Please label the link to the privacy policy at the bottom of each page “Privacy Policy: Your Privacy Rights.”

 

Privacy Policy: Your privacy Rights

 

Effective Date: October __, 2016.

 

The Pass-A-PresentTM mobile application (the “App”) and its associated Linked Webpages are owned and operated by Rain Boot Media, LLC, a Kansas limited liability company (“RBM” or “we”).  Please read the following sections carefully, as they contain the terms and provisions governing the use of your information obtained through your use of the App and its associated Linked Webpages (the “Privacy Policy”).  Additionally, you should review our Terms of Use. [note to developer: provide hyperlink to the terms of use].   Inquiries or concerns regarding these Terms of Use or the Privacy Policy may be sent via e-mail to [insert contact email] or by mail to App Inquiries, Rain Boot Media, LLC, [insert mailing address].

 

PLEASE READ THE FOLLOWING PRIVACY POLICY AND THE TERMS OF USE CAREFULLY BEFORE USING THE APP.  BY DOWNLOADING, ACCESSING, OR USING THE APP, OR VIEWING A LINKED WEBPAGE ASSOCIATED WITH THE APP, YOU SIGNIFY YOUR ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY.  IF YOU DO NOT ASSENT TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE APP OR VIEW ANY LINKED WEBPAGES.

 

RBM appreciates your concerns about privacy; therefore, we have created this privacy policy in order to demonstrate our firm commitment to privacy.  The App is intended to allow Registered Users to send personalized virtual gifts to Recipients via text messaging (the “Services”).  In order to provide the App and Services, RBM requires Registered Users to register with the App by providing their name, email address and a password.  RBM is committed to keeping this information secure and private and does not sell or provide such information to any third parties.  Recipients are not required to provide any information to RBM.  The following discloses our information gathering and dissemination practices for the App.

 

CALIFORNIA RESIDENTS: 

 

RBM does not disclose your personal information collected on the App to any third-party for its direct marketing purposes.

 

UTAH RESIDENTS:

 

RBM does not disclose your personal information collected on the App to any third-party for its direct marketing purposes.

 

CHILDREN’S PRIVACY:

 

RBM takes concerns about children’s privacy very seriously.  As such, RBM does not permit children under the age of thirteen (13) to register with the App or provide any personal information through the App.  Parents or guardians may register with the App by providing their personal information and permit their children under the age of thirteen (13) to use the App under their direct supervision.  However, we never knowingly collect any personal information from children using the App under a registered parent’s or guardian’s supervision.

 

If you are a parent or guardian concerned that your child has submitted personal information (such a name or email address) through the App, please contact us using the information provided in the “Contact Us” section below in order to review the information your child provided and/or direct us to delete any such information.

 

INFORMATION WE COLLECT:

 

Personally Identifiable Information

 

RBM does not collect any personally identifiable information from Registered Users except when you register with the App.  Personally identifiable information collected during registration includes your name and email address.  RBM additionally collects content you upload to the App when allowing Registered Users to create a personalized virtual gift.  Such content may include images, photos or recorded voice messages submitted by you and may contain personally identifiable information, which cannot be verified by RBM.  RBM does not collect any personally identifiable information from Recipients.  By registering with the App, you agree to allow RBM to use this information in accordance with the general terms of this Privacy Policy for the limited purposes provided below.

 

Non-Personally Identifiable Information

 

RBM may collect information and data through technology that does not identify anyone personally (“non-personal data”) in order to make the App and Linked Webpages more useful for you and other Registered Users and Recipients.  This non-personal data may also be used to make your experience on the App and any Linked Webpages better by optimizing performance within App and Linked Webpages and increase the speed of navigation through the App and lined webpages.  Below are examples of non-personal data that we may collect through your use of the App and Linked Webpages.

 

Cookies.  We may use a standard feature in browser software called “cookies” to enhance your experience with the App and Linked Webpages.  Cookies are small files that your web browser places on your hard drive for record-keeping purposes.  By showing how and when visitors use the App, cookies help us identify how many unique users visit the App and track user trends and patterns.  Cookies also benefit your use of the App and Linked Webpages and save you time by storing and making easily available information required to use the App and Linked Webpages.  Information on deleting or controlling cookies is available at www.AboutCookies.org.  Please note that deleting our cookies or disabling future cookies may negatively affect the continuity and user experience when you use the App or Linked Webpages.

