Terms of Use
EFFECTIVE DATE: AUGUST, 2025
EFFECTIVE DATE: AUGUST, 2025
AGREEMENT
This application end user license agreement (the “EULA”) is a legal agreement by and between Pixster Studio LLP LocateUs (hereinafter, “LocateUs”) and you (“You” or “Your”) concerning Your use of LocateUs’ mobile phone applications (the “Applications”) and the services available through the Website and Applications (the “Services”). By downloading, installing and otherwise using the Website and/or Applications, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and LocateUs’ Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES
This application end user license agreement (the “EULA”) is a legal agreement by and between Pixster Studio LLP LocateUs (hereinafter, “LocateUs”) and you (“You” or “Your”) concerning Your use of LocateUs’ mobile phone applications (the “Applications”) and the services available through the Website and Applications (the “Services”). By downloading, installing and otherwise using the Website and/or Applications, You represent and warrant that You have read and understand, and agree to be bound by the terms of this EULA and LocateUs’ Privacy Policy, which is incorporated herein by reference and made part of this EULA. IF YOU DO NOT UNDERSTAND THIS EULA, OR DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICES
INFORMATION COLLECTION AND USE; PRIVACY POLICY
By using the Services, You consent that LocateUs may collect and use certain information about You, as specified in the Privacy Policy. This may include personal data, location data, device identifiers, and usage data necessary to provide location-based services. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
By using the Services, You consent that LocateUs may collect and use certain information about You, as specified in the Privacy Policy. This may include personal data, location data, device identifiers, and usage data necessary to provide location-based services. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.
CHANGES TO AGREEMENT
LOCATEUS MAY CHANGE THIS EULA AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS EULA TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this EULA constitutes Your agreement to those changes.
LOCATEUS MAY CHANGE THIS EULA AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS EULA TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this EULA constitutes Your agreement to those changes.
ELIGIBILITY
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS EULA.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN “ENTITY”) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO “YOU” HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS EULA.
LICENSE
Subject to Your compliance with this EULA, LocateUs hereby grants You a limited non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Applications. LocateUs reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with LocateUs. When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Applications or your possession and use of that Applications infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Applications against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Applications.
Subject to Your compliance with this EULA, LocateUs hereby grants You a limited non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Applications. LocateUs reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with LocateUs. When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Applications or your possession and use of that Applications infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Applications against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Applications.
PAYMENTS AND PURCHASES OF VIRTUAL GOODS
LocateUs may license to you certain virtual goods or premium features to be used within LocateUs Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. LocateUs may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. LocateUs shall have no liability to you or any third party in the event that LocateUs exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT LOCATEUS IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
LocateUs may license to you certain virtual goods or premium features to be used within LocateUs Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. LocateUs may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. LocateUs shall have no liability to you or any third party in the event that LocateUs exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT LOCATEUS IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
THE SERVICES DO NOT PROVIDE EMERGENCY RESPONSE
LocateUs provides the Services for personal location tracking, geofencing, and safety purposes only. LocateUs is not an emergency service provider and cannot guarantee that location alerts, SOS messages, or notifications will be delivered or acted upon in time to prevent harm. The information made available through the Services should not be interpreted as a substitute for contacting official emergency services. If you are in danger, you should contact the relevant authorities directly. YOUR USE OF THE SERVICES DOES NOT ESTABLISH ANY EMERGENCY RESPONSE RELATIONSHIP BETWEEN YOU AND LOCATEUS. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL ENSURE THAT YOU HAVE ALTERNATIVE MEANS OF CONTACTING EMERGENCY SERVICES.
LocateUs provides the Services for personal location tracking, geofencing, and safety purposes only. LocateUs is not an emergency service provider and cannot guarantee that location alerts, SOS messages, or notifications will be delivered or acted upon in time to prevent harm. The information made available through the Services should not be interpreted as a substitute for contacting official emergency services. If you are in danger, you should contact the relevant authorities directly. YOUR USE OF THE SERVICES DOES NOT ESTABLISH ANY EMERGENCY RESPONSE RELATIONSHIP BETWEEN YOU AND LOCATEUS. YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL ENSURE THAT YOU HAVE ALTERNATIVE MEANS OF CONTACTING EMERGENCY SERVICES.
LOCATION DATABASE AND LOCATION INFORMATION
LocateUs’ location database (“Location Database”) is comprised of GPS and network location data collected directly from your device, location data provided by third party mapping services, and location data shared by LocateUs members. Any LocateUs member may share location information with other members as permitted by the app’s settings. LocateUs is not responsible for any incorrect, inaccurate, delayed, or unreliable location information in the Location Database. You are solely responsible for making sure any location information you rely on is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information in the Location Database for commercial purposes without the express written consent of LocateUs.
LocateUs’ location database (“Location Database”) is comprised of GPS and network location data collected directly from your device, location data provided by third party mapping services, and location data shared by LocateUs members. Any LocateUs member may share location information with other members as permitted by the app’s settings. LocateUs is not responsible for any incorrect, inaccurate, delayed, or unreliable location information in the Location Database. You are solely responsible for making sure any location information you rely on is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information in the Location Database for commercial purposes without the express written consent of LocateUs.
ACCURACY OF THIRD PARTY INFORMATION
You understand that by using the Services, You may encounter content or data from third parties that may be inaccurate, outdated, or incomplete, including mapping data, location coordinates, or points of interest. Such information is provided by third parties and is the sole responsibility of its respective authors or providers. LOCATEUS DOES NOT WARRANT OR ENDORSE AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.
You understand that by using the Services, You may encounter content or data from third parties that may be inaccurate, outdated, or incomplete, including mapping data, location coordinates, or points of interest. Such information is provided by third parties and is the sole responsibility of its respective authors or providers. LOCATEUS DOES NOT WARRANT OR ENDORSE AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, USEFULNESS OR RELIABILITY OF ANY THIRD PARTY INFORMATION OR CONTENT POSTED ON THE SERVICES.
ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE POSSIBILITY THAT LOCATION DATA MAY BE DELAYED, INACCURATE, OR UNAVAILABLE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LOCATEUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE POSSIBILITY THAT LOCATION DATA MAY BE DELAYED, INACCURATE, OR UNAVAILABLE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LOCATEUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
USER INFORMATION; PASSWORD PROTECTION
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in LocateUs’ Privacy Policy.
You may also be asked to provide a user name and password in connection with Your use of certain Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify LocateUs immediately of any unauthorized use of Your account, user name, or password. LocateUs shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by LocateUs, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be current, complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. For additional information, see the section concerning “User Ability to Access, Update, and Correct Personal Information” in LocateUs’ Privacy Policy.
You may also be asked to provide a user name and password in connection with Your use of certain Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify LocateUs immediately of any unauthorized use of Your account, user name, or password. LocateUs shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by LocateUs, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.
YOUR INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LOCATEUS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. LOCATEUS ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. LOCATEUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL LOCATEUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LOCATEUS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. LOCATEUS ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. LOCATEUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL LOCATEUS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE, APPLICATIONS AND SERVICES.
FORUM CONTROL; MEMBER DISPUTES
LocateUs does not control the forums made available by means of the Website and Services. Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content on the forum. You should contact the forum administrator directly with any complaint or problem. LocateUs reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold LocateUs harmless in connection with any dispute or claim You make against any other member.
LocateUs does not control the forums made available by means of the Website and Services. Forum administrators and moderators reserve the right, in their sole discretion, to delete or modify forum posts, revoke membership to the forum, block access to the forum, modify Your account profile, or modify any User Content on the forum. You should contact the forum administrator directly with any complaint or problem. LocateUs reserves the right, but disclaims any perceived, implied or actual duty, to monitor disputes between Website members. You agree to hold LocateUs harmless in connection with any dispute or claim You make against any other member.
THIRD-PARTY WEBSITES
The Services offered through the Website and/or Applications are provided, in whole or in part, by third parties (“Third-Party Services”), some of whom may have established relationships with LocateUs and some of whom may not. LocateUs does not have control over the content and performance of Third-Party Services. LOCATEUS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SERVICES. ACCORDINGLY, LOCATEUS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE OR SERVICE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SERVICES. LOCATEUS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIRD-PARTY SERVICES.
The Services offered through the Website and/or Applications are provided, in whole or in part, by third parties (“Third-Party Services”), some of whom may have established relationships with LocateUs and some of whom may not. LocateUs does not have control over the content and performance of Third-Party Services. LOCATEUS HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY SERVICES. ACCORDINGLY, LOCATEUS DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE OR SERVICE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY SERVICES. LOCATEUS DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THIRD-PARTY SERVICES.
CONSENT TO RECEIVE EMAIL
You consent to receive email communications from LocateUs regarding the Services, new product offers and other promotions. You can opt out of receiving these email communications by following the unsubscribe instructions contained within the email or by contacting us at feedback@pixsterstudio.com.
You consent to receive email communications from LocateUs regarding the Services, new product offers and other promotions. You can opt out of receiving these email communications by following the unsubscribe instructions contained within the email or by contacting us at feedback@pixsterstudio.com.
USER CONTENT
“User Content” is any content, materials or information, not including Personal Information (as defined in LocateUs’ Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. You maintain full ownership of all your User Content posted to LocateUs, but grant us the license necessary to operate the Services. YOU HEREBY GRANT LOCATEUS A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY.
“User Content” is any content, materials or information, not including Personal Information (as defined in LocateUs’ Privacy Policy), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. You maintain full ownership of all your User Content posted to LocateUs, but grant us the license necessary to operate the Services. YOU HEREBY GRANT LOCATEUS A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY.
COMMUNITY FORUMS
“Community Forums” is any area, site or feature offered as part of the Services (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members or visitors. You acknowledge that Community Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Community Forums may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Community Forum and for the consequences of submitting or posting same. LOCATEUS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR COMMUNITY FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
“Community Forums” is any area, site or feature offered as part of the Services (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members or visitors. You acknowledge that Community Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share or exchange by means of any Community Forums may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share or exchange by means of any Community Forum and for the consequences of submitting or posting same. LOCATEUS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR COMMUNITY FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, LocateUs is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
You agree and understand that you may be held legally responsible for damages suffered by other members or third parties as the result of Your remarks, information, feedback or other content posted or made available on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, LocateUs is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Services.
OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child exploitation or abuse; (c) solicit personal information without consent; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of illegal substances; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this EULA or any other LocateUs agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by LocateUs (collectively, “Objectionable Content”). LOCATEUS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, LocateUs reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. LocateUs, in its sole discretion, may delete any Objectionable Content from its servers. LocateUs intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this EULA or of any applicable laws.
You represent and warrant that you shall not use the Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child exploitation or abuse; (c) solicit personal information without consent; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of illegal substances; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this EULA or any other LocateUs agreement, guidelines or policy; or (i) is generally offensive or in bad taste, as determined by LocateUs (collectively, “Objectionable Content”). LOCATEUS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE SERVICES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, LocateUs reserves the right to terminate Your use of the Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. LocateUs, in its sole discretion, may delete any Objectionable Content from its servers. LocateUs intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this EULA or of any applicable laws.
PROHIBITED USES
LocateUs imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to LocateUs or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about LocateUs users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the LocateUs Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
LocateUs imposes certain restrictions on Your use of the Services. You represent and warrant that you will not: (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to LocateUs or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about LocateUs users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the LocateUs Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
INTELLECTUAL PROPERTY RIGHTS
a. Software
You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of LocateUs. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of LocateUs and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by LocateUs.
b. Third Party Software
The Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software.
c. LocateUs Copyrights; Copyright Notice
All content and other materials available through the Application, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by PIXSTER STUDIO LLP or are the property of LocateUs’ licensors and suppliers. Except as explicitly provided, neither use of the Services nor this EULA grants You any right, title or interest in or to any such materials. Copyright © [Year] to the present, PIXSTER STUDIO LLP. ALL RIGHTS RESERVED.
a. Software
You acknowledge and agree that the Services and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of LocateUs. Furthermore, You acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of LocateUs and its affiliates, licensors and suppliers. Except as expressly stated in this EULA, You are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in this EULA are hereby reserved and retained by LocateUs.
b. Third Party Software
The Services may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software.
c. LocateUs Copyrights; Copyright Notice
All content and other materials available through the Application, including without limitation any software code, scripts, interfaces, graphics, displays, text, documentation and other components, and the selection, arrangement and organization thereof, are either owned by PIXSTER STUDIO LLP or are the property of LocateUs’ licensors and suppliers. Except as explicitly provided, neither use of the Services nor this EULA grants You any right, title or interest in or to any such materials. Copyright © [Year] to the present, PIXSTER STUDIO LLP. ALL RIGHTS RESERVED.
DISCLAIMERS; LIMITATION OF LIABILITY
a. No Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. LOCATEUS AND ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOCATEUS OR ITS AFFILIATES, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES.
a. No Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. LOCATEUS AND ITS THIRD-PARTY SERVICE PROVIDERS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOCATEUS OR ITS AFFILIATES, PARTNERS, SUPPLIERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND ANY THIRD PARTY CONTENT AND SERVICES.
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Services will be in accordance with this EULA, any other LocateUs policies, and all applicable laws and regulations.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement, including without limitation this EULA’s interpretation, shall be treated as though this EULA were executed and performed in Gujarat, India and shall be governed by and construed in accordance with the laws of the State of State of Gujarat without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this EULA shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
TERMINATION
Either party may terminate this EULA and its rights hereunder at any time, for any or no reason at all, by providing to the other party notice of its intention to do so. This EULA will terminate automatically if You fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any LocateUs Services. Any termination of this EULA automatically terminates all rights and licenses granted to You under this EULA, including all rights to use the Website, Applications and Services. Subsequent to termination, LocateUs reserves the right to suspend or disable your access to or use of the Services by whatever means it deems necessary to prevent Your unauthorized use of the Services.
NOTICES
All notices required or permitted to be given under this Agreement must be in writing. LocateUs shall give any notice by email sent to the most recent email address provided by You. You agree that any notice received from LocateUs electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH LOCATEUS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY LOCATEUS OF AN EMAIL TO THAT ADDRESS. You shall give any notice to LocateUs by means of: (1) postal service, postage prepaid, to PIXSTER STUDIO LLP, Makarba, Ahmedabad, Gujarat 380051; or (2) email to: feedback@pixsterstudio.com. Notice to LocateUs shall be effective upon receipt of notice by LocateUs.