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Address
2300 W Sahara Ave #800, Las Vegas, NV 89102, USA
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Phone
+12029938474
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EULA
1337 Mushroom Exchange is licensed to You (End-User) by 1337 Mushroom LLC, located and registered at 2300 W Sahara, Suite 800, Las Vegas, Nevada 89102, United States ("Licensor"), for use only under the terms of this License Agreement. Our VAT number is 93-2979696.
By
downloading the Licensed Application from Apple's software distribution
platform ("App Store") and Google's software distribution platform
("Play Store"), and any update thereto (as permitted by this License
Agreement), You indicate that You agree to be bound by all of the terms
and conditions of this License Agreement, and that You accept this
License Agreement. App Store and Play Store are referred to in this
License Agreement as "Services."
The
parties of this License Agreement acknowledge that the Services are not
a Party to this License Agreement and are not bound by any provisions
or obligations with regard to the Licensed Application, such as
warranty, liability, maintenance and support thereof. 1337 Mushroom LLC,
not the Services, is solely responsible for the Licensed Application
and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). 1337
Mushroom LLC acknowledges that it had the opportunity to review the
Usage Rules and this License Agreement is not conflicting with them.
1337 Mushroom Exchange when
purchased or downloaded through the Services, is licensed to You for
use only under the terms of this License Agreement. The Licensor
reserves all rights not expressly granted to You. 1337 Mushroom Exchange
is to be used on devices that operate with Apple's operating systems
("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
1337 Mushroom Exchange ("Licensed Application")
is a piece of software created to facilitate peer to peer exchanges on
1337mushroom.exchange — and customized for iOS and Android mobile
devices ("Devices"). It is used to peer to peer crypto currency exchange.
The
Licensed 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 Licensed Application. You may not use the Licensed Application in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1
You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices that
You (End-User) own or control and as permitted by the Usage Rules, with
the exception that such Licensed Application may be accessed and used by
other accounts associated with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
2.2
This license will also govern any updates of the Licensed Application
provided by Licensor that replace, repair, and/or supplement the first
Licensed Application, unless a separate license is provided for such
update, in which case the terms of that new license will govern.
2.3
You may not share or make the Licensed Application available to third
parties (unless to the degree allowed by the Usage Rules, and with 1337
Mushroom LLC's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2.4
You may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works or updates
of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with 1337 Mushroom LLC's prior
written consent).
2.5
You may not copy (excluding when expressly authorized by this license
and the Usage Rules) or alter the Licensed 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 Usage
Rules, 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. If you sell your Devices to a third party, you must
remove the Licensed Application from the Devices before doing so.
2.6
Violations of the obligations mentioned above, as well as the attempt
of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8
Nothing in this license should be interpreted to restrict third-party
terms. When using the Licensed Application, You must ensure that You
comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1
Licensor attempts to keep the Licensed 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.
3.2
You acknowledge that it is Your responsibility to confirm and
determine that the app end-user device on which You intend to use the
Licensed Application satisfies the technical specifications mentioned
above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1
1337 Mushroom LLC is not obligated, expressed or implied, to provide
any maintenance, technical or other support for the Licensed
Application.
4.2 1337 Mushroom LLC and
the End-User acknowledge that the Services have 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, which
can be found at the bottom of the Licensed Application.
You
acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and
application software, and peripherals, offer product support, facilitate
the software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also use
this information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally
identify you.
6. USER-GENERATED CONTRIBUTIONS
The
Licensed 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 Licensed 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 Licensed 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 Licensed Application, and other users of the Licensed Application to
use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
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 Licensed Application and this License Agreement.
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 this License Agreement, or any applicable law
or regulation.
Any
use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things,
termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking
your account from the Licensed 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 Licensed Application.
You are solely responsible for your Contributions to the Licensed
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 recategorize any
Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen 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's responsibility in the case of violation of obligations and
tort shall be limited to intent and gross negligence. Only in case of a
breach of essential contractual duties (cardinal obligations), Licensor
shall also be liable in case of slight negligence. In any case,
liability shall be limited to the foreseeable, contractually typical
damages. The limitation mentioned above does not apply to injuries to
life, limb, or health.
8.2
Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this License
Agreement. To avoid data loss, You are required to make use of backup
functions of the Licensed Application to the extent allowed by
applicable third-party terms and conditions of use. You are aware that
in case of alterations or manipulations of the Licensed Application, You
will not have access to the Licensed Application.
9. WARRANTY
9.1
Licensor warrants that the Licensed Application is free of spyware,
trojan horses, viruses, or any other malware at the time of Your
download. Licensor warrants that the Licensed Application works as
described in the user documentation.
9.2
No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if
by Yourself or by third parties, or if there are any other reasons
outside of 1337 Mushroom LLC's sphere of influence that affect the
executability of the Licensed Application.
9.3
You are required to inspect the Licensed Application immediately after
installing it and notify 1337 Mushroom LLC about issues discovered
without delay by email provided in Contact Information.
The defect report will be taken into consideration and further
investigated if it has been emailed within a period of thirty (30) days
after discovery.
9.4
If we confirm that the Licensed Application is defective, 1337
Mushroom LLC reserves a choice to remedy the situation either by means
of solving the defect or substitute delivery.
9.5 In
the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and
Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages,
liabilities, expenses, and costs attributable to any negligence to
adhere to any warranty.
9.6 If
the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
1337 Mushroom LLC and the End-User acknowledge
that 1337 Mushroom LLC, and not the Services, is responsible for
addressing any claims of the End-User or any third party relating to the
Licensed Application or the End-User’s possession and/or use of that
Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You
represent and warrant that You are not located in a country that is
subject to a US Government embargo, or that has been designated by the
US Government as a "terrorist supporting" country; and that You are not
listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Bradley Burns
2300 W Sahara
Suite 800
Las Vegas, NV 89102
United States
brad@1337mushroom.com
13. TERMINATION
The
license is valid until terminated by 1337 Mushroom LLC or by You. Your
rights under this license will terminate automatically and without
notice from 1337 Mushroom LLC if You fail to adhere to any term(s) of
this license. Upon License termination, You shall stop all use of the
Licensed Application, and destroy all copies, full or partial, of the
Licensed Application.
1337
Mushroom LLC represents and warrants that 1337 Mushroom LLC will comply
with applicable third-party terms of agreement when using Licensed
Application.
In
Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," both Apple and Google and their
subsidiaries shall be third-party beneficiaries of this End User
License Agreement and — upon Your acceptance of the terms and conditions
of this License Agreement, both Apple and Google will have the right
(and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.
1337
Mushroom LLC and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User's
possession and use of that Licensed Application infringes on the third
party's intellectual property rights, 1337 Mushroom LLC, and not the
Services, will be solely responsible for the investigation, defense,
settlement, and discharge or any such intellectual property infringement
claims.
This License Agreement is governed by the laws of the State of Nevada excluding its conflicts of law rules.
17.1 If
any of the terms of this agreement should be or become invalid, the
validity of the remaining provisions shall not be affected. Invalid
terms will be replaced by valid ones formulated in a way that will
achieve the primary purpose.
17.2 Collateral
agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.
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