 

Clear Gifs.  We may also employ a software technology called clear gifs (also known as web beacons) that help us better manage content on the App and Linked Webpages by informing us what content is effective and of interest to our users.  Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users.  Clear gifs and cookies are not tied to your personally identifiable information and may be used to improve your user experience when using the App or Linked Webpages.

 

Log Files.  Like most standard website servers, RBM may use log files.  Information collected in log files may include internet protocol (IP) addresses, your mobile device identifier, browser type, internet service provider (ISP), mobile network provider, referring/exit pages, platform type, date/time stamp, and number of clicks.  We utilize this information to analyze trends, administer the App and Linked Webpages, track your movement in the aggregate, and gather broad demographic information for aggregate use.  This information is not personally identifiable and may be used to make your experience with the App and Linked Webpages better.

 

HOW NON-PERSONALLY IDENTIFIABLE DATA MAY BE USED:

 

RBM may use non-personal data collected from you as a Registered User or Recipient to (i) improve the performance the App and Linked Webpages, (ii) improve the functionality or layout of App and Linked Webpages, (iii) improve and develop RBM’s services relating to the App, and (iv) better administer and troubleshoot our systems.

 

HOW PERSONALLY IDENTIFIABLE DATA MAY BE USED:

 

RBM uses Registered Users’ personally identifiable information (name, email address and potentially content) to provide the Services as initiated by use through the Registered Users’ use of the App.  RBM may also use a Registered User’s personal information to contact you about your account, notify you of changes to the App and/or services provided by RBM.  RBM will not disclose, share, sell, lease, or rent your personally identifiable information to any third party outside of RBM, our affiliates and any third party contractors. RBM will not use your personally-identifiable information except as expressly provided herein.   [note to RBM: please verify this statement is accurate]

 

PAYMENTS:

 

All payments made for using the Services through the App are completed as in-app purchases through your respective app store from which you downloaded the App, including the Google Play Store and iTunes App Store.  RBM does not collect or store your payment information.

 

CHANGE OF CONTROL:

 

In the event of a change of control of RBM or the sale of substantially all of RBM’s assets, all rights and obligations of RBM hereunder shall be transferable without notice to you.  Your information may be considered an asset of RBM and you consent to the transfer of your information collected through the App by RBM to the entity taking control or the purchaser of substantially all of RBM’s assets.  Such subsequent owner shall take over the obligations and rights set forth in this Privacy Policy.

 

SECURITY:

 

The App includes commercially reasonable security measures in place to protect against the loss, misuse and alteration of the information under our control; however, RBM does not guarantee the performance or adequacy of such security measures.

 

LINKS TO OTHER WEBSITES:

 

The App and Linked Webpages may contain links to other websites that are not owned or operated by RBM.  RBM is not responsible for the privacy policies or practices of third parties or the content or security of such third-party websites.  You bear all risk associated with navigating a third-party site and any employment of any third party and obtaining their goods or services.

 

CHANGES TO THIS PRIVACY POLICY:

 

This Privacy Policy describes the types of information we currently collect through your use of the App, and the ways we use and protect that information.  From time to time, RBM may collect different types of information and use that information in different ways.  For example, when RBM add features or services to the App or Linked Webpages, RBM may edit this policy to explain the new practices.  If RBM does make significant changes in its practices, RBM may include announcements on the App’s home page or a Linked Webpage so that you will know to review the revised Privacy Policy.  In any event, by accessing and using the App or viewing a Linked Webpage, you are agreeing to be bound by the then-current Privacy Policy.

CONTACT US:

To remove or change your contact information in our database, or to not receive future mailings or other communications, as well as for all other inquiries, please contact us at any time using one of the options below:

1. Email RBM at [insert email address].

2. Contact us at:
Rain Boot Media, LLC 

[Insert Mailing Address]

Express Consent for App Sign-Up: [note to developer: prior to completing registration for the App, please require a click-thru acknowledgment window having the following check boxes:]

 

I am at least 13 years of age and I agree to the Terms of Use and Privacy Policy.

I am a parent or guardian registering for an App user and I agree to the Terms of Use and Privacy Policy.  By registering as a parent or guardian, I agree to directly supervise any App user under the age of 13 at all times when using the App under my registered account. 

Acceptance of Terms of Use for Recipients: [note to developer: please include the following language below the view gift button on a recipient’s linked webpage:]

 

By clicking “View Gift” I agree to Rain Boot Media’s Terms and Use and Privacy.