Bart Jumper Terms of Use - EULA

END USER LICENSE AGREEMENT PRODUCTS 

1. AGREEMENT 

This application end user license agreement (the "EULA") is a legal agreement by and between Decimal Software, LLC (hereinafter, "Decimal Software") and you ("You" or "Your") concerning Your use of Decimal Software' website and Decimal Software' 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 Decimal Software' 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. 

2. INFORMATION COLLECTION AND USE; PRIVACY POLICY 

By using the Services, You consent that Decimal Software may collect and use of certain information about You, as specified in the Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. 

3. CHANGES TO AGREEMENT 

Decimal Software 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. 

4. 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. 

5. LICENSE 

Subject to Your compliance with this EULA, Decimal Software 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. Decimal Software 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 Decimal Software. 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 are 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 our 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. 

6. PAYMENTS AND PURCHASES OF RECURRING SUBSCRIPTIONS

Decimal Software may license to you a recurring subscription to enable certain features and convenience, and/or disable advertisements served in the app.

Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your iTunes will automatically be charged at the same price for renewal, as stated above, within 24-hours prior to the end of the current billing period. You can manage your subscription and/or turn off auto-renewal by waiting for your iTunes Account Settings after purchase. 

7. ACCURACY OF THIRD PARTY INFORMATION 

You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Decimal Software shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.