End User License Agreement
This End User License Agreement (“Agreement”) is between you and Demographic IQ, not the operating system vendor or cellphone/PC/Tablet manufacturer (“Vendor”) and governs use of this app made available. By installing the Demographic IQ App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Demographic IQ App.
1. Parties This Agreement is between you and Demographic IQ only. Notwithstanding the foregoing, you acknowledge that the Vendor and its subsidiaries are third party beneficiaries of this Agreement and CensusChannel LLC has the right to enforce this Agreement against you. Demographic IQ, not the Vendor, is solely responsible for the Demographic IQ App and its content.
2. Privacy Demographic IQ may collect and use information about your usage of the Demographic IQ App, including certain types of information from and about your device. Demographic IQ may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Demographic IQ App.
3. Limited License Demographic IQ grants you a limited, non-exclusive, non-transferable, revocable license to use the Demographic IQ App for your personal and commercial purposes. You may only use the Demographic IQ App on the Vendor devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Demographic IQ App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Demographic IQ App does not violate any applicable law or regulation. Your access to the Demographic IQ App may be terminated without warning if Demographic IQ believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Demographic IQ App, you agree to be bound by this Agreement in respect to your child's use of the Demographic IQ App.
5. Objectionable Content Policy Content may not be submitted to Demographic IQ, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty Demographic IQ disclaims all warranties about the Demographic IQ App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Demographic IQ, not the Vendor, shall be solely responsible for such warranty.
7. Maintenance and Support Demographic IQ does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Demographic IQ, not the Vendor, shall be obligated to furnish any such maintenance or support.
8. Product Claims Demographic IQ, is responsible for addressing any claims by you relating to the Demographic IQ App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Demographic IQ App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims Demographic IQ shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Demographic IQ App. To the extent Demographic IQ is required to provide indemnification by applicable law, Demographic IQ, not the Vendor, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Demographic IQ App or your use of it infringes any third party intellectual property right.