HelpMe
(hereinafter: Application) is a piece of software created to
Provide a roadside assistance service on demand,
in which a person with sufficient experience and capacity can assist
other people - and customized for Apple mobile devices. It is
used to Get roadside assistance.
The Application is not tailored to comply
with industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Application. You may not use the Application in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2
.
1
This license will also govern
any updates of the Application
provided by Licensor that
replace, repair, and/or
supplement the first
Application, unless a separate
license is provided for such
update in which case the terms
of that new license will
govern.
2
.
2
You may not share or make the
Application available to third
parties (unless to the degree
allowed by the Apple Terms and
Conditions, and with Metal
Compactors and Structural
Welding, LLC 's prior
written consent), sell, rent, lend,
lease or otherwise redistribute the
Application.
2
.
3
You may not reverse engineer,
translate, disassemble,
integrate, decompile, integrate,
remove, modify, combine, create
derivative works or updates of,
adapt, or attempt to derive the
source code of the Application,
or any part thereof (except with
Metal
Compactors and Structural
Welding, LLC 's prior
written consent).
2
.
4
You may not copy (excluding
when expressly authorized by
this license and the Usage
Rules) or alter the Application
or portions thereof. You may
create and store copies only on
devices that You own or control
for backup keeping under the
terms of this license, the App
Store Terms of Service, and any
other terms and conditions that
apply to the device or software
used. You may not remove any
intellectual property notices.
You acknowledge that no
unauthorized third parties may
gain access to these copies at
any time.
2
.
5
Violations of the obligations
mentioned above, as well as the
attempt of such infringement,
may be subject to prosecution
and damages.
2
.
6
Licensor reserves the right to
modify the terms and conditions
of licensing.
2
.
7
Nothing in this license should
be interpreted to restrict
third-party terms. When using
the Application, You must ensure
that You comply with applicable
third-party terms and
conditions.
3. TECHNICAL
REQUIREMENTS
3.
1
The Application requires a
firmware version
LAST
or higher
. Licensor recommends
using the latest version of the
firmware.
3.
2
Licensor attempts to keep the
Application updated so that it
complies with modified/new
versions of the firmware and new
hardware. You are not granted
rights to claim such an
update.
3.
3
You acknowledge that it is Your
responsibility to confirm and
determine that the app end-user
device on which You intend to
use the Application satisfies
the technical specifications
mentioned above.
3.
4
Licensor reserves the right to
modify the technical
specifications as it sees
appropriate at any time.
4. MAINTENANCE
AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and
support services for this licensed Application. You can reach the
Licensor at the email address listed in the App Store Overview for this
licensed Application.
4.2
Metal
Compactors and Structural
Welding, LLC
and
the End-User acknowledge
that Apple has no obligation
whatsoever to furnish any
maintenance and support
services with respect to the
licensed Application.
5. USE OF
DATA
You
acknowledge that Licensor will
be able to access and adjust
Your downloaded licensed
Application content and Your
personal information, and that
Licensor's use of such material
and information is subject to
Your legal agreements with
Licensor and Licensor's privacy
policy: http://terms.theroadassistanceapp.com/
.
6. USER
GENERATED
CONTRIBUTIONS
The Application may invite
you to chat, contribute to, or
participate in blogs, message
boards, online forums, and other
functionality, and may provide
you with the opportunity to
create, submit, post, display,
transmit, perform, publish,
distribute, or broadcast content
and materials to us or in the
Application, including but not
limited to text, writings,
video, audio, photographs,
graphics, comments, suggestions,
or personal information or other
material (collectively,
"Contributions"). Contributions
may be viewable by other users
of the Application and through
third-party websites or
applications. As such, any
Contributions you transmit may
be treated as non-confidential
and non-proprietary. When you
create or make available any
Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use
and to authorize us, the Application, and other users of the Application
to use your Contributions in any manner contemplated by the Application
and these Terms of Use.
3. You have the written consent, release,
and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Application and these
Terms of Use.
4. Your Contributions are not false,
inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to
promote violence against a specific person or class of people.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
12. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
13. Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Terms
of Use, or any applicable law or regulation.
Any use of the Application in violation of
the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the
Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of
the Application or making Contributions accessible to the Application by
linking your account from the Application to any of your social
networking accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use
copy, reproduce, disclose, sell, resell, publish, broad cast, retitle,
archive, store, cache, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial advertising, or otherwise, and to prepare derivative works
of, or incorporate in other works, such as Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media,
or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area in
the Application. You are solely responsible for your Contributions to
the Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions;
(2) to re-categorize any Contributions to place them in more appropriate
locations in the Application; and (3) to pre-screen or delete any
Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8.
LIABILITY
8
.1 Licensor takes no
accountability and
responsibility in case of
malicious
use
of
the
application
or
in
any
way
that
defeats
the
purpose
for
which
the
application
was
developed,
regardless
of
its
nature
.
9.
WARRANTY