Terms of Service
Effective date: July 26, 2018
The Footpath mobile applications and related websites and services (collectively, the “Service”) are made available to you by Half Mile Labs LLC (“us” or “we” or “our” or “Footpath”). Your use of the service is subject to these Terms of Service (the “Terms”) in accordance with the Footpath Privacy Policy (the “Privacy Policy”).
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICE, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
Footpath reserves the right to make changes to these Terms of Service at any time and at our discretion. If you do not agree with such changes you should cease using the Service. Your continued use of the Service after any such changes to the Terms of Service shall be deemed acceptance of any such new or modified terms.
Use of the Service
Permission to Use
Footpath hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.
You may not copy, print, save or otherwise use data from the Site or the Service’s database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.
When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Footpath.
The Software may not be used in any way that is not expressly permitted by these Terms.
Service Availability
We may modify, update, interrupt, suspend or discontinue the Service or any part thereof at any time, for any or no reason, without notice or liability.
Footpath may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Footpath for applying such changes or for failures incidental to such changes.
User Accounts
You may simply browse our websites or use our mobile applications without registering with us, but you must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of the passwords for your account. You are also responsible for all activities that occur in connection with your account. You agree to notify us if any of your passwords is lost, stolen, if you are aware of any unauthorized use of your passwords, or if you know of any other breach of security in relation to the Service. We reserve the right to close your account at any time for any or no reason.
Communication
By creating an account, you agree to receive certain communications in connection with the Service. You can opt-out of non-essential communications from Footpath at https://footpathapp.com/account.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
Ownership and Use of Content
Responsibility
You alone are responsible for Your Content, and once published, it cannot generally be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Company. “Content” means content, text, images, photos, audio, video, location data, route information, and all other forms of data or communication accessible on or through the Service. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service.
Right to Use Content
We may use Your Content in a number of different ways, including copying it, publicly displaying it, reformatting it, modifying it, translating it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own or other third party websites, mobile applications and other media or formats, whether now known or hereafter developed (“Other Media“). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and Other Media the right to access Your Content in connection with their use of the Service. Finally, you irrevocably waive, and cause to be waived, against the Company and its users, any claims and assertions of moral rights or attribution with respect to Your Content.
Ownership
As between you and the Company, you own Your Content (subject to our right to use it as described above). We or our licensors own the remaining Content (“Company Content”), including but not limited to text, photos, video, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews or ratings, and all other elements and components of the Service.
Advertising
The Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.
Other
Company Content submitted by other users, advertisers and third parties does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate such Content at our sole discretion and without notice to you.
Use Restrictions
You agree not to, and will not assist, encourage, or enable others to use the Service to:
- Submit content that is fake, defamatory, obscene, pornographic, or invades someone’s privacy, that is intended to inflict emotional distress, or that is otherwise unlawful or objectionable; trade reviews with other businesses; or compensate someone or be compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, trade name, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by the Company;
- Solicit personal information from minors;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Interfere with or damage the operation of the Service or introduce to the Service or its users any type of harmful code or computer virus;
- Reproduce, modify, translate, or create derivative works of the Service or any portion thereof;
- Decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of, the Service or any portion thereof, (except as and only to the extent this restriction is prohibited by applicable law or by licensing terms governing the use of any FOSS components that may be included with the Service);
- Rent, lease, loan, sublicense, publish, transfer, sell, or redistribute access to or use of the Service, or any portion thereof, in any manner;
- Transmit “spam,” “chain letters,” “junk mail,” or “pyramid schemes”;
- Violate an order of a court or government agency; or
- Violate any applicable laws.
Payments and Fees
Payments
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Footpath) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://footpathapp.com/account. If you signed up through the iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Footpath, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Service, please contact us immediately via [email protected].
Fees
In order to access certain functionality of the Service, you may be required to pay Footpath Elite membership fees. Footpath Elite membership fees, along with any required taxes, may be paid on a one-time, monthly, or annual basis. All membership fees are payable in advance. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the membership fees, and other charges you incur in connection with your Footpath account, whether on a one-time or subscription basis. Footpath reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Auto-Renewal
Footpath Elite membership fees will be billed automatically at the start of the monthly or annual period, if applicable. These fees will auto-renew until your Footpath Elite membership is downgraded or terminated. Your membership fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Footpath Elite membership at any time, as described below.
Cancellation
If you signed up through the Google Play or iTunes store, you may cancel your Elite membership by downgrading through the corresponding store. The cancellation of a membership will go into effect at the end of your current billing cycle. When your Footpath Elite membership ends, your account will remain and become a free membership. You can renew your subscription at any time without opening a new account, although the Footpath Elite membership fees may have increased. You can delete your account at any time by going to https://footpathapp.com/account.
Intellectual Property
Copyright & trademark
We or our licensors own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us.
Proprietary rights
You acknowledge and agree that the Service contains proprietary content, information and material that is owned or licensed by Footpath and/or its licensors and suppliers, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, patent, trademark, and trade secret, and that you will not use such proprietary content, information or materials in any way whatsoever that is inconsistent with these Terms of Service or that infringes any intellectual property rights of Footpath or any third party. No portion of the Service, including any content therein, may be reproduced in whole or in part and you may be held liable for any such unauthorized copying or disclosure.
Footpath, the Footpath logo and other Footpath trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Half Mile Labs LLC in the US and/or other countries. Other trademarks or logos used in connection with the Service may be the trademarks of their respective owners. You are not granted any right or license in any of the foregoing trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be contained within the Service.
Suggestions and Feedback
The Company welcomes your comments and feedback regarding the Service. By sending us any ideas, suggestions, designs, data, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company’s confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) the Company will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.
Links to third parties
The Service may include links to other websites or applications (each, a “Third Party Service“). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk and subject to the Terms of Service and Privacy Policy on such sites.
Links to company websites
Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Company’s websites, provided that the hyperlinks accurately describe the content as it appears on the websites. The Company reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the website in its entirety (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website.
Copyright Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via US mail or email to:
Half Mile Labs LLC
Attn: Copyright Agent
440 N Barranca Ave #7180
Covina, CA 91723
[email protected]
Indemnity
You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) the violation by you, or any third party using your account, of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimer of Warranties and Liability
Content provided by the Company or other users may be inaccurate or outdated, and the Company makes no claims to the accuracy of any Content.
FOOTPATH PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Any and all content provided by the Service is made available for informational and planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location or map data may lead to death, personal injury, property or environmental damage. You agree that the results you receive from the Service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the map data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety, always pay attention to your surroundings and observe current road and trail conditions and signage.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
Footpath exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Footpath’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Footpath or any of its providers.
FOOTPATH, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Footpath and its licensors reserve the right to change, suspend, remove, or disable access to the Service, or any feature or part thereof, at any time without notice or liability. Footpath may also impose limits on the use of or access to the Service, or any feature or part thereof, in any case and without notice or liability.
Liability Exclusions
NEITHER FOOTPATH NOR ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE, MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, INCLUDING ANY INTERRUPTIONS DUE TO SYSTEM FAILURES, NETWORK ATTACKS OR SCHEDULED OR UNSCHEDULED MAINTENANCE.
If you have an account with the Service to post or submit anything, you agree to be fully liable for any and all claims, damages, demands, injuries, or losses arising from any posting, transmission, or submission resulting from someone else using your account, regardless of whether you permitted that use.
In the event this liability disclaimer is deemed unenforceable by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $100.
Choice of Law and Forum
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms of Service shall continue in full force and effect.
Termination
You may terminate the Terms at any time by closing your account, discontinuing your use of the Service, and providing the Company with a notice of termination.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability. Any such action could prevent you from accessing your account, the Service, all Content, or any other related information. The prospective obligations of these Terms will survive termination of your access to the service or these Terms.
General terms
We may provide you with notices, including those regarding changes to the Terms by email or communications through the Service. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder.
If any portion of these Terms is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms.
These Terms, and the Privacy Policy, may change from time to time. The Company may modify these Terms and/or the Privacy Policy effective immediately upon notice to you either by (1) electronic mail or (2) posting the modifications to the Service (which shall be deemed constructive notice). Your continued use of the Service following notice of any modifications shall be conclusively deemed an acceptance of all such modifications.
Support and Questions
We will respond to any questions regarding the Service and these Terms via [email protected].