Terms of Service
Effective January 28, 2016
Updated March 23, 2016
Agreement between user and 3B Apps LLC
Welcome to a 3B Apps Application. The applications if comprised of various features operated by 3B Apps LLC and is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of this application constitutes your agreement to all such Terms. Please read these carefully, and keep a copy of them for your reference.
Using this Application, sending emails to 3B, posting on social media, or any form of instant message or text constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email, social media, any form of instant message or text message, this application, and push notifications satisfy legal requirements that such communications be in writing.
If you use this application, you are responsible for maintaining the confidentiality of your account and password for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 3B Apps is not responsible for third party access to your account that results from theft or misappropriation of your account. 3B Apps and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion.
3B Apps collects personally identifiable information. 3B Apps collects this information for the following reasons:
In order to maintain your personal account
In order for the Application to provide its full services
In order to improve the Application through usage analysis
We collect information about personal data practices from children in our Application. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Application. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use the Application only with permission of a parent or guardian.
3B Apps and its partners retain the right to cancel service or offers. 3B Apps is not liable to refund any funds paid through the Application. All monetary transfers go directly to the Partner and therefore all disputes related to the refund of any purchase must be settled with the partner whose corresponding Application the purchase was made.
Links to Third Party Sites
This Application may contain links to other websites. The Linked Sites are not under the control of 3B Apps and therefore is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 3B Apps is only providing these links to you as a convenience, and the inclusion of any Link does not imply endorsement by 3B Apps of the site or association with its operators.
Certain services made available via this Application or 3B Apps are delivered by third party entities and organizations, be they partners, websites, or other application or software. By using any products services or functionality originating from the 3B Apps domain, you hereby acknowledge and consent that 3B Apps may share such information and data with any third party with whom 3B Apps has a contractual relationship to provide the requested product, service or functionality on behalf of 3B Apps users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software use by the Application is the property of 3B Apps or its suppliers and protected by copyright and other laws that protect intellectual property and property rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Application. 3B Apps content is not for resale. Your use of the Application does not entitle or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of 3B Apps and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressly or implied, to the intellectual property of 3B Apps or licensors except as expressly authorized by these Terms.
Use of Communication Services
The Application may contain communication facilities designed to enable you to communicate with our partners. You agree to use the Communication Services only to communicate only information that is proper and relevant to the partner’s operation.
By way of example, and not as a limitation, you agree that when using a Communication Service you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. Nor shall you publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information. You are prohibited from uploading files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents. Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, advertise, or offer to sell or buy goods or services for any business purpose, unless such Communication Services specifically allows such messages, conduct or forward surveys, contests, pyramid schemes or chain letters is strictly prohibited. Downloading any file posted by another user of a Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner, falsify of the origin sources of software, or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services. Violating any code of conduct or other guidelines which may be applicable for any particular Communication Service, harvest or otherwise collect information about others, including e-mail addresses, without consent; or violate any applicable laws or regulations is subject to immediate removal and any applicable legal action.
3B Apps has no obligation to monitor the Communication Services. However 3B Apps reserves the right to review materials posted to a Communication Service and remove any materials at its sole discretion. 3B Apps reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
3B Apps reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Or edit, refuse to post, or remove any information or materials in whole or part at 3B Apps’s sole discretion.
Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. 3B Apps does not control or endorse the content, messages, or information found in any Communication Service and, therefore, 3B Apps specifically disclaims any liability with regard to the Communication Services and hosts are not authorized 3B Apps spokespersons. Their views do not necessarily reflect those of 3B Apps.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials
Materials provided to 3B Apps or posted on any 3B Apps Application
3B Apps does not claim ownership of the materials you provide to them, including feedback, suggestions, post, upload, input, or submit to any 3B Apps Site or associated services. However, by posting, uploading, inputting, providing, or submitting content you are granting 3B Apps, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission as provided herein. 3B Apps is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at 3B Apps’s sole discretion.
By posting, uploading, inputting, providing, or submitting content you warrant and represent that you own or otherwise control all of the right to your Submission as described in this section including, without limitation, the right necessary for you to provide, post, upload, input, or submit the Submissions.
Third Party Accounts
You will be able to connect your 3B Apps account to third party accounts. By connecting your 3B Apps account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others. If you do not want information about you to be shared in this manner, do not use this feature.
3B Apps does not store any credit card information on its servers and does not have access to any of your credit card information to ensure maximum security and safety of your information.
The Application can be used to purchase items such as food, beverage, or other retail items. 3B Apps does not assume liability for your purchase to be accurate and the items exactly as depicted in the Application. It is strictly prohibited to sell any illegal merchandise, such as drugs, arms, or any other product illegal to buy or sell in the United States or its territories as pursuant to applicable law. 3B Apps is not responsible for the quality of the product or its condition. If you have any questions or concerns please contact the retailer. Any error in description or depiction, whether it be the spelling of a name or any other inaccuracy please contact us and the retailer for future correction.
The Service is controlled, operated and administered by 3B Apps from our offices in Fort Wayne Indiana. If you access the Service from a location outside of the continental United States, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through 3B Apps in any country or in any manner prohibited by any applicable law, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless 3B Apps and its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, or expenses relating to, or arising out of your use, or inability to use the Application or services. Any post made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 3B Apps reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 3B Apps in asserting any available defenses
The information, software, products, and services included in, or available through the Application may include inaccuracies or errors. Changes are periodically added to the information herein. 3B Apps and/or its suppliers may make improvements and/or changes in the Application at any time.
3B Apps and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Application for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided ‘as is’ with warranty or condition on any kind. 3B Apps and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall 3B Apps and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the app, with the delay or inability to use the Application or related services, the provision of failure to provide services or any information, software, products, services, and related graphics obtained through the Application or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if 3B Apps or any of its suppliers has been advised of the possibility of damages, because some states/restrictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Application, or with any of these Terms. Your sole and exclusive remedy is to discontinue using the Application.
3B Apps reserves the right, at its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of 3B Apps and you hereby consent to the exclusive jurisdiction and venue of courts in 3B Apps. Use of this Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 3B Apps as a result of this agreement or use of the Application. 3B Apps’ performance of this agreement is subject to existing laws and legal process, and everything contained in this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 3B Apps’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of Application or information provided to or gathered by 3B Apps 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 original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and 3B Apps with respect to the Application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and 3B Apps with respect to the Application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as the other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Source of Terms
These Terms were adopted from those of the template from rocketlawyer.com and they are not identical to that of the template. It has been adapted to fit the needs of 3B Apps and its customers and users. 3B Apps does not have any relationship with Rocket Lawyer, however 3B Apps thanks them for their resources.
Changes to Terms
3B Apps reserves the right, in its sole discretion, to change the Terms under which this Application is offered. The most current version of the Terms will supersede all previous versions. 3B Apps encourages you to periodically review the Terms to stay informed of our updates.
3B Apps welcomes your questions or comments regarding these Terms;