Terms of Service and License Agreement

MOBILE APPLICATION LICENSE AGREEMENT

PLEASE READ THIS MOBILE APPLICATION LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE KINSEY REPORTER APPLICATION.

By downloading, installing, or using the Kinsey Reporter (this "Application"), you acknowledge that you have read and understand this Mobile Application License Agreement (this "License Agreement") and agree to be bound by its terms and conditions. This is an agreement between you and The Kinsey Institute only. The Kinsey Institute is responsible for this Application and the content thereof.

Your use of these features and this Application is subject to the Application Privacy Policy, and any other agreements applicable to you at KinseyReporter.org.

Uninstall

To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.

Application Use

The Kinsey Institute grants you the right to use this Application only for your personal use on the mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you are downloading this Application. When using this Application, you are required to act ethically and submit true and accurate information to the best of your ability. You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application. You may not rent, lease or otherwise transfer rights to this Application. You may not use this Application in any manner that could impair any Kinsey Institute site in any way or interfere with any party's use or enjoyment of any Kinsey Institute site. You may not use this Application for any purpose to our actual or potential economic disadvantage in any respect, including using the Application to develop a competing application. We reserve all rights not specifically and expressly granted under the License Agreement.

You must comply with applicable third party terms of agreement when using this Application (e.g., your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile operating system has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

The Application is licensed, not sold. The License Agreement confers no title to or ownership in the Application and should not be construed as a sale of any rights in or to the Application. We may terminate, change, suspend, or discontinue any aspect of the Application, including the availability of any features of the Application, at any time and in our sole discretion.

Compliance with Laws

You agree to comply with all laws, rules, and regulations applicable to your use of the Application. In addition, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Intellectual Property

The Kinsey Institute and the Center for Complex Networks and Systems Research own, or are the licensees to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter The Kinsey Institute's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

Links to Third Party Websites

The Application may contain links to websites or other applications published by other content providers. These other websites or applications are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or applications. The inclusion of such a link does not imply our endorsement of the website or application or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same.

Your Provision of Information to Us

To the extent applicable (for example, if you are asked to provide specific information during the download process), you agree to provide accurate, current, and complete information. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to delete such information and refuse any and all current or future use of the Application or any portion thereof. Nonetheless, The Kinsey Institute may determine, at its sole discretion, whether to verify the accuracy and/or completeness of information provided via the Application.

Disclaimer of Warranties

This Application and the service(s) accessed by it are provided "as is" and "as available." The Kinsey Institute expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.

You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.

Limitation of Liability

Except as otherwise stated in this License Agreement, The Kinsey Institute is not liable to you for any harm resulting from any use or misuse of this Application. Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if The Kinsey Institute has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Indemnification

You will indemnify and hold harmless The Kinsey Institute and its parents, subsidiaries, limited partners, officers, directors, shareholders, agents and employees, from any claims, liabilities, or expenses (including reasonable attorneys' fees) that arise out of or are related to a violation of this License Agreement, for which you are responsible.

Kinsey Institute reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

License Modification

The Kinsey Institute reserves the right to make changes to this Application License Agreement from time to time. Any such changes will take effect upon the expiration of thirty (30) days after notification, unless you object to the changes prior to the expiration of the thirty (30) days period. We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the Application. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.

Choice of Law and Jurisdiction

This License Agreement shall be governed by the laws of the State of Indiana (USA) without regard to the conflicts of laws rules of any jurisdiction. Every dispute concerning the interpretation or effect of this License Agreement and/or your use of the Application must be resolved in the state or federal courts situated in the State of Indiana. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.

Equitable Relief

You acknowledge that any breach or threatened breach of this License Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Attorneys' Fees

In addition to any other relief, the prevailing party in any action arising out of this License Agreement shall be entitled to attorneys' fees and costs.

Severability

If any provision of this License Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this License Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Contact Us

If you have any questions about this Agreement, you can contact us at this email.

Last modified: 2012-11-14 at 17:56:00 EST