5SecondsApp - Terms of Service

By using and accessing the mobile application 5SecondsApp, including this website, www.5secondsapp.com (collectively referred to as the "Site" or "5SecondsApp" in these Terms of Service), you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.

Eligibility
Use of the Site is limited to people who can enter into and form binding contracts under applicable law. Without limiting the foregoing, minors may not use the Site without the supervision of a responsible adult. Any use of or access to the Site by anyone other than as permitted hereunder is unauthorized, unlicensed and in violation of this Agreement. Use of the Site is void where prohibited.

User Content
We will not be responsible for any User Content. We do not systematically review User Content for conformity with this Agreement, but we reserve the right (but do not have any obligation) to review and remove or edit any User Content at our sole discretion. If you believe that any User Content infringes your intellectual property rights, please contact us as directed in the section below, entitled "Notice for Claims of Intellectual Property Violations and Agent for Notice". Please note that you are solely responsible for protecting and enforcing any intellectual property and other rights in your User Content. We shall have no obligation to do so on your behalf.

We may disclose your account information and/or User Content if required to do so by law, or in our good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Agreement; (c) respond to claims that any pattern or User Content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of us, the Users and/or the public.

Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any Content on our Site infringes your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site; 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 or intellectual property owner, its agent, or the law; information, if possible, sufficient to permit us to notify the owner/ administrator of the allegedly infringing content; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent to support@5secondsapp.com.

Third-party Sites.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by 5SecondsApp.

Modifications to this Agreement.
5SecondsApp reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

Termination of Use.
5SecondsApp shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.

Limitation of Liability.
In no event shall 5SecondsApp or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.

Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

Governing Law.
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of the USA, without regard to the conflicts of laws provisions therein.

Date of Last Update.
This agreement was last updated on November 11, 2014